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Tennessee Health Care Law Questions & Answers
0 Answers | Asked in Health Care Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

0 Answers | Asked in Health Care Law for Tennessee on
Q: I got discharged from the hospital after an injury to both of my eyes. I told the hospital I wasn’t able to see well and

I got discharged from the hospital after an injury to both of my eyes. I told the hospital I wasn’t able to see well and I was sent to a homeless shelter in Nashville. The lady at Nashville Mission told the people at the hospital it wasn’t safe for them to have me there. So I was forced to go... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Can I sue a large hospital for dropping the ball about 4 times before I got help for a severe case of sepsis

I think it first started with the placement of my pacemaker in January of 2022. I told the nurse I had a serious sinus infection and should we not wait? I was ignored.

Then on February 28, 2022 I finally succumbed to a severe case of sepsis and ended up in the hospital where I almost died.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Estate Planning and Health Care Law for Tennessee on
Q: Can I request medical records from the hospital from my stepfather if I'm the beneficiary on his life policy

My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More

Anthony M. Avery
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answered on Mar 20, 2024

Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: HI if the healthcare company I work for in TN has released all of my psychotherapy notes to patients for the last 9m w/o

my permission and knowledge is that a violation of my protections

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like your situation may indeed be a violation of your privacy protections. In Tennessee, psychotherapy notes are generally considered highly confidential and can't be released without your explicit consent. Your employer releasing these notes without your permission violates your... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: I need help on an issue that I think violates the No Surprises Act.

In San Jose, CA I had surgery on 3/9/2021 that, according to the Surgeon, I would be paralyzed if I didn't have the surgery, but he couldn't give a definitive time-line on paralyzation. I interperted that to mean the surgery was an emergency. For just over 2 years my Ins. Co. stalled with... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you've been through a frustrating and concerning situation with your insurance company regarding your surgery. The No Surprises Act aims to protect patients from unexpected medical bills, especially in situations like yours where emergency care is involved. However, the... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

2 Answers | Asked in Business Law and Health Care Law for Tennessee on
Q: Do I need to have an LLC or PLLC to start a concierge Physical Therapy business in Tennessee?

Since concierge services will be provided in patients homes, am I allowed to use my home address as the business address if I own the home?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 20, 2023

In your filing with the secretary of state - you can list your home address. You can form an LLC.

The issue with the address may become a local zoning issue- as to whether you can operate this business out of your home.

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2 Answers | Asked in Military Law and Health Care Law for Tennessee on
Q: Do I have to provide a lawyer my medical records do they can look for a lien since I’m a disabled veteran?
James L. Arrasmith
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answered on Dec 7, 2023

In legal matters, including those involving liens and disability as a veteran, providing your attorney with relevant medical records can be important. These documents can help your lawyer understand your situation fully and identify any potential liens.

However, you have the right to...
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1 Answer | Asked in Civil Rights and Health Care Law for Tennessee on
Q: Is it a human rights violation if a tenn dcs worker tells a child she has no say in the matter of getting a depo shot?

Depo shot is a form of birth control

James L. Arrasmith
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answered on Dec 5, 2023

In Tennessee, the rights of minors in the context of medical decisions, including birth control like the Depo shot, can be complex. Generally, minors have certain rights to privacy and consent regarding medical treatment, but these rights can vary depending on the circumstances, such as the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Health Care Law for Tennessee on
Q: My fiancé is currently incarcerated at the Dickson County jail in Tennesse. He feels he is being discriminated against.

