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Oregon Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: is it medical malpractice to prescribe medication for something i dont prior to getting test results?
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. It looks like a word may have been left out of your post. If you meant, " ...prescribe medication for something I don't [NEED or WANT] prior to... ," it's possible that it could be med mal. You... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Public Benefits for Oregon on
Q: My disabled son's governmentally assigned insurance company is not covering doctor prescribed medicine -- without cause.

My son has many diagnoses. In his case notes it is documented that he can only take ODT tablets. He does not have the ability to swallow medication. But, these types of pharmaceuticals cost more. The government assigned insurance companies (out of the blue) deny him coverage (often) "JUST... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. Your frustration is understandable, given the clear medical necessity for ODTs.

To answer your question, you could find a lawyer through independent searches, the "Find a Lawyer" tab above, and...
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1 Answer | Asked in Civil Rights, Health Care Law and Social Security for Oregon on
Q: wait 4 vague "a need for medical records" is not effective& is there an actual specified list/ Statements for SSI review

Where please is the master checklist, in an easy to understand groceries list style format, of specific subjects, notes, and questions, on what i need to do to prepare for reinstatement of SSI mental health, not ssdi? this is after a long period of being away/not applicable although not from having... View More

James L. Arrasmith
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answered on May 12, 2024

I can provide some general guidance on how to prepare for the reinstatement of your SSI benefits due to mental health conditions.

1. Gather medical records: Collect all relevant medical records from your healthcare providers, including diagnoses, treatment plans, and any hospitalizations...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oregon on
Q: Does a patient have to disclose any medical information to the school they attend?
James L. Arrasmith
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answered on Jan 16, 2024

No, a student typically does not have to disclose any medical or health information to their school under most circumstances. A few key details here:

• Schools cannot require disclosure of medical info or require physical exams except in very limited cases (e.g. verification of...
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1 Answer | Asked in Health Care Law for Oregon on
Q: Hi, can I sue a plasma donation center for lying to me about my protein level and deferring me? I have proof
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. One of the issues that would arise in such a suit would be the extent of damages you suffered. Good luck

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Health Care Law for Oregon on
Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.

Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for... View More

1 Answer | Asked in Contracts, Personal Injury and Health Care Law for Oregon on
Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract

Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.

How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More

Jason T. Kandah
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answered on Sep 19, 2023

This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.

A.

Different states vary regarding the issue of signing waivers. Oregon...
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1 Answer | Asked in Criminal Law and Health Care Law for Oregon on
Q: Hello my son in jail Ontario Oregon is 12 months , he has schizophrenia.He receives treatment, but health becomes Worse

How can I release my son ahead of schedule . I know that by law he should not be in prison More than 180 days, please tell me what to do.

T. Augustus Claus
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answered on Jul 18, 2023

When it comes to early release from prison, there are various factors to consider, including the specific circumstances of your son's case, the laws and regulations in Oregon, and his eligibility for any potential programs or alternatives to incarceration.

Now, you mentioned that by...
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1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More

1 Answer | Asked in Family Law, Health Care Law and Medical Malpractice for Oregon on
Q: Can i sue for malpractice if the contraceptive we used was administered wrong or failed? the Nexplanon was inserted wro

the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my... View More

Virgil Royer
Virgil Royer
answered on Aug 5, 2022

You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about... View More

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: Doctor I saw after my surgery lost my files and pics from my surgeon. Didn’t contact me prior, didn’t save in system.

I brought them in organized in a folder. When I tried inquiring about it, they kept saying they would look for them and call me back. They didn’t call back and lied and said I didn’t leave a voicemail when I have record of the call. They mentioned early on if they needed to reprint some of the... View More

Virgil Royer
Virgil Royer
answered on Aug 4, 2021

Very sorry for your experience. It is not a good feeling to have your records destroyed by those you expect to protect them. Is there a way to obtain these records again? You said that you brought in an organized folder, so I assume that you had copies obtained from another healthcare provider? If... View More

1 Answer | Asked in Personal Injury, Elder Law, Gov & Administrative Law and Health Care Law for Oregon on
Q: Can an HOA in Oregon refuse to install a mailbox at the residence of a disabled elderly person?

All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... View More

Theressa Hollis
Theressa Hollis
answered on Jun 27, 2021

I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950

Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Oregon on
Q: Is what my boss doing legal? Do they have to pay me for caring for two people at once?

I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... View More

1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... View More

Theressa Hollis
Theressa Hollis
answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... View More

1 Answer | Asked in Contracts, Business Law, Health Care Law and Medical Malpractice for Oregon on
Q: What are my legal rights if a failed dental implant is redone by another dentist or oral surgeon?

A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2020

An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or... View More

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: New Seasons Market in Oregon has a mask 'requirement' for employees. Is this legal? Can we object and not lose our jobs?

The science clearly shows many health concerns rebreathing expired air and I feel strongly about staying healthy. I've been employed for almost 9 years and love my job with New Seasons but this new policy crosses the line. How can we reach a compromise? Thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 20, 2020

Yes, they can require it, just as they can require you to wear clothing, or if you had a job removing asbestos they can require you to wear full-on respirators.

1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on
Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... View More

Greg Freeze
Greg Freeze
answered on Mar 5, 2019

I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.

ORS...
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