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Washington Health Care Law Questions & Answers
0 Answers | Asked in Consumer Law, Personal Injury, Health Care Law and Medical Malpractice for Washington on
Q: Can a Dr be liable for putting in mesh over mesh knowing it has failed n a recall on the mesh?

I had to have surgery because of a hernia, due to a failed mesh. At the time it was performed by labor and industry Dr. They did not remove the failed mesh, they reattached it and put another over it. Was that done knowing the bad mesh had recalls and not care because it was under labor and... View More

0 Answers | Asked in Civil Rights, Education Law and Health Care Law for Washington on
Q: Is saying ‘teacher XZ went home with a fever’ to a parent at a childcare center considered a HIPAA violation?

I had to explain to parents why the regular teacher was not present at school, and said they had to leave due to a fever. My director said we can’t disclose symptoms under HIPAA. I didn’t disclose any medical information that I would obtain from a health care provider or medical records. My... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Washington on
Q: Whats the best defense for a disciplinary hearing & what are my legal rights as a disabled unionized healthcare worker?

i have a scheduled disciplinary hearing scheduled at work. I am a HCA (Home Care Aide) or healthcare professional. I have fraudulent/contradictory allegations made towards me including rear-ending someone in an auto collision, buying a client alcohol & having a relative drive us home due to my... View More

James L. Arrasmith
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answered on Oct 19, 2024

First, carefully review all the allegations against you and gather any evidence that supports your side, such as emails, messages, or witness statements. Document the events in detail, including dates, times, and any relevant interactions. Collect any evidence that can refute the fraudulent claims,... View More

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Medical Malpractice for Washington on
Q: Can I file a lawsuit for recalled implants if I became ill due to having them in?

The company was Meghan, and after putting them in I started to get joint pain, spinal arthritis, fatigue severe migraine. I lost my job, home, and became disabled. Five doctors wrote letters asking my insurance to remove them and this was finally agreed to after two years. They will not do a lift.

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

A Washington attorney could advise best, in terms of state-specific issues, but your question remains open for a week. I'm sorry for your ordeal. At this point, your best option could be to research what the current lawsuit situation is with McGhan implants. There have been lawsuits in the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: i think my privacy rights have been violated by Columbia River Mental Health, they helped me get housed.

i dont believe i signed a disclosure for them to discuss my addiction status with my potential landlord, I know that her and I said we didn't know why it would be important for them to know that information just to rent to me. all I know is that my second month rent wasn't paid and I got... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're dealing with a sensitive and frustrating situation regarding your privacy and housing. Let's break down the legal aspects of your question:

1. Privacy rights and health information:

Your health information, including addiction status, is protected under...
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1 Answer | Asked in Contracts, Civil Rights and Health Care Law for Washington on
Q: I received my files from therapy. There are somebody else info fixed in with mine. Also things I didnt say in mine.

The name of the persons info is attached to my files with some personal info also included.

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A Washington attorney could advise best, but your question remains open for a week. Technically, it could be a privacy violation. For practical purposes, many people just destroy the out-of-place pages. An errant sheet from a report gets accidentally left in a copier or scanner in a medical office,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Washington on
Q: Can firefighters disclose who made wellness check report?

Washington State. Called for a wellness check on 91 year old diabetic grandma who was left alone for over 3 hours under the care of her drug addict son (who we opened an adult protective services case against.) The firefighters not only told him who made the wellness check call, but had me on the... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about this difficult and concerning situation. Based on the information you provided, it seems the firefighters may have mishandled the situation by disclosing who made the wellness check report to the person being reported. This goes against typical protocols to protect the... View More

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Health Care Law for Washington on
Q: Seeking advice on how to handle medical negligence for my daughter towards a hospital in Tacoma.
Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

A Washington attorney could advise best, but your question remains open for two weeks. At this point, you could repost your question and include the category "Medical Malpractice." Some questions do go unanswered, but the additional category should give you better chances of a response.... View More

1 Answer | Asked in Health Care Law and Immigration Law for Washington on
Q: I’ll be in Washington state for 6 mnths on a visitor visa. Can I sign up for health care coverage via the state exchan
T. Augustus Claus
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answered on Dec 28, 2023

As a visitor to Washington state on a temporary visa, you may not be eligible to enroll in health care coverage through the state exchange. Typically, eligibility for health care coverage through state exchanges is determined by factors such as residency and citizenship status.

