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Missouri Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Missouri on
Q: Can a hospital sue you without giving you your health records or refusing to give your health records or history to you?

If documents dates and years and my age wrong can case be thrown out?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, anyone has a right to obtain a copy of their medical records. It depends on the relevance of those items toward the case - whether it involves med mal, bill collections, or other... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: Doctor said I could leave hospital if I wanted but if I did it would be AMA and my insurance would refuse to pay.

I've never heard of this being a thing, but the doctor sounded so certain. I'm on Medicaid through Missouri. I don't see them refusing the insurance bill

James L. Arrasmith
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answered on Mar 30, 2024

When you leave a hospital against medical advice (AMA), there can indeed be financial and health repercussions. Your doctor's warning stems from the concern that insurance providers, including Medicaid, may not cover the costs of a hospital stay if the discharge is AMA. This policy is intended... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: involuntary commitment paperwork was turned in and a judge denied it. can I write the judge asking him to reconsider
James L. Arrasmith
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answered on Mar 21, 2024

If a judge has denied involuntary commitment paperwork, you have the right to seek further clarification or reconsideration, but this process must be approached with respect to legal protocols. Writing to the judge directly to request a reconsideration is generally not the standard approach in... View More

1 Answer | Asked in Communications Law, Health Care Law, Identity Theft and Internet Law for Missouri on
Q: Do I have a lawsuit against Apple, Geek Squad & Xfinity (and more businesses)for allowing being hacked, verified,no help

A lot of info, dont know where to start, overwhelmed Apple verified my iPhone hacked 23Aug23, 2 Laptops hacked on Geek Squad (GS) watch have been TTech mmbr with GS since 2002 (said couldn’t help me,I have proof they allowed it to happen via remote access,they are Apple Certified) Apple put case... View More

James L. Arrasmith
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answered on Mar 18, 2024

I'm sorry to hear about the difficulties and distress you've experienced due to these security breaches and the subsequent lack of support. Given the complexity of your situation, it sounds like you've faced significant challenges on multiple fronts, from personal data security to... View More

1 Answer | Asked in Civil Rights and Health Care Law for Missouri on
Q: Paperwork was filled out for involuntary commitment before court date judge said no place for them.
James L. Arrasmith
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answered on Mar 4, 2024

When paperwork for involuntary commitment is completed but a judge indicates there's no place for the individual in question, it's a challenging situation that requires immediate attention and alternative solutions. The judge's response typically means that, despite the legal... View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Missouri on
Q: What can I do when I am being charged a much larger medical bill than I was originally told I would have to pay?

I had surgery in December of 2023. I was told that my insurance covered it and I would owe $750.00. A month later I received an explanation of benefits from the insurance company saying I have a financial responsibility of $7000+. Upon further examination I realized my insurance had been canceled... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Missouri attorney could advise best, but your question remains open for a week. As a starting point, you could contact the hospital administration (billing and collections departments) and the insurance carrier to try to find out what happened. If you need to escalate to an attorney consult, your... View More

2 Answers | Asked in Consumer Law and Health Care Law for Missouri on
Q: My groceries showed up from DoorDash with blood on them. As well as blood on my porch. not refund me. Have pics
James L. Arrasmith
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answered on Jan 18, 2024

In a situation where your grocery delivery arrives with blood on it, the first step is to document the issue thoroughly. Take clear photographs of the groceries and your porch as evidence. This documentation will be crucial in any subsequent actions you take.

Next, contact DoorDash customer...
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1 Answer | Asked in Health Care Law for Missouri on
Q: Do I have grounds to sue a hospital if I was robbed in their ICU waiting area

I feel asleep in the ICU waiting area waiting on my husband after he had come out of an 12hr surgery procedure from having a heart and kidney transplant, only to wake up and discover that all my credit cards and bank cards, my husband's wallet and cell phone had been stolen, the waiting area... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

A Missouri attorney could advise best, but your question remains open for four weeks. Until you are able to meaningfully discuss with a local attorney, the point you raise is valid, in terms of an expectation of security. However, you could anticipate being confronted with the defense of your... View More

2 Answers | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: My grandpa is on his way in an ambulance to a hospital, for a defective pacemaker. Can they sue the hospital?

He got the pacemaker a month ago, and today he was found with a very low heart rate which shows that the pacemaker was not properly functioning after a month. If this went in noticed, he could have died.

Joel Gary Selik
Joel Gary Selik
answered on Dec 23, 2023

It could be a malpractice case or a case against the manufacturer. More information would be needed.

