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South Carolina Health Care Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021


Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

1 Answer | Asked in Health Care Law for South Carolina on
Q: How long does the doctor have to release your records to you after written authorization has been given
William Thomas Geddings Jr
William Thomas Geddings Jr answered on Mar 31, 2021

The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time.... Read more »

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... Read more »

1 Answer | Asked in Health Care Law for South Carolina on
Q: what legal issues are there to create animated characters that look like real doctors for educational cartoons?

We are a doctors office and want to do education videos to display on TV in lobby. We have one doctor that says they will sue. It will be a caricature of the providers speaking and giving short statements. How did creators of South Park and Lil Bush do this?

Tim Akpinar
Tim Akpinar answered on Sep 26, 2019

This might be something that an attorney who works with intellectual property matters would know best; it seems more closely related to that area than Health Care Law as a category. Good luck

Tim Akpinar

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: your primary Dr knew for 3 years that you had Chronic kidney disease, and never treated or told you .

You found out during a routine colonoscopy. After which you question your doctor about CKD3. Asked if you should see a nephrologist, and they said no; because you don’t have it.

Then you got your Gastrologist to refer you to a nephrologist...and they confirmed In fact that you do have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

A lot depends on if it would have made a difference. Contact attorney Carl Jacobson in Charleson. He gives free consults. Tell him I suggested you call.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: Do we have a case?

My dad went to the hospital for his edema because it caused him to miss work. While at the hospital, they only focused on his high blood pressure and high heart rate, and once it was under control they sent him home with a mild diuretic that didn't help(he still had a lot of fluid on his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.

1 Answer | Asked in Health Care Law and Estate Planning for South Carolina on
Q: If your spouse is still alive but appointed his kid for medical power of attorney does that kick in after the spouse has

Died or is the child the poa from that point on?

Inna Fershteyn
Inna Fershteyn answered on Jul 7, 2017

Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.

Inna Fershteyn


1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Q: Is a chiropractor legally allowed to be a medical sponsor for micropimentation(permanent makeup)services?

Does the chiropractor have to be present while the service is being performed?

Peter N. Munsing
Peter N. Munsing answered on Oct 17, 2016

Depends on the states licensing, and if it is determined to be a medical procedure. Sounds like the person would be better off getting any such process from a dermatologist who is an MD.

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: Can I sue someone if my wife has cancer

My wife is only 40 and has a very large cancer tumor on her vocal cord she's a smoker. We don't know if it's spread yet

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2016

You should consult Ron Motley's firm--give them my name. They can best advise you.

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Q: Can your medical provider not write down your questions or concern leaving you no account from your injury
Adam Studnicki
Adam Studnicki answered on Feb 16, 2016

Different doctors take notes differently. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
Read more »

1 Answer | Asked in Health Care Law for South Carolina on
Q: Can I sue for this situation

The hospital dropped a tube of my blood not even asking if it was missing I found it when they were discharging me, can I?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 9, 2015

I doubt it. But go see an attorney who handles medical malpractice suits.

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