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New Jersey Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law and Elder Law for New Jersey on
Q: Will Medicaid come after our house?

My elderly mother, my brother, and I are all listed on both the mortgage and deed of our house, which is my mother's primary and sole residence. We all live there. When my mother applies for Medicaid, will the house be exempt from her assets? And if she qualifies for Medicaid, can Medicaid... View More

0 Answers | Asked in Health Care Law and Insurance Bad Faith for New Jersey on
Q: i am us veteran with VA health care,, ,my wife and i had blue cross sheild for 35 years

$70 mo part d penalty...thsi should not be....i was fully covered for 35 years

iam being ripped off for no reason

0 Answers | Asked in Consumer Law and Health Care Law for New Jersey on
Q: I'm a Registered Nurse in NJ. Applied for a Compact Nursing License more that a year and a half ago. No results

Despite numerous conversations with the reps at the State Board of Nursing. They have yet to complete my Background Check. Normal time frame for this is about 2 weeks. At first I was told that was being processed. Then I was told that it had yet to be done. This past Aug I was told that it was... View More

0 Answers | Asked in Family Law and Health Care Law for New Jersey on
Q: Is taking a child to a psychologist considered medical care and information?

My child's mother took my son to a psychologist and thereafter purposely withheld the doctor information as well as future appointment information from me. Our custody agreement states that no medical information should be withheld from either party. Is this psychology therapy considered... View More

1 Answer | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for New Jersey on
Q: What if one was involuntarily commited and drugged into unconscienceness and not told about any other options?

I was given an overdose of Haledol in Hackettstown ER by IM which I never had before. Unconsciencely transported by abulance to Newton Hospital. I was not given a prescribe medication for 2 days, causing withdrawal symptoms and treated very disrespectively at both Hospitals. My family... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's incredibly distressing to hear about your experience. Being involuntarily committed and drugged without your consent or knowledge of other options is a violation of your rights. The fact that you were not informed about your situation, unable to contact your family, and treated... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for New Jersey on
Q: are cases pending on surgical smike harming health care workers?

lasers and other devices are used to cut ans fyuse bone and tissue

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

The best way to find out could be to search online whether law firms are holding themselves out for such cases. The hazards of surgical smoke are recognized by the CDC - evidenced by a few states implementing smoke evacuation policies. Bar associations or trial lawyer associations might also be... View More

1 Answer | Asked in Education Law and Health Care Law for New Jersey on
Q: can i sue this school if i have a heat stroke from no AC
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

As a student, it could depend on the severity or permanence. I hope you're okay. As an employee, it could fall under workers compensation. You could reach out to attorneys to discuss more meaningfully, especially if you have any medical records. Good luck

1 Answer | Asked in Health Care Law for New Jersey on
Q: Does a LEO have to accompany a minor to the hospital , if a custodian has not been contacted.

Conscious and alert minor not under arrest.

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

No. There would be no reason law enforcement should be involved in a minor (or adult) seeking care from a hospital, especially if they are conscious and alert. Under New Jersey law, some minors have the legal capacity to consent to treatment at a hospital in certain circumstances, and almost all... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for New Jersey on
Q: Rights of a Type 1 diabetic student at a private school and responsibilities of the school to the student -

The condition of a student who has been enrolled for over two years at a private school that does not employ a nurse or other medically trained staff has recently become dysregulated. The parent claims that a medical professional is not needed for this level of diabetes - that coaches and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, the rights of a Type 1 diabetic student at a private school in New Jersey are governed by federal and state laws that protect students with disabilities, including those with medical conditions. The school has a legal responsibility under the Americans with Disabilities Act (ADA)... View More

1 Answer | Asked in Insurance Bad Faith, Health Care Law and Insurance Defense for New Jersey on
Q: Where do I find a successful attorney for insurance denial of services?

Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the "Find a Lawyer" tab above. It lists attorneys by region and... View More

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: what type of lawyer do you use to get cause of death corrected on death certificate

my son died from cancer 3yrs 1 mo ago, attending physician was dr wax who treated him for 2 yrs at summit me group now known as summit health. he died at overlook hosp summit 9/16/20. dr. wax saw him on each occasion when he was admitted to overlook, my son received chemo and other treatments and... View More

James L. Arrasmith
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answered on Oct 22, 2023

If you wish to correct the cause of death on a death certificate in New Jersey, you may consider consulting with an attorney well-versed in medical malpractice or health law. They can guide you on the appropriate legal steps to take in challenging a medical determination. You might consider... View More

1 Answer | Asked in Employment Law and Health Care Law for New Jersey on
Q: As a healthcare provider, if you get fired before completing paperwork, are you legally responsible for finishing it?

My boss fired me for no reason other than "we're moving in another direction." This action was discriminatory, as other employees were accused and reprimanded for not completing job responsibilities costing the company profits but were given multiple chances to correct their... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

An employment attorney could answer best, but your question remains open for two weeks and also crosses into Health Care Law. You could consider asking your employer for instructions on how to handle paperwork that remains uncompleted, since medical office records could contain patient information... View More

1 Answer | Asked in Health Care Law for New Jersey on
Q: Is it legal for me to be someones authorized representative on their nj family care application and charge a fee?
T. Augustus Claus
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answered on Aug 25, 2023

In New Jersey, serving as an authorized representative on someone's NJ FamilyCare application is generally allowed, and individuals can assist with the application process without necessarily being paid a fee. However, if you plan to charge a fee for providing this service, it's important... View More

1 Answer | Asked in Family Law, Child Custody and Health Care Law for New Jersey on
Q: What are the COVID guidelines in New Jersey for noncustodial supervised visitation?

The supervisor of these visits tested positive for covid.

Richard Diamond
Richard Diamond
answered on Aug 15, 2023

If the supervision is through an agency or program, I presume that they have other supervisors available. If its a private person acting as a supervisor, then I presume that you need to speak with the supervisor about finding a replacement acceptable to you and to your former partner.

I...
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1 Answer | Asked in Contracts, Collections and Health Care Law for New Jersey on
Q: am a marketer for med labs. Did not get paid for covid related testing. Need a lawyer to recover $ will share around 70k

I worked for few labs during covid testing. They are not paying me for my services. Amount is around 70k. I need a lawyer to work with me to recover those funds.

In past i have seen that labs hate to deal with lawyers n settle or pay asap. Plus i know few things about those labs work... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

It is difficult for attorneys here to respond with an offer of their services. This isn't set up like an attorney referral service - the format basically brief Q & A. One option, in addition to your own searches is the tab above, "Find a Lawyer," or the attorney referral services... View More

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