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Ohio Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Ohio on
Q: 2 hospital gave me no diagnosis which resulted in termination of pregnancy. Do I have a case?

I went to 2 different hospitals..emergency room visits and physician visits. I had severe morning sickness which the medical term for is hypermesis gravidarum. Of all the people I saw I was only told to drink water and eat ginger even after telling them I couldn't keep anything down including... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: Can I sue a Dr for telling me I'm a burden and that I have too many issues?

I went to my Dr to get med refills and hoping for lab work due to not feeling well,long story short. My Dr got upset cause I hadn't seen him in a while and after he went through meds to refill I was telling him of issues at hand I was having and he rudely stopped me from what I was saying to... Read more »

Andrew Popp
Andrew Popp answered on Oct 6, 2021

"Can I sue a Dr for telling me I'm a burden and that I have too many issues?" - No, that does not support a lawsuit.

You can sit down with a medical malpractice attorney to review his care and treatment and see if he was negligent. If you failed to abide by his orders and...
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1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: My husband has Stage 4 prostate cancer, and we have several credit cards. We can’t afford to pay them.

Avoid bankruptcy - many medical expenses - Would you know what would happen if we just wrote a letter explaining our situation?

Andrew Popp
Andrew Popp answered on Oct 4, 2021

You may not be able to avoid bankruptcy, that's what it's there for. You can contact the credit card companies to see if they would be willing to work with you. Otherwise, a debt consolidation service may also be of assistance.

Best of luck.

1 Answer | Asked in Health Care Law for Ohio on
Q: My biopsy was canceled because the hospital didn't have the right equipment there. Do i have grounds to file a lawsuit

I was checked in and taken back to the pre-op area.i had changed clothes and in the bed when i was taken to another area of the hospital and informed that my surgery was canceled because they did not have the right equipment there.

Andrew Popp
Andrew Popp answered on Sep 10, 2021

I do not see an actionable claim based upon these facts. If you were harmed or charged for this you may have some minimal recourse, but it sounds like the hospital did the right thing overall. Maybe if you traveled a long way and incurred significant costs, the hospital should reimburse you if... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on
Q: I got arrested in Puerto Rico on vacation and I don’t remember anything awls I know is I woke up in the hospital bed

I Was never told I was being charged with anything or in trouble

Andrew Popp
Andrew Popp answered on Jul 26, 2021

No question is asked here. If you have a general legal question feel free to post. For a definitive answer about your particular situation and advise on options available to you, a full consultation with an attorney would be needed.

Best of luck.

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: My wife and I are currently helping her ex mother in law with caring for her house hold duties. Can we get traspassed

She is in a assisted living home. We have never caused any trouble or had the police called for doing anything wrong. We are there maybe 3 days a weeks for 2 hours that’s it. How can the property manager do this. She’s scared of the landlord and the landlord is a female. The landlord comes... Read more »

Andrew Popp
Andrew Popp answered on Mar 24, 2021

The short answer is probably yes. You may be able to contest the grounds for the trespass with the parent company who owns the nursing home, however. Ultimately, it may be better to move your ex-mother-in-law to another facility. For a more detailed answer I recommend sitting down with an... Read more »

3 Answers | Asked in Estate Planning and Health Care Law for Ohio on
Q: Will durable powers of attorney for Missouri be honored in Ohio?
Mark Martin Turner
Mark Martin Turner answered on Jan 22, 2021

As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri... Read more »

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1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: How to become spouses power of attorney

Spouse in Nursing home due to stroke

Moshe Toron Esq
Moshe Toron Esq answered on Oct 23, 2020

If she is able to sign her name and is aware of what she is doing, then she can sign a power of attorney form that grants you power of attorney.

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Health Care Law and Juvenile Law for Ohio on
Q: I'm 17 and have an eating disorder. Can I legally refuse treatment? If not, can I refuse when I turn 18?

My parents have threatened to get a guardianship if I relapse again. Can I refuse treatment at 17 if I'm in a guardianship? What if I'm 18 and in a guardianship?

Joseph Jaap
Joseph Jaap answered on Jun 24, 2020

Parents make decisions for a minor, including medical treatments. They decisions can be enforced by a court. At age 18, if the court appoints a guardian, then the guardian makes those decisions, and the court can enforce them. If you overcome the disorder through successful treatment programs to... Read more »

1 Answer | Asked in Employment Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Ohio on
Q: My employer changed health insurance companies and my old therapist is not covered. I have a bill for 3 months of visits

I’m in Ohio and my employer changed insurance companies effective the first of this year. Neither I nor my therapist realized that this change made her out of network as many of her patients have the same employer as I and I found her through my old insurance which was provided by the same... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

Your employer will not be liable to pay or waive the expense. It is your responsibility to ensure that your health care providers are covered under your employer's insurance plan. You can ask if your therapist or your insurance company is willing to work with you on payments.

1 Answer | Asked in Health Care Law for Ohio on
Q: During the stay home in Ohio if you're out and a cop stops you can they tell you you cannot go home

I feel that they shouldn't be allowed to stop you from returning home

Anthony C. Satariano
Anthony C. Satariano answered on Mar 24, 2020

Holding you and preventing you from continuing on your way or returning home would require the officer to either detain or arrest you. They cannot simply deny your right to return home without legal justification that is sufficient to trump your constitutional rights.

Although the...
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1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
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1 Answer | Asked in Health Care Law for Ohio on
Q: If one gets a medical POA, outside of a will. Different person then in the will. Does it supersede the will? In Ohio

Persons named in will have no interest in the person who named them over 10 years ago. He, the person, has said numerous times he doesn’t want them to have any control. Now he’s sick and we, his friends, who have been there for him are trying to help him and stop them from taking advantage of... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 6, 2020

The person you are describing appears to have a few options based on the facts you have provided.

First, if the person executed a new healthcare POA now naming an individual, it would supersede prior documents naming a different person as the POA.

Second, the person can always...
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1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: What can be done about my hospital bill now? Should I respond to the debt collector to have them validate the debt?

I gave birth to my son on 7/30/19 at 9:46pm. My husband and I have a high deductible insurance policy and expected to pay a large portion out of pocket, but we didn't expect to pay for stuff that never happened. The hospital strongly encourages NOT sending babies to the nursery. I kept my son... Read more »

Daniel Myers
Daniel Myers answered on Feb 5, 2020

It is illegal for a hospital to charge for items that were not approved or authorized by you, to charge fees for services and rooms never provided, and some of the other conduct you described could also be illegal. You potentially have some claims under the Consumer Sales Practices Act in Ohio, if... Read more »

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: Admitted to hospital for follow-up on stent placement. While there, hip became dislocated.

Staff notified of pain and inability to walk, provided some comfort care and proceeded with discharge, giving 5 pain pills. Could not walk when leaving. Saw chiropractor next day who put hip back in place. Is this action by the hospital within the normal standards of care?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

I'm sorry for your ordeal and that your question remains open for four weeks. At this point, consult with an Ohio med mal attorney. They could request the records and investigate the matter in further detail. They generally work on a contingency basis and most provide free initial consults.... Read more »

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on
Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on
Q: I want to know if something is medically eithical or right or malpractice

I’ve been seeing a doctor for at least 12 years due to back, neck, hips, knee pain. I’ve had major back surgery in 2009....rod plus screws. I’ve had my thumb fused. This doctor put me on 3 neurontin a day when I first saw him, and 4 Vicodin’s a day also. Eventually the neurontin went up to... Read more »

Mr.  Eugene Ray Critchett Esq
Mr. Eugene Ray Critchett Esq answered on Apr 12, 2019

If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.

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