Lawyers, Answer Questions  & Get Points Log In
Oregon Health Care Law Questions & Answers
0 Answers | Asked in Education Law, Criminal Law and Health Care Law for Oregon on
Q: I am 18, can my school counselor release information about me against my will to my parents?

My school scans the google documents we have for key words, in one of my documents I wrote about suicide. (Also is this a privacy violation?)

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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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 You can also hire an experienced estate planning attorney who will give you referrals to... Read 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... Read 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... Read 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... Read 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.

Read more »

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I've been paying my work for healthcare. found out last week I haven't been covered since May. do I get a refund?

I worked for my company and then left, on good terms, for a new job. my company offered me a raise to come back so I did. part of the arrangement was that I wouldn't loose and of my health or vision insurance as I was only gone for 3 days. I called my insurance last week for questions about a... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 14, 2018

This would be an unlawful deduction, and you would be entitled to the refund and then some. Of course, if they are saying they still had to pay the insurance company, and let's say they did, then your employer is likely off the hook, but the health insurer has some explaining to do if they... Read more »

1 Answer | Asked in Small Claims and Health Care Law for Oregon on
Q: My wife is on my insurance through work, and we are both being sued for her medical bills. It's that legal?

They have only ever contacted me, even when I told them that those were her bills and not mine. I'm obviously going to pay them, but can they really call me every day while I'm at work and sue me for my wife's bills?

Gregory L Abbott
Gregory L Abbott
answered on Feb 12, 2018

Spouses are generally legally liable for necessary medical bills even if they did not sign the agreement at the doctor's office. So yes, it is likely that they can come after you for payment. Calling you at work everyday is a different matter. Depending upon the exact details, that may or... Read more »

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Oregon on
Q: Seeking info on filing for POA/Guardianship of severely mentally handicapped/I'll brother, ODOC inmate

I have a severely mentally handicapped, as well as, severely mentally ill brother who is deaf and a current inmate of ODOC. Last year, a habeas corpus lawsuit was filed against DOC for cruel & unusual punishment. As of right now, a court hearing/trial date for this lawsuit is awaiting a set... Read more »

Joanne Reisman
Joanne Reisman
answered on Aug 11, 2017

You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at... Read more »

3 Answers | Asked in Personal Injury and Health Care Law for Oregon on
Q: I am part of a mesh lawsuit for organ prolapse

I will receive a settlement for the physical damages done to my body thus far. Anything further that occurs to my body physically in the future is too bad. I have chosen to not have a revision surgery at this time. The pain I feel is tolerable. However, I know that I face more issues,... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 5, 2017

If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.

View More Answers

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Oregon on
Q: Why is it that only a child can inherit a house, not a grandchild who has kept grandparent out of nursing home 2 years?

I have been caregiving for my grandmother for 2 years this July and have thus kept her out of a nursing home. Even when we reach the two year mark she can't transfer the house to me just because of the technicality that I am a granddaughter and not a son or daughter. Her only living child has... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2017

Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do... Read more »

1 Answer | Asked in Real Estate Law and Health Care Law for Oregon on
Q: My sister and I jointly own the house in which we both live. Can doctors and hospitals put liens on the house for bills?

She has a medical problem which may become expensive and is not fully insured. Is my equity (and hers) vulnerable, even if they wait until the sale of the house?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to... Read more »

2 Answers | Asked in Personal Injury, Child Custody, Health Care Law and Medical Malpractice for Oregon on
Q: Can A ED Doctor Treat A Minor Without Consent Of Minor Or Parent?

I Was Taken To The Hospital By Police For Suicidal Thoughts My Parents Where Never Contacted And I Never Consented To Treatment But Was Not Allowed To Leave. Is That Legal?

Joanne Reisman
Joanne Reisman
answered on Dec 11, 2016

Not my area of specialty but I believe there is legal grounds for a temporary hold (24 hours or 72 hours or something like that) if the police suspect that the person could harm themselves or others. So yeah, it's legal. As for contacting or not contacting your parents, I am not sure what... Read more »

View More Answers

1 Answer | Asked in Health Care Law for Oregon on
Q: what practice area covers mentally ill persons and their inability to maintain their own care?

My sister is declining rapidly

Jeremy R. James
Jeremy R. James
answered on Jul 24, 2015

I am sorry to hear about your sister's situation. It sounds like you or someone else in the family should consult with an attorney who handles guardianships. That attorney may recommend petitioning a court to appoint you or another qualified individual as your sister's guardian.... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.