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Utah Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights and Health Care Law for Utah on
Q: What does it take get daughter in the state hospital??

My daughter has schizoaffective,, depression ,, PTSD,, anxiety and anxiety.. She has tried to commit suicide approximate 13 times.. Had to call police for pushing me down because knew she was on meth and went to find it.. So she got mad,, did find it after cops arrived.. She’s done program after... View More

James L. Arrasmith
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answered on Jun 3, 2024

I'm truly sorry to hear about the struggles your daughter is facing. It sounds like she urgently needs help and a stable environment to address her mental health issues. To get her admitted to a state hospital, you might need to pursue an involuntary commitment, which often requires... View More

1 Answer | Asked in Elder Law and Health Care Law for Utah on
Q: Is it legal to yell and belittle a resident/patient of a care facility? Can a employee of a care center search a friend

Tell them of a situation that happened?

Wesley Winsor
Wesley Winsor
answered on Apr 10, 2024

In Utah, it is illegal and unethical to yell at or belittle residents in care facilities. State regulations, specifically under the Utah Administrative Code R432-150-12, protect residents from mental and physical abuse. Such actions can be reported to the facility management, the Utah Department of... View More

1 Answer | Asked in Health Care Law for Utah on
Q: I need back surgery. My quality of life is nonexistent. Due to concerns about my heart. I'm being refused surgery.

I've had a heart transplant, due to a viral infection. I can not return to work, until I can stand and walk. Spinal decompression surgery is absolutely needed. Why is my informed consent for surgery, being disregarded and I am forced to remain in pain and in a state of depression with feelings... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Utah attorney could advise best, but your question remains open for four weeks. This may be a medical decision more than a legal one. You could discuss with other medical providers for their opinions. A healthcare attorney might also be able to assist in identifying and analyzing options. Good... View More

1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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1 Answer | Asked in Health Care Law for Utah on
Q: Does your insurance pay if you're referred from a Dr or is it special thing that insurance won't go through the Dr?

If you get referred to a dental surgeon for wisdom teeth because they are wrapped around nerves or veins, would insurance pay for it?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Insurance practices are generally governed by state law. But in general nationwide, it can be a matter of demonstrating to the carrier the need for the referral based on "medical necessity." It sounds like... View More

1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Utah on
Q: My HIPPA was grossly violated by 2 clinics. One in Utah and one in Chicago.

I filed this with the Federal Government. My husband is a physician & I work in healthcare as well . Because of that, I am having a hard time finding an attorney that doesn’t do malpractice and HIPPA violations. Does anyone know who I can talk to about this? This is a very serious HIPPA... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2021

I'm not sure what you mean by your HIPAA being violated but the short answer to your question is that in their wisdom Congress in enacting HIPAA did not provide any remedy for a violation, other than potential injunctive or declaratory relief which means no money therefore no attorney would... View More

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... View More

Kenneth Prigmore
Kenneth Prigmore
answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Utah on
Q: I was in a severe rollover accident where a passenger in my car died and I had to be extricated. The EMS at the scene

did not assess me at all at the site of the crash despite having a obvious head injury, forced me to stand up immediately after being trapped upside down in the vehicle with major intrusion into the cab from the roof, used the backboard that they had with them to cover a barbed wire fence so that I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2020

A Utah attorney who is familiar with standard operating procedures and protocols followed by first responders in such situations could advise best, but your post remains open for two weeks. To make a meaningful assessment, an attorney would likely need to know the EMS crew's account of events.... View More

1 Answer | Asked in Child Custody and Health Care Law for Utah on
Q: Does my step daughter have to change her name to receive health insurance benefits?
Lane Wood
Lane Wood
answered on Oct 2, 2020

This sounds highly suspect. Husbands and wives with different last names can share an insurance policy. Parents often insure step children with different last names. Parents can insure their children who change their last name in marriage (assuming the other requirements are met). I know these do... View More

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Health Care Law for Utah on
Q: Can I record a teleheatlth appointment?

Alright, might sound like a weird situation but here we go. I recorded a family therapy session on my phone. It only has the audio. I have epilepsy and part of that is memory problems. So, I recorded the session so I could make a transcript of the session to read over and understand better and... View More

Mike Branum
Mike Branum
answered on Aug 2, 2020

This is an example of why you do not take legal advice from therapists. This is an extremely complex question and I would need more information to provide the best answer but based on what you have described, I would not be concerned. Even if the recording is technically illegal, which is not... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Utah on
Q: my wife was injured under the care of state hospital what can i do?

My wife is has a civil commitment under the care of the Utah State Hospital has been assaulted three times by the same patient and now today i learned the on of the hospital staff has broken her ribs and they are doing nothing to treat her. What should i do to remove her from the situation

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2019

I'm sorry for your heartbreaking situation. Your question remains open for four weeks and you don't need anyone to tell you to contact a Utah attorney to discuss this dire situation. I can't speak for public facilities in Utah, but please be aware that as a general rule in many... View More

1 Answer | Asked in Criminal Law and Health Care Law for Utah on
Q: HIPAA law broken judge forcing me go to only office in town 4 treatment. Can this stand? Why have HIPAA if so?

2 different people have this happen and judge said not to bother him with this info... that an order to show cause will be placed if not up to participate with this treatment center

Aric M. Cramer
Aric M. Cramer
answered on Jun 5, 2017

I don't quite understand your question. Please give me some details a s what you have posted is not clear.

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Utah on
Q: How can I care for my sister?

My dad is an over the road driver and my sister wants to live with me rather than stay with his wife. Our parents are divorced and both parents are ok with this but neither live in the state. He is the custodial parent.I also don't have money for a layer due to just having a baby.

Clinton R. Brimhall
Clinton R. Brimhall
answered on Aug 26, 2016

With your parents on board with this, I'm not sure I understand the difficulty you are facing.

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