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Louisiana Health Care Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: I work for a home health Agency. that pays cash is it legal for her to not pay me over time an make me work 48hr straigh

She makes me work 48hrs without a break with a Alzhimers Patient, then go to a dying man that has maybe a week left knowing we are not able to sleep. I have been working for 2 and a half weeks with no day off. We work 12 hour shifts

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 25, 2024

In almost all cases, businesses must pay hourly employees overtime - time and a half - for hours worked over 40 in one workweek. This applies to home health agencies as well.

However, there are some exceptions. You should contact a local labor and employment attorney for more details...
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0 Answers | Asked in Health Care Law for Louisiana on
Q: I was hospitalized for a mental health issue I have been cleared by my Dr. I also am doing private therapy. But my ex w

My ex is trying g to keep him away from me. What can I do

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Blue Cross Blue Shield has been sending me someone else's mail for years. I told them to stop. Can I sue?

After years of dropping it in the slot marked "mail that's not yours," I finally called them to report it. I answered questions over the phone. They sent me a document, which I signed and returned stating I don't have any of the documents and haven't opened them. Also I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Louisiana attorney could advise best, but your question remains open for a week. It doesn't sound like a case, for practical purposes. What damages did you suffer? This is only an individual opinion. Different attorneys could see the same matter differently. You could reach out to local... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Public Benefits for Louisiana on
Q: What kind of lawyer do I need to sue a state health agencies for retaliation?

The state agencies responsible for oversight and administration of the medicaid waiver my son receives refuse to allow me to chose a different freedom of choice provider, have come up with different ways to block my son from receiving any services, and even made a false report to CPS about me after... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

A Louisiana attorney could advise best, but your question remains open for a week. A starting point could be to check with attorneys who deal with health insurance matters. They should be able to advise more definitively "yes" or "no" whether they handle something of this nature... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: Who can pronounce death in Missippi if the patient is in a hospital?

The patient was on a Psychiatric unit in a Long-term Acute Care Hospital

T. Augustus Claus
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answered on Sep 14, 2023

In Mississippi, licensed physicians are usually responsible for pronouncing a patient's death, even if the patient is in a psychiatric unit or a long-term acute care hospital. Healthcare professionals like nurses and physician assistants may assist in the process, but the official... View More

1 Answer | Asked in Health Care Law and Workers' Compensation for Louisiana on
Q: While working in a hospital, I got sick with Legionnaires disease. Is there a liability although no outbreak?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. It sounds like this occurred in the course of your employment, so it is different from ordinary personal injury cases that require the element of liability. Reach out to workers compensation attorneys in your... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: I have gotten a letter in the mail stating if I don’t pay my full balance of $907.29 I will be sued.

I had gotten a procedure done in 2019. I was paying on it until I couldn’t afford to anymore. My procedure was also infected and I had to go in for another to get it all cleaned out. I am not happy with any part of the procedure. I still have problems with my foot now.

Tim Akpinar
Tim Akpinar
answered on May 31, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to attorneys to try to arrange a free initial consult to discuss the file for your procedure. Good luck

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Louisiana on
Q: Can a doctor refuse to order routine blood test if you have concerns and ask them to run them ?
Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. Additional information is needed. It could depend on the basis for the doctor's position, the patient's concerns, the carrier's coverage, and other possible factors. Good luck

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Health Care Law for Louisiana on
Q: I need to revoke power of attorney but don’t remember the date it was initiated how can I remove it without the date

It’s in Alexandria Louisiana and the person who it was given to will not tell me the date and are miss using the powers acting on my behalf I have the paperwork to file but I do not have the original date of the initiation can I proceed without it even if it ask for the initial date on the form ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 26, 2022

File a Revocation with the Clerk of Court and request service on the person to whom you gave the power of attorney.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Health Care Law for Louisiana on
Q: Must I abide to details of a listing agreement?

