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Virginia Health Care Law Questions & Answers
1 Answer | Asked in Civil Rights, Family Law and Health Care Law for Virginia on
Q: Is my past mental health evaluation protected by HIPAA PRIVACY RULE or civil rights ; taken without permission and used

After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 20, 2022

It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Virginia on
Q: I just had heart surgery and my employer of 15 years seems to be trying to find a way to fire me. Should I lawyer up?

My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Virginia on
Q: See below.

My partner and I have moved back to the Charlottesville area to provider assist with his grandmothers care. It is the hope of my partner and his family that his grandmother can qualify for Medicaid, once she has Medicaid, she can be moved into an assisted living facility paid for by Medicaid. The... Read more »

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 4, 2022

You are asking a very complex question on a short answer forum and mis-understand some of Medicaid rules. Aunt may or may not be wrong - there are several ways this can be handled.

You need an Elder Law Attorney to advise you, and Charlottesville has several very good ones who are...
Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Personal Injury and Car Accidents for Virginia on
Q: Can I ask My health insurance for a settlement amount?

I was injured in a car accident a couple years ago, and I was awarded a very small amount which wouldn't cover the full medical cost.I no longer have an attorney but I was told by an attorney, although he wouldn't represent me, that I could ask the health insurance if they had a minimal I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

Your case is on appeal and you have collateral issues/questions-----you do not mention whether or not you have an attorney. If you do not have one, then I think you need to hire an attorney, or at least pay an attorney for a 1hour consultation and ask him the questions you have. If you do have an... Read more »

1 Answer | Asked in Personal Injury, Collections and Health Care Law for Virginia on
Q: Should I take the lower settlement?

I was awarded for a car accident but I appealed because it was lower than what I'd asked. I have no attorney and no help to represent Myself. I am wondering if I can still take the judges award? Can I contact the defendants attorney and ask to settle? And if I do that does My health insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. It is somewhat difficult to address your questions without knowing more about the case - the forum, the terms of the award, the terms of your attorney retainer, whether your attorney asserted a lien, terms of... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: What can I do for a family member that is incarcerated and needs psychiatric care?
Bernard Crane
Bernard Crane
answered on Jul 19, 2021

Where is he in the process? Is he pretrial, presentence, or serving a sentence?

If he is being held pretrial or presentence, talk to his attorney right away. The attorney will know what resources are available locally to help, and how to get the Pretrial Services Agency or the jail to do...
Read more »

6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Workers' Compensation and Health Care Law for Virginia on
Q: My employer's insurance wants my entire medical record to file my back injury claim. Do I actually have to give that?

I am a healthcare worker who was exposed to an aggressive patient who caused a repetitive stress injury to my back over the course of my shift. I filed an incident report before clocking out and went to the doctor immediately, and due to timely intervention was back to baseline within a few days.... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2021

I'm sorry about your injury. An experienced workers' comp attorney should answer your question, but it remains open for five weeks. As a GENERAL doctrine of insurance law in virtually any setting, insurance carriers generally have the right to request prior medical/accident records that... Read more »

1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: Got injured at work, accepted and insurance settlement and paid initial bill. Received additional bills, what can I do?

I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Mar 12, 2020

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Virginia on
Q: Are there any lawyers with experience in the mental health laws is Virginia?
Tim Akpinar
Tim Akpinar
answered on Feb 16, 2019

One option is to check with the Virginia State Bar's Lawyer Referral Service.

Tim Akpinar

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... Read more »

Anthony M. Segura
Anthony M. Segura
answered on Dec 23, 2018

I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on... Read more »

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1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Q: Hello, If I were to have my criminal record expunged, would I be able to obtain a massage therapy license in Virginia?

I have 3 misdemeanor charges.

Daniel P Leavitt
Daniel P Leavitt
answered on Nov 7, 2018

If you were found guilty that's not technically eligible for an expungement in Virginia.

1 Answer | Asked in Civil Litigation, Health Care Law and Landlord - Tenant for Virginia on
Q: My case involves a home health care provider that refused to enter into an agreement with me days after i moved in.

After moving in she and the live in aide engaged in behavior that I considered unprofessional and inappropriate. Even though I paid rent she denied me certain comforts that was afforded to the other occupant of the home. She attempted to evict me but could not prove her case. She pretended to be... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 21, 2018

You should call the Office of Legal Aid for civil matters and ask if they can help you. Sorry that I do not handle this type of case.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Virginia on
Q: can I notorize the original birth certificate requested instead of sending the original birth certificate

the Institue where my son is an inmate is requesting his birth certificate they will not send the original one back

F. Paul Maloof
F. Paul Maloof
answered on Sep 14, 2017

I think you should ask the Institue

If they will accept a notarized affidavit that swears the copy is a true and accurate copy of the original. Attach the copy to the affidavit.

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

I would like to know if its legal in Virginia to have hidden cameras in the Emergency Room private exam rooms ? I know when you sign into the ER you have to consent to many forms. Not sure of this may include consenting to having your rights violated in a room you expect to have privacy in with... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Given the level of violence in ER's not likely it is a violation.

1 Answer | Asked in Civil Litigation, Consumer Law and Health Care Law for Virginia on
Q: I had my bank account garnished over a hospital bill now 2 months later my paycheck garnished over same hospital

This is in Richmond Va. what can I do they will not take payment arragments

F. Paul Maloof
F. Paul Maloof
answered on Jul 1, 2017

You have the right to file a homestead deed or you can file bankruptcy. You should consult a local attorney.

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

The hospital did not take reasonable care and we were notified there has been a serious breach of hippa and privacy rights. My concern is not knowing who has all these records and the employee took great measures to cover up the breach but it was discovered . Do we have a lawsuit ? I really hope... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.

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