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Arizona Health Care Law Questions & Answers
1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... Read more »

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on
Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum
Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Legal Malpractice and Small Claims for Arizona on
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?

Although, the woman stood there coughing and her voice gone, and having trouble breathing. The Walmart tech and staff refused to help her and insisted the lady was going to use the albuterol machine mouth piece for drugs (Walmart has the mouth piece for the machine on their website for sale, the... Read more »

Gary Kollin
Gary Kollin answered on Feb 2, 2019

While not the best, the machine can be used with only the tube and not the mouthpiece.

1 Answer | Asked in Consumer Law, Products Liability and Health Care Law for Arizona on
Q: Does HIPPA compliance apply to email server used?

Do we need a certain email server? i.e., gmail, godaddy, office 365... which servers are supposed to be used?

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

Unlikely but check with your professional society.

1 Answer | Asked in Family Law, Health Care Law and Wrongful Death for Arizona on
Q: I'm trying to get a autopsy done for my aunt but hospital denied it .

My aunt was sent to the emergency because of breathing and she had an open wond that she's been going thru for years.. they said her lungs were good that she was able to go home but she was supposed to stay over night to get antibiotics.. so they had put her under observations and so I got a phone... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

Contact a member of the Arizona Trial Lawyers Assn who handles medical cases-they give free consults and take cases on a contingent fee.

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... Read more »

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1 Answer | Asked in Health Care Law for Arizona on
Q: If cremated can I still file wrongful death suit against hospital?

My husband was kept heavily sedated for 2 weeks to the point he was barely breathing They had to resuscitate him and then he was put on life support for a week

When he was taken off the LS he was different, he didn't make any sense in his conversations at all ..just talked crazy. His brain... Read more »

Adam Studnicki
Adam Studnicki answered on Mar 20, 2016

More information is needed to advise. You may not need the body. Talk to a medical malpractice lawyer. Feel free to reach out for a free consultation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is...
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1 Answer | Asked in Criminal Law, Health Care Law and Personal Injury for Arizona on
Q: I want to know if there is law that says person should seek medical attention for a person having seizures

My mother has history of seizure while detoxing - I call at first sight of seizure for help. My step dad waited last time until her 8th in a row and she had to be intubated and icu for days. Is he obligated by any law to call for help? What if she dies ? I live in Arizona

Adam Studnicki
Adam Studnicki answered on Feb 8, 2016

Usually a special relationship is required. Talk to a local injury lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: medical should be paid 75% by dad, due within 45 days. Can interest be charged if over a year before pmt in full?

Court paper work states 45 days to be reimbursed to me after pmt.The total due was $820.20 due to me. I attempted to set

up a payment plan with him and he totally ignored it and sent what he wanted. I made payment in full of this amount in four payments

starting 4/22/14 and final... Read more »

Jay Hall
Jay Hall answered on Jan 25, 2016

Not unless your order specifically allows it. Generally speaking, your only remedy is to file a contempt action against him when he willfully fails to comply with the order.

1 Answer | Asked in Health Care Law for Arizona on
Q: Is fee splitting for outpatient therapy substance abuse programs legal?

A sober living house getting a monthly fee paid to them from substance abuse outpatient therapy center for bringing their clients to the outpatient center. The stark law and anti kickback statute say it's only illegal if the clients are in federal/government healthcare programs such as Medicare or... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

There aren’t many lawyers answering health care law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information....
Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: If leaving AMA , can a facility refuse a normal discharge? See details from email I received below.

".....If she is taken out of treatment against medical advice then Rosewood is unable to assist in any discharge preparation including transitioning and setting up aftercare, sending records, providing a meal plan, providing prescriptions, etc."

Adam Studnicki
Adam Studnicki answered on Sep 17, 2015

Not enough information to answer. Talk to a local lawyer for advise regarding your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: If an individual appoints multiple medical powers of attorney, must they all agree on decisions? Who presides?
Brian Strickman
Brian Strickman answered on Jul 15, 2013

This is going to depend on how the multiple individuals are appointed. If they are appointed in a single power of attorney, and there is no direction as to whose decision will overrule the others then it will likely go to court. If there are conflicting documents appointing the power of attorney it... Read more »

1 Answer | Asked in Health Care Law for Arizona on
Q: Can a guardian of an adult give permission for forced psychiatric medication
Brian Strickman
Brian Strickman answered on Jun 25, 2013

In general yes, because under ARS 14-5312 a guardian of an incapacitated person has the same general authority that a parent would have over their unemancipated minor child. The guardian is required to act in their ward's best interest.

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