I was ordered to sign a listing agreement for the partition of co-owned property. I signed the agreement but it has been one month and I have not shown the house due to COVID concerns. I just received a Motion for Contempt. I don’t know if that puts me in contempt since the order only stated I... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 30, 2021

You need to agree to requested showings. The CDC concluded that surface transmission was low. Get vaccinated. You can require that anyone looking at the house wear a mask and stay outside yourself until the showing is over. If not, you can be held in contempt.

1 Answer | Asked in Criminal Law and Health Care Law for Louisiana on
Q: If my name is on a global watchlist as reinstated, would this prevent me from getting an exspungment?

I have a misdemeanor from 2004 for unlawful alcohol sale and I just got reinstated no arrest for pretrial for Medicaid fraud. I was told my name will stay on the list ten years. Can I get my records clear or do I have to wait ten years?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 5, 2021

Your question is not clear. I guess you are trying to say your license to sell alcohol has been reinstated. "No arrest for pretrial for Medicaid fraud", means what? Does that mean you are out on bond with a misdemeanor charge pending? Call a criminal attorney to clarify your question.

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Louisiana on
Q: need information on Medicaid/child support and how they are connected in in Mississippi

i am a resident of Louisiana and so was my ex husband me and my ex husband got a divorce due to him cheating it was filed in January and granted in march i was also informed that me ex husband was expecting a new child with the female that he cheated on me with and is in a relationship with they... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 12, 2021

Hire a custody lawyer.

2 Answers | Asked in Health Care Law and Wrongful Death for Louisiana on
Q: My sister was hospitalized and released from a hospital in 2018 and had to readmitted the next day and intubated .

When she was released she wasn't suctioned properly and Conti ued to be admitted and released . She asphyxiated on the trache in 2019. Can I sue for wrongful death?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 30, 2021

Get a consultation with a medical malpractice attorney. But they will want to see the medical records to evaluate the case.

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1 Answer | Asked in Health Care Law and Juvenile Law for Louisiana on
Q: my parents are mean to me. i hate them and i want to runaway with my boyfriend, can i get into troble?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 30, 2021

Yes, you could up in Florida Parishes Juvenile Detension.

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: can a 16 yr old kid be examined without a guardian present. and do they have to let guardian know what is determined.

an pec was signed for a 16yr old kid

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 22, 2021

Generally, there are certain instances a minor can be examined without a guardian present. The facts of each case would determine whether this could be done. And yes, the parent or legal guardian is usually entitled to have access to that information, absent some limited exceptions (such as a... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Louisiana on
Q: Can I legally get arrested and commitment to a rehab or insane asylum for hearing voices and exhibiting odd behavior?

I was in my own home that I jointly own with my mother and one of my two sisters that lives with me called the state marshall and said I was staying up all night and hearing voices which is true,laughing and talking with them while they had me on strong mental health meds. My other sister... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 1, 2021

Anyone can call the Coroner to have your committed for 72 hour examination.

1 Answer | Asked in Health Care Law for Louisiana on
Q: Is it against the law for dr to email an excuse from work?

I was told that my work excuse could only be faxed or picked up.

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2020

A Louisiana attorney could answer best, but your question remains open for a month. Some offices might impose their own protocols in the interest of security or integrity for their documentation. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: If you are 9 weeks pregnant and the Dr prescribed you antibiotics that will harm your baby what can you do?
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

A lawyer shouldn't advise you here; a doctor should. You should express your concerns about the impact of such antibiotics on your baby to your doctor. And if your doctor's reasoning for prescribing such pills does not address your concerns, you could seek a second medical opinion. Good... View More

1 Answer | Asked in Health Care Law for Louisiana on
Q: Can a lawsuit be filed against a hospital?

Recently upon checking my credit report, I noticed a medical bill listed. However, I have never been admitted to that hospital nor did I live in that state. Therefore, someone(I have an idea who) used my name, date of birth and social security number. Can a lawsuit be filed against the hospital?

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2019

A Louisiana attorney could advise best on this, but your question remains open for two weeks, and it's advisable to take timely measures with this. Before moving forward with formal legal action against the hospital, you could contact their billing and collection department and ask them how... View More

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