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North Carolina Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for North Carolina on
Q: My son was in the hospital on a dialysis for his kidney. His pressure map was 70 at 2 a.m & 4 a.m. The map was 39 now.

I feel the nurse was negligent for not giving him proper care. After his map dropped that low. the doctor couldn't do anything for him. He came home to pass away. He passed 5 days later. What can I do?

1 Answer | Asked in Health Care Law and Sexual Harassment for North Carolina on
Q: I was touched inappropriate by a nurse in Duke hospital. Is there anything I could do about it ?

I had a surgery on my spine upper back it’s no reason for this nurse finger to be sliding down then up the crack of my bottom

Tim Akpinar
Tim Akpinar
answered on May 26, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. You could try to arrange a free initial consultation with a law firm. However, it's likely that the two of you will have conflicting testimony. Good luck

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

James L. Arrasmith
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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for North Carolina on
Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital

My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection... View More

James L. Arrasmith
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answered on Jan 8, 2024

To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your... View More

3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: If newborn test results are another baby's test because times are wrong and dss takes your child

No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

This could be a case. If the proper, convincing evidence can be shown, it may be worth pursuing. Consult with experienced attorneys in the state where this occurred.

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1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: If I’ve paid 12 months of premiums to health insurance, can my district terminate it before those 12 months are up?

We only get paid 10 months of the year, so our premiums for the whole year come out over 10 months. I am changing districts and my HR terminated my Health insurance as of June 30 even though my resignation was July 30 and I paid my premiums for the whole year.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. But it could be difficult for any attorney to offer meaningful input without knowing the contract terms of the insurance policy. If you consult with a local attorney, they are likely going to want more... View More

2 Answers | Asked in Personal Injury, Products Liability, Education Law and Health Care Law for North Carolina on
Q: My dormitory at my college is infested with cockroaches, disgusting, and I have gotten sick many times this year. Help

Can I sue for this?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Many law firms would be reluctant to handle such an injury case on a contingency basis. Due to the costs of litigation, most firms seek out cases with more clear-cut damages. Good luck

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for North Carolina on
Q: Can I file malpractice or civil suit against hospital when they gave me a C-section without consent and after I said no?

I told them no, as did my husband. They breached patient autonomy and did not turn off the medication when I asked. I was badgered constantly from nurses and doctors. This happened in North Carolina.

Ronald V. Miller Jr.
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answered on Apr 4, 2023

If you believe that a hospital performed a medical procedure without your consent or against your wishes, you may have grounds for a medical malpractice lawsuit. I'd be very interested in what the medical records say about what happened.

In a medical malpractice case, you would...
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2 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: Is my obgyn in the wrong? I may lose my job.

Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.

As for...
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1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: I called out sick & my supervisor told everyone in the Teams chat my diagnosis w/o asking me then sent a text to apologi

Odd thing is a coworker was out sick previously and I knew why and she made sure to tell me not to say anything in the teams chat because it goes against policy so why was my issue told to everyone without my consent. I know she made a mistake when she texted my cell phone saying she was sorry for... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

An employer could violate the law by disclosing an employee's medical information without consent or justification. But the answer would depend on several factors, including the specific information that was disclosed. For example, there are laws related to privacy (generally), disabilities,... View More

1 Answer | Asked in Health Care Law for North Carolina on
Q: can my employer be held liable for a bad decison made by my employer paid health insurance?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. It could depend on the terms of coverage and your employer's role in your coverage. But as a general matter nationwide, employers do usually not get involved in insurance carrier's operations,... View More

Q: Husband picked up from store. do evaluation a year ago. He was found to not be harmful to himself or others. Supposed to

Have been sent back to sending district but instead sent somewhere else for another evaluation. His due process rights are being violated. He’s had covid and treated unfairly. beaten Been sent all over the place this last year. It’s been pure hell for him. We are married and have been together... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Contact the North Carolina Civil Liberties Union. Ask for the names of their "cooperating attorneys" on civil commitement issues. They give free consultations.

https://intake.acluofnc.org/

1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
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Ben Corcoran
answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

1 Answer | Asked in Child Custody and Health Care Law for North Carolina on
Q: Can I add a 19 year old onto my health insurance at work if I am not a parent, but have full legal custody of her?

She has lived with us since she was 4 months old and we have had custody of her since about 2 years old. We are the only parents that she has really. I am told that in NC she is considered a legal ward and at the age of 18 I can no longer carry her on my insurance. Is this true?

Angela L. Haas
Angela L. Haas
answered on Jan 17, 2021

You cannot carry her on your insurance unless she is your legal dependent. If you haven't been claiming her on your taxes as your dependent, I don't believe you can cover her. Check with your insurance agent to be sure.

1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Health Care Law for North Carolina on
Q: How do I exempt my newborn from vaccines in North Carolina?
Amanda Bowden Johnson
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answered on May 20, 2020

You can't. At least not legally, as you do not have the authority. However, North Carolina law provides two methods of exemption: 1) if a licensed doctor determines a particular vaccination will be detrimental to the health of the child (obviously this very rarely happens) or 2) if the... View More

1 Answer | Asked in Health Care Law and Personal Injury for North Carolina on
Q: Can I sue a hospital for abuse of patient family?

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Amanda Bowden Johnson
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answered on Apr 12, 2020

Telling you that you can not come in is not 'abuse' and if she is your girlfriend - you are not 'family'. Even if you were family - the hospital likely has a right to exclude you if they deem it prudent (especially now due to the virus situation). They very likely told you... View More

1 Answer | Asked in Child Support, Family Law and Health Care Law for North Carolina on
Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some... View More

Amanda Bowden Johnson
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answered on Mar 3, 2020

You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used... View More

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can I sue my oxygen company for their treatment of me which caused me to suffer health problems?

I have emphysema and my oxygen supplier company decided to switch me to another company and they worked with the other company and did not notify me of the switch until all was settled and then they notified me that the new company would come out the day they notified me and switch me from liquid... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2020

This could turn into a complex lawsuit, both for the relationships between the multiple parties and for the technical attributes of the equipment. You say you want to discuss it with a lawyer in Henderson or Durham. This isn't really a lawyer referral service here; it's only a Q & A... View More

1 Answer | Asked in Collections and Health Care Law for North Carolina on
Q: Can a Hospital give (sell) my debt to the Bank they have been sending my payments? Thank you.

They did this; if I want to continue paying the Hospital I have to pay twice as much more to cancel the debt by the end of this year. I am going to be 65 y/o in March. I have never missed a payment! Please advice! Thank you!

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

Unfortunately, such practices are not that uncommon in terms of selling debts to new entities. You say you are 65. If, as a retiree, you meet their financial guidelines, contact Legal Aid of North Carolina to ask them if they could help you. Good luck

Tim Akpinar

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