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Michigan Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Michigan on
Q: Is it legal to use someones health to controll them?

Like if someone is in controll of your medication, and they refuse to administer until you fullfil some sort of obligation for them?

1 Answer | Asked in Health Care Law for Michigan on
Q: My son is being abused in a mental hospital and I need help getting him out and into a facility that will help him

They beat his head off the wall and gave him a concussion. He was hospitalized for 2 days then sent back and now they won’t speak to me. He signed a paper for me to be his guardian and they just hang up on me when I callb

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2022

If your son is an adult, you will need to petition for guardianship from the probate court. The paper your son signed does not cut it. Until then, you have no legal authority to act on his behalf.

1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Michigan on
Q: 1st offense domestic violence on my wife. She just started treatment for mental health. Need no contact dropped now.

I cannot work and a take care of my kids. Ultimately am going to lose our home. Wife just started new meds. It's first offense domestic. No contact is ruining our lifes.

Brent T. Geers
Brent T. Geers
answered on Feb 16, 2022

Depending on the judge, she will need to state on the record she wants the no-contact lifted.

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan on
Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

2 Answers | Asked in Health Care Law for Michigan on
Q: Can a michigan hospital force a patient to go on a ventilator?
Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

I don't see why not if a doctor determines it necessary. The alternative is to go to a different hospital.

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1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: contract allows either party to terminate with 60 day notice, I have resigned but end date of 5/6/2022

Can employer terminate now that I have almost worked 60 days since resignation without having to pay my wages for 60 days since they are severing contract before my last day of work provided in resignation?

Carrie Dyer
Carrie Dyer
answered on Jan 5, 2022

This depends on the language in your contract. You should contact an employment lawyer in your area to review the contract.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers
answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Are we able to retain ownership of our home if we qualify for Medicaid; what is the max. income to qualify for Medicaid?

Are there other assets Medicaid can take from our estate?

Brent T. Geers
Brent T. Geers
answered on Nov 24, 2021

Depends on who you mean by "we" and who would be the qualifying person for Medicaid. Ordinarily, the value of the primary residence is exempt for qualification purposes; you can "keep" it while the person is alive. However, once a person dies, the state may seek to recover what... Read more »

1 Answer | Asked in Health Care Law for Michigan on
Q: What should I do if the people in hr ask me to sign some papers?

I was sent home from work on the 29th of October 2021 and I texted my supervisor yesterday and asked her what is my next schedule date to work and today she asked me to come in tomorrow so I can have a meeting with HR. I was sent home because me and a coworker got into it not hands on just words

Brent T. Geers
Brent T. Geers
answered on Nov 10, 2021

I don't think anyone can give you an accurate answer without knowing more, which you probably won't know until you talk with HR.

1 Answer | Asked in Health Care Law for Michigan on
Q: DO I HAVE A CASE?

I was sent home by my job because of situation my coworker and I keep having just words nothing else that day but anyways they told me to go home and they will call me and I pacifically asked should I call and the supervisor told me no the will call me so I have not heard anything from them since... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2021

I would take the time that's elapsed as a sign. You may want to think about being proactive and quit. That way you can pursue other opportunities.

1 Answer | Asked in Business Law and Health Care Law for Michigan on
Q: Operating a diagnostic ultrasound facility in Michigan

Hi,

I was thinking about opening a small diagnostic ultrasound clinic in Dearborn, Michigan. I am an experienced sonographer with more than 10 years of experience. I want to cater to clients/patients who will be self pay. I will not be billing insurance companies. I wanted to know what the... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Sep 17, 2021

You will likely need to seek out an attorney who has experience in health care law. I would inquire about whether or not a sonographer can operate independently, the type of license a diagnostic facility requires, and whether or not a diagnostic facility needs a physician in a director role. And, I... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Health Care Law for Michigan on
Q: Hey, I was using this, had hair loss and scalp itching and dandruff from it. I’d there anything I can do?

Scalp issues, hair loss still going on. It has been a week since I quit using the shampoo and conditioner. I still have hair loss, my hair is my pride. If I bald from this I won’t be happy at all.

Brent T. Geers
Brent T. Geers
answered on Jul 12, 2021

You need to see a dermatologist. To be successful in a lawsuit, you will need to link the product to the condition through expert testimony.

1 Answer | Asked in Health Care Law for Michigan on
Q: Are there supposed to be cameras in the hospital rooms for people who are there for just coughs
Brent T. Geers
Brent T. Geers
answered on May 13, 2021

Cameras are generally mounted in most hospital rooms, mainly for patient protection. Outside of perhaps an ICU unit, hospitals typically don't designate certain rooms for certain ailments, and so all rooms need to be equipped for the variety of situations.

2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Health Care Law for Michigan on
Q: Can my employer (a hospital) ask me if and when I got tested for covid? If yes, do I have to answer?

Can they access my medical records to find this information?

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 15, 2021

The Equal Employment Opportunity Commission recommends employers ask employees why they refuse to answer or cooperate, an employer like a hospital is probably equipped to discuss the subject with you. However, under the circumstances existing currently, the ADA allows an employer to bar an employee... Read more »

1 Answer | Asked in Health Care Law and Constitutional Law for Michigan on
Q: Can a county health department issue orders that citizens must abide by?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 10, 2021

There are limits (not at all addressed below), but generally yes. Public health rule making is regarded as one of the Police Powers.

The US Constitution reserves the Police Powers to the states (Tenth Amendment), although limited by the supremacy clause (Article VI, paragraph 2, and not...
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1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers
answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

2 Answers | Asked in Health Care Law, Libel & Slander and Personal Injury for Michigan on
Q: Reception at hospital loudly/publicly discussed my medical care, finances, my injury, payment history, and my looks.

They checked me in and I sat in the waiting room with others. They were commenting on how much I paid on my bill that day, how is the hospital would never see another penny, The fact that I was getting fake teeth (previous boating accident facial trauma) and that it wouldn't help anyway, how... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2021

A Michigan attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. You could continue to await a response, or you could consider reaching out to a local attorney to discuss, also looking into whether any state laws apply here. Good luck

Tim Akpinar

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1 Answer | Asked in Health Care Law for Michigan on
Q: I have an adult patient who has his mother as a HIPAA person on his forms.Do we HAVE to speak with her?
Brent T. Geers
Brent T. Geers
answered on Jan 14, 2021

Hopefully your place of employment has general counsel or some other mechanism for you to obtain legal advice about these sort of matters. You should communicate through the proper channels to get your answer to protect yourself.

Perhaps an overly simplistic answer, given without benefit of...
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