Get free answers to your Health Care Law legal questions from lawyers in your area.
My boyfriend's sister was just found dead in a hospital stairwell. Police report states that she attempted to be admitted into the hospital but she was unable to give hospital staff her name or information and so they denied her care, she died within hours of being denied care.
answered on May 8, 2023
A patient is typically required to provide insurance and payment information before seeing a doctor. But, under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA), an emergency department must treat or stabilize anyone who has an emergency regardless of their insurance... View More 
I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023
It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... View More
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More
He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.
answered on Apr 18, 2023
You have two issues.
First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.
You can have your brother removed as... View More
I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.
It is important to note that the SSA considers a... View More
I'm in Texas, I was at hospital voluntarily, stepped out to smoke a cig earlier, and was going to come right back like the first time, but a nurse came up from behind me and put me in a choke hold.
answered on Apr 12, 2023
A Texas attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys in Texas to try to set up a free initial consult. Such free consults are the norm with injury cases nationwide. Any attorney reviewing the incident would want more detail - if a... View More
Why is Texas SB 680 listed as a bill and insurance code chapter 1369 is not listed as a bill? They are both talking about prescription coverage and health insurance. Does one trump the other? I’m a nurse and use SB680 all the time when an insurance company denies a patients medication, so I... View More
answered on Mar 31, 2023
Before a law is passed, it is a bill. A bill can be introduced either in the House or the Senate. A bill does not have the force of law until it is passed.
In the last session of the Texas legislature two years ago, SB 680 was introduced to amend certain parts of chapter 1369 of the Texas... View More
I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... View More
answered on Mar 15, 2023
You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state
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.... View More
answered on Jan 27, 2023
Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:
Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the... View More
While a patient in the emergency room at a hospital in Amarillo, TX I had a grand-mal seizure. While having the seizure a security guard for the hospital was trying to hold me down to a bed and I have been told that I had bit him and ran from the hospital. Well 4 months later I got stopped on the... View More
answered on Dec 6, 2022
If you successfully defend the third degree felony assault case, you might be able to sue the complainant—whether that’s the security guard or the hospital—for malicious prosecution.
This is a very difficult type of lawsuit to prove, so be prepared to pay a hefty fee to any attorney... View More
Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?
answered on Dec 7, 2022
There is no single answer to your question.
HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.
Elderly disabled abuse is... View More
My husband's mother is 85 years old with dementia, she fell and had to have surgery she is in Neuro ICU right now. My husband's sister has the Medical POA and she refuses to give us the code to call the nurses station to get updates on his mother!! The medical staff will not speak with... View More
answered on Dec 7, 2022
It sounds like there is no abuse and the medical POA is working exactly the way it is intended to.
Your mother-in-law chose your husband’s sister to be the person to receive her medical information and to make health care decisions on her behalf. You have no business calling the nurses... View More
answered on Dec 7, 2022
It’s great you discovered the mix-up before any harm was done. Return the other patient’s paperwork to the hospital and let them know so they can get the right information into your medical records.
Only accept payment using app
No credit card payment or human service at the gate
Only very simple instruction of payment at the gate and not very eye-catching
No payment instruction anywhere in the hospital, like inside elevator or entrance of building.
No payment... View More
answered on Nov 22, 2022
Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.
I don’t see how it discriminates.
I got told this in front of my girlfriend before a doctor proceeded to check my prostate. I found this very upsetting and unpleasant.
answered on Nov 21, 2022
IMO it is unprofessional, albeit not illegal. We men have to endure dozens of prostate exams in our lifetimes as part of our annual
physical exams. And we don’t find them fun. The doctor’s misguided attempt at levity could easily be misconstrued by a patient and probably ought to be... View More
I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... View More
answered on Sep 15, 2022
It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... View More
It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.
answered on Sep 19, 2022
If you filed a lawsuit, I would use the discovery process to find out.
answered on Sep 6, 2022
In the absence of an agreement, a child is not personally responsible for a parent's debt. In the absence of the acknowledgment of the validity of a debt, the statute of limitations to collect a debt in Texas is four years.
They gave me the wrong antibiotics twice
answered on Jun 23, 2022
A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for attorneys to offer guidance here. There wasn't a question, but it looks like you're wondering about your legal rights. That would call for a medical opinion. You could reach out to... View More
Filed 3/18/22 in Montgomery County. Texas. He is removing me from insurance, I am a double transplant survivor and cannot be without health insurance. He says come June 1st I will no longer have health insurance and will not add me unless ordered by the courts. No lawyer, I am not able to work due... View More
answered on Jun 1, 2022
You need to have your family let you borrow money so you can retain a lawyer,
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.