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1 Answer | Asked in Health Care Law for Missouri on
Q: Can I sue for a hospital refusing to give me life saving treatment and instead give me option to die

At home or hospital and claim they was refusing to give me anymore care due to a past drug history that I never even failed a drug test for they went back in to my records and then have to sign my self out ama to have a doctor call me to tell me what was happening and said it was unethical and... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Under EMTALA, if you present yourself at the emergency department of a hospital, they are required to do an emergency assessment and provide appropriate medically necessary life-saving treatment to stabilize your condition before transferring or discharging you.

1 Answer | Asked in Employment Law and Health Care Law for Missouri on
Q: A nurse practitioner at the mental health clinic I work at gave out my personal cell # to a patient without my consent

A nurse practitioner at the mental health clinic I work at gave out my personal cell The patient contacted me via text message on my day off wanting to schedule treatment. I am an administrative assistant and don't see any reason for my personal number to be shared.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 12, 2023

I'm sorry that this happended to you. Speak to the nurse practitioner's supervisor to make sure this doesn't happen again. It's up to you but I doubt that it will make finacial sense for you to pay an attorney by the hour to send a letter and engage in back and forth with the employer.

1 Answer | Asked in Personal Injury, Health Care Law and Insurance Bad Faith for Missouri on
Q: I was never serviced for a lawsuit in 2013. Now 2023 discovering a default judgment against. What to do? READ DETAILS!

I was in jail/prison and allegedly a “family member” who was at my last known residence was served my summons. I had no clue of any of this information until 2023 upon a case net civil search. The debt is for medical bills/lien (improper lien) I may add as a result of a personal injury’... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

I suggest you hire an attorney who is experienced in filing motions for relief from void judgments. Because more than one year has passed since entry of the judgment, you are ineligible to file a motion to set aside a default judgment, which requires "good cause" and articulation of a... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: Can a hospital in Oklahoma City, Oklahoma refuse to do a life saving surgery, do to no insurance
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2022

A Missouri or Oklahoma attorney could advise best, but your question remains open for three weeks. The short answer nationwide is usually "yes," they can. Even with insurance, people can be declined pre-authorization for surgical procedures by their carriers. I'm sorry for your... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Missouri on
Q: Health Insurance misleading or non-responsive to q's

My health insurance company continually refuses to answer direct questions I have re: claim denial. Specifically, what codes were used. In addition, they also provide false/misleading answers to questions re: claims, my policy. My Q: what laws could they potentially be violating with this tactic?

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. In terms of the codes you mention, the billing companies for the medical providers that treated you input those. You should be able to see those line-by-line on your bills, which you could request copies of from... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: went to the er in June 2022 and was diagnosed with dehydration and arthritis I went for problems urinating and hip pain

I went back to work and everything was getting worse I was drinking lots of fluids and urinating started again but my hip and leg kept getting worse I went back and they told me I had osteonecrosis and would have to have a hip replacement after I got copies of both my ct scan results in June it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

A Missouri attorney could advise best, but your post remains open for five weeks. Making a determination of this situation would require a medical opinion. It sounds like you are asserting a theory of failure-to-diagnose, based on your contention that you suffered damages from your osteonecrosis... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Missouri on
Q: Do I have a case for unlawful termination and can I sue ?

I was allowed to start working at a nursing home before the pre employment background check was conducted.2 months later, I was terminated because the background check showed an arrest for kidnapping and burglary, to which I am not guilty of,but no conviction. The case is still pending in court and... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2022

Missouri is an employment-at-will state. With limited exceptions, an employer may terminate an employee at will and doesn’t need to be fair.

1 Answer | Asked in Health Care Law and Workers' Compensation for Missouri on
Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that... View More

Tim Rose
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answered on Jan 19, 2022

This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

1 Answer | Asked in Health Care Law for Missouri on
Q: I need an external fixation removed from ankle and I refuse pcr test and they refused surgery. Is this legal?

They installed it so I would think they have to remove it

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 7, 2021

I’m not aware of any law that would prohibit a health care provider from refusing to do a surgery on someone who refuses a PCR test.

What specific statute do you believe is being violated?

Perhaps you can find another surgeon who isn’t concerned about the risk of COVID-19 transmission?

1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
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answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I'm trying to file a malpractice suit and i dont know where to start
Tim Akpinar
Tim Akpinar
answered on Mar 28, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. Given the basic format of this question and answer board, it could be difficult for an attorney to meaningfully advise you. You could reach out to med mal law firms in your area. Most firms that handle such cases offer... View More

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