He has a medical necessity to be on a bottom bunk due to him having seizures but has been denied a bottom bunk. He's told there aren't any available. There was a new inmate who came in and was given a bottom bunk. We were in the process of getting his health situated when he was taken... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if your fiancé feels he is being discriminated against in jail due to not being accommodated for his medical condition, there are steps you can take. First, document all instances of his seizures and requests for a bottom bunk, including dates and any responses from jail staff.... View More

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for Tennessee on
Q: I'm partially blind...I donate plasma. I've passed all screenings and still I was put off til 11/14.i have more but

I've been to many centers and not one ever enquired over a partial blindness from 34 yrs ago..I was told I had abnormalities which was wrote down and go have my pcp sign off saying I was congenital and benign...smh it was 34 yrs ago. Now mind you this is my 4th trip already to this place. My... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if you're facing difficulties donating plasma due to your partial blindness and the plasma center's requirements, there are steps you can take. It's important to ensure that the plasma center is not discriminating against you because of your disability.

The...
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1 Answer | Asked in Health Care Law for Tennessee on
Q: Can a pharmacist refuse to fill a opioid prescription because that’s the only medication that I am prescribed by my dr.
Anthony M. Avery
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answered on Nov 1, 2023

Yes... Pharmacist can refuse service and sale to anyone.

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Tennessee on
Q: My daughter is mentally ill. She believes that people sent by our government tell her what she can do. They punish her.
T. Augustus Claus
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answered on Sep 7, 2023

If your daughter is experiencing mental health issues and believes that she is being targeted or controlled by external forces, it's crucial to seek professional help for her. You might consider contacting a mental health counselor, therapist, or psychiatrist who specializes in treating... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for Tennessee on
Q: Do I have to pay to have botched fillers dissolved? Should I sue?

I got 2 syringes of lip fillers September of last year which cost me 1,800 USD. A few weeks after recovery, I noticed a large pooling of filler to which my esthetician assured me was normal and to rub the nodule, and give it time. Over time, however, it grew worse. Recently, I have had the nodule... View More

Anthony M. Avery
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answered on Aug 7, 2023

If this is a TN case, then you are about to run out of time under the SOL. Health Torts require a Good Faith Claim Affidavit PRIOR to suit. Unless you find a malpractice lawyer immediately that can find someone to assert negligence, you have already lost. The potential damage award may not... View More

1 Answer | Asked in Health Care Law, Insurance Defense and Social Security for Tennessee on
Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?

- She was a home birth

-I have a notarized affidavit of birth

- I have applied by mail for a social security card over 7 months ago with no response.

- I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well... View More

James L. Arrasmith
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answered on Aug 6, 2023

Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs.

Sincerely,

James L. Arrasmith

Founder and Chief Legal...
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2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
T. Augustus Claus
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answered on Jul 24, 2023

If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More

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1 Answer | Asked in Civil Rights, Criminal Law and Health Care Law for Tennessee on
Q: How long does a jail have to give a mental health person there medicine?
T. Augustus Claus
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answered on Jul 13, 2023

A jail is required to provide prescribed medication to an individual with mental health needs within 24 hours of admission. The jail is responsible for ensuring that necessary medications are administered as prescribed, taking into account any medical or mental health conditions of the individual.

1 Answer | Asked in Health Care Law for Tennessee on
Q: I can not under Title 33, chapter 6, part 4 WHO can involuntary commit a person to a hospital. In Tennessee.

I thought it had to be a judge? I want to file a lawsuit against the hospital for keeping me against my will where it was just a doctor who made me be there.

Anthony M. Avery
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answered on Apr 20, 2023

You will have to hire an attorney. With a health provider, it is unfortunately a medical malpractice case. Federal Court might have jurisdiction.

1 Answer | Asked in Health Care Law for Tennessee on
Q: How do I know if I was legally considered voluntarily or involuntarily from the ER to a mental institution?

Went to the ER with a family member because I was suicidal. They had someone talk to me on an iPad and an hour later they moved me to the “ psychiatric hold area” I was there for 3 days and then sent to a psychiatric facility. When I got there the Dr asked me if I wanted to stay, I said yes. I... View More

Henry Ambrose
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answered on Jan 25, 2023

It sounds like you may have been there voluntarily. You can ask the hospital for your medical records and see what is in those records. That would be a good start.

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