I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More 
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More
Hello
How long do hospitals hold on to your records for? Are all the records and paperwork in your patient portal? All of them? Even mistakes they may of made?
Thank you
answered on Mar 7, 2024
It could depend on the facility, types of records, age of patient, HIPAA or state guidelines - but many entities go by six years in New York. Here's a link address for Section 405.10 of the N.Y. Codes, Rules, and Regulations for medical records -... View More
answered on Feb 24, 2024
You could purchase a book from a number of sources or hire a company to do the research for you, or both.
Jack
I wanna practice cranial therapy, I know that to do body work a license is required, and Massage therapy schooling is costly and long, I am wondering if any other kind of license to do body work will allow me to legally practice cranial therapy?
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answered on Feb 23, 2024
In many jurisdictions, practicing cranial therapy typically requires specific licensure or certification beyond just being a licensed laser technician. While requirements may vary depending on where you are located, cranial therapy often falls under the umbrella of bodywork or massage therapy,... View More
after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More
answered on Feb 26, 2024
I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More
answered on Feb 10, 2024
An attorney who works with health care matters should be able to handle HIPAA claims - you chose the correct category. You also chose Identity Theft as a category. If this resulted in identity theft related to information from your medical records, check your financial statements from banks and... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
. Can the State come after my money or assets? Like using common law or anything crazy?
answered on Feb 18, 2024
I'm sorry your question remains open for five weeks. One option might be to repost under Divorce, Family Law, and Public Benefits. Although your situation is obviously not a divorce, attorneys who practice in those areas would probably have the most insight about financial rights and duties... View More
I was assaulted and taken to the ER
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answered on Dec 21, 2023
If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More
Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child
answered on Nov 27, 2023
No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More
I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More
answered on Nov 26, 2023
Dear Manhattan Tenant
Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More
My girlfriend was admitted to the hospital with a very serious condition and she’s constantly complaining of pain which is very normal but doctors yesterday told me that they find it very strange and therefor won’t allow anyone from visiting her !
She needs me to be there for her and... View More
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answered on Nov 23, 2023
In New York, hospitals generally have policies regarding visitation, especially in cases involving serious medical conditions. These policies aim to ensure patient safety and proper care. However, a hospital's refusal to allow visitation can be concerning, particularly when a patient is unable... View More
I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.
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answered on Nov 17, 2023
If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More
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answered on Oct 20, 2023
In New York, a doctor's office generally has the right to withdraw a patient from care if the patient consistently goes against medical advice or engages in behavior that may jeopardize their health. However, there are ethical and legal considerations, and the doctor's decision should be... View More
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck
My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More
answered on Aug 14, 2023
In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More
Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.
answered on Jul 28, 2023
Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More
I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... View More
answered on Jun 2, 2023
Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... View More
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