If...
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1 Answer | Asked in Constitutional Law, Health Care Law and Civil Rights for Washington on
Q: I had my medical license in CA put on probation after three weird encounters with corrupt and dumb police. I had

already left CA terrified and moved to NM. There, severe sleep apnea and hypoxia was missed until I was so disabled I didn't even think to get help to get on disability. Eventually a social worker got me help and I was given federal disability. I asked the CA medical board to change my... View More

James L. Arrasmith
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answered on Oct 26, 2023

The situation you described raises concerns about potential violations of your rights. If you believe that your rights under the Americans with Disabilities Act or other relevant laws were violated, you may have grounds to pursue a complaint or lawsuit.

It's crucial to gather all...
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1 Answer | Asked in Criminal Law, Health Care Law and Business Law for Washington on
Q: I'm looking to hire an attorney to get legal advice, but I have trouble figuring out which specialty I need.

I would like to start a business somewhat related to healthcare. I don't have any type of medical license, and I want to make sure that I won't be accused of practicing medicine without a license. I'm looking for an attorney with whom to share my plan in detail, and who could help me... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2023

A Washington attorney could advise best, but your question remains open for two weeks. Your points are valid. A health care attorney could be a starting point. A business formation attorney might also be able to offer guidance as to options available in forming a business. Good luck

1 Answer | Asked in Health Care Law and Employment Law for Washington on
Q: Can my partner's work penalize him for going to my prenatal appointments?

My partner has been writing down the days of my appointments in which he will either need to leave work early or arrive just a little bit late. His employers told him that it needs to be written down when they are, however they are trying to punish him for attending the appointments.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

A Washington attorney could advise best, but your question remains open for four weeks. The question may have gone unnoticed under the Health Care Law heading - it's something that an employment law attorney would have insight into. Some questions go unanswered, but you could try reposting... View More

1 Answer | Asked in Personal Injury, Health Care Law and Car Accidents for Washington on
Q: Does a Proof of Representation or a Consent to Release allow an insurance adjuster access to all of my medical records?

I am in the middle of negotiating a settlement amount with the at fault drivers insurance company and they have sent me a Proof Of Representation and a Consent to Release form saying I have to fill out both in order to receive my settlement check. I am a Medicare recipient but have kept my... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Washington attorney could advise best, as it's possible some claim forms might be state-specific. In terms of release of medical records, a HIPAA form is generally used. Such forms generally provide for selection of the scope of medical information to be released (range of dates of service,... View More

1 Answer | Asked in Personal Injury, Car Accidents and Health Care Law for Washington on
Q: Why is someone listed as working at one law firm and can't be found on the website of a firm who I originally spoke to??

Firm A had recently contacted me about representing me for my injury case. I have done research on both firm A itself as well as the named attorneys B, C, D, & E who make up Firm A. About a week or so ago, I was suddenly contacted by a new attorney, F, who was familiar with my specific case,... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Washington attorney could advise best, but your question remains open for three weeks. There are a couple of possibilities. Attorneys regularly join and leave law firms. Sometimes firm websites might not reflect staffing changes quickly. Also, some law firms have relationships with "of... View More

2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Christopher Kirk Steuart
Christopher Kirk Steuart
answered on Feb 28, 2023

Based on the limited set of facts provided in your question it is difficult to determine how serious or dangerous the situation you are describing is. This is an issue of what are your responsibility to the organization, patients, and the broader community. With knowing more, I would say the first... View More

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1 Answer | Asked in Health Care Law and Insurance Bad Faith for Washington on
Q: How do you sue a health insurance company that is regulated by the CCIIO?

My partner has been denied coverage for a severe neck issue because her symptoms do not meet the criteria for medical necessity.

Her doctor, however, believes that she does met that criteria.

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2022

A Washington attorney could advise best, but your question remains open for a week, and it appears that your partner is in need of medical attention. Only a local attorney could advise on civil procedure aspects of suing insurance carriers in terms of the question you pose. But some general... View More

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Health Care Law for Washington on
Q: My boyfriend was recently diagnosed w/covid-19 & needed medical attention. Can the ER deny treatment cuz they didnt have

I believe we were kicked out of the emergency room because I was defending his right to wait inside instead of outside on the cold bench

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2021

A Washington attorney could advise best, but your question remains open for three weeks. Something may have gotten cut off in your post and it isn't fully clear what happened. If there was some kind of incident that led to you being ejected from the ER or the waiting room, you could reach out... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Washington on
Q: Hospital didn’t take percationary measures to prevent DVTs while completely immobile for 3 weeks unde there care.

I was hospitalized for about a month completely confined to my bed unable to move from my bed to even go to the bathroom From a serious life threatening infection in the joint in my hip... already known to have and at very high risk for blood clots, they did not take any precautionary measures to... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2021

A Washington attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Unfortunately, it is difficult for an attorney to offer meaningful input here - your situation calls for a medical opinion. As a starting point, you could reach out to med mal... View More

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