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Arkansas Health Care Law Questions & Answers
1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Arkansas on
Q: Is it legal for my in network dentist to refuse to file charges for services on my insurance plan?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on the dentist's contract with the insurance carrier, whether they are a participating provider, and other possible conditions. If you signed an AOB (assignment of benefits), that would probably... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

James L. Arrasmith
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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Criminal Law and Health Care Law for Arkansas on
Q: are police supposed to stay with a person just arrested if they have to go to hospital before jail?

My stepfather suffered from a stroke in the police car after being arrested. it was from an adjoining county. After being placed in the car, our county waited on the county with the warrant at a local Dollar General. It would have taken at least 30 mins for the transporter to arrive. After... View More

James L. Arrasmith
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answered on Mar 25, 2024

When someone is arrested and requires hospitalization, police are typically required to ensure the person's safety and well-being, which often includes staying with or ensuring that the individual is securely handed over to medical staff. The exact protocols can vary based on local laws and... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Arkansas on
Q: Has any woman in the state of Arkansas sued a doctor for stealing her ovaries in her eggs?

if I have proof that my doctor stole my ovaries in my eggs, why can’t I find an attorney to help me sue him and why won’t I prosecuting attorney arrest him for a salt and battery and malice and trying and letting me try to bleed to death and having a stroke Why can I not get anybody to help me?... View More

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2024

An Arkansas attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. You ask why you can't find an attorney to take the matter? One reason could be that the law firms you approached felt that it could take considerable resources to prove, in terms... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Health Care Law and Landlord - Tenant for Arkansas on
Q: Can I sue my apt complex if they refuse to do anything about cigarrette smoke & dirty dog smells coming thru my vents?

I've had a problem with cigarrette smoke coming through my vents for weeks now and I've emailed my apartment manager detailing the evnts as they occur. When I first brought this issue to her attention, she denied that the cigarrette smoke was coming through the vents without stepping foot... View More

James L. Arrasmith
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answered on Sep 22, 2024

You might have grounds to take legal action if your apartment complex is not addressing the cigarette smoke and dog odor issues. Your health and ability to enjoy your home are important, and the management has a duty to ensure that the property is safe and habitable. If the smells are persistent... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Arkansas on
Q: i need to know if i have a case or not last year i had a baby and had to have a c section and a week after that i found

out i had a infection on my c section wound it was staph infection like from unclean tools that was used on me do i have a case

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option at this point could be to reach out to Arkansas attorneys to try to arrange a free initial consult. Most law firms that handle such cases offer them. You could search... View More

1 Answer | Asked in Family Law and Health Care Law for Arkansas on
Q: my sister put me in a home but my aunt is payee of my check but my aunt gives them my money does she have too
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. It could depend on the arrangements that were made. It's possible that some type of third-party arrangement had been made here, where others may have been placed in control of your health care decisions or... View More

2 Answers | Asked in Health Care Law and Medical Malpractice for Arkansas on
Q: Can I sue a doctor who did treatment my husband for cancer I feel my husband was done wrong
Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

Another doctor must review the records and determine if the doctor acted below the standard of care and if that malpractice led to the damages/harm.

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1 Answer | Asked in Civil Rights and Health Care Law for Arkansas on
Q: Why does Arkansas violate the intractable pain act of 2006? Can they be sued?

Arkansas is supposed to have a law to allow doctors to prescribe pain medication that actually works but they have been depriving patients of this medication and causing them to commit suicide or turn to dangerous street drugs so they don't have to suffer 24 hours a day. It will drive you to... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

The Intractable Pain Act provides a defense to licensed physicians for prescribing narcotics to certain patients with intractable pain. It provides a defense to criminal prosecution and does not create a civil cause of action, much less one against the state.

That does not REQUIRE a...
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1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: Can a private practice doctor refuse me if I offer to pay out of pocket since they don’t accept my insurance?

I went to a dermatologist today with an appointment that was previously booked. Upon arrival I gave them my insurance card and they stated that they did not accept my insurance. I offered to pay out-of-pocket since I really need to be looked at and they flat out refused and said that they would get... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you are able to arrange a consult with a local attorney to review the matter under state-specific insurance and health care regulations for Arkansas, the general rule nationwide is that doctors are free to... View More

1 Answer | Asked in Personal Injury, Health Care Law and Social Security for Arkansas on
Q: Hello I recently was kicked out of my sisters I retrieved everything but clothes and personal files from health records

Other then health records there is legal government and social security documents I’m being denied to is there something I can do to get those back it’s been a month since I been kicked out

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. You could consult with a local attorney about options, but in these types of settings, there's no telling what happens to such records. Your first inexpensive... View More

1 Answer | Asked in Health Care Law for Arkansas on
Q: Can Medicare deny jaw surgery as treatment for a genetic disorder? Specifically ectodermal dysplasia?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2022

An Arkansas attorney could advise best, but your post remains open for three weeks. Until you are able to consult with a local attorney, you could also check with your surgeon if they are able to offer narratives or notes supporting the medical necessity of the surgery. Good luck

2 Answers | Asked in Estate Planning and Health Care Law for Arkansas on
Q: If a power of attorney is only good for financials in my state what do I need for healthcare decisions?

I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 18, 2021

A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.

A "Health Care Directive" or "Living Will" is a narrower...
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1 Answer | Asked in Health Care Law for Arkansas on
Q: Why doesn't evergreen packaging pay hazard pay?
Tim Akpinar
Tim Akpinar
answered on Jul 10, 2020

Your question remains open for four weeks and might have been overlooked in the Health Care Law category. You could repost in the Employment Law category - if an employment law attorney was able to pick up your question, they would have the most insight into this issue. Good luck

Tim Akpinar

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Does IVF coverage have to be offered via health insurance from an employer in Arkansas?
Jarred Kibbey
Jarred Kibbey
answered on Feb 11, 2020

Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... View More

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

1 Answer | Asked in Family Law and Health Care Law for Arkansas on
Q: Hospital refuses to abide by court order. Police refuse to when I called to enforce. Patient a minor. What can I do?

It's a private psych. Hosp. That ex placed her in he's custodial parent that refuses me everything. Decree said "unfettered access to medical records. I called police and they made me leave.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 5, 2015

Your problem is that the hospital, since it is not a party to the divorce case, is not obligated to abide by the terms of the decree. Talk to an attorney about getting a subpoena issued requiring the hospital to disclose the records.

1 Answer | Asked in Health Care Law for Arkansas on
Q: Do i have a malpractice case or negligence? My 52 year old mother with a history of high bp on march 19, ,2015 went to h

Er pcp het bp was 200/180 he said she was at stroke level increased her dosage and sent her home with letting her know the higher dosage could drop it to low my dad found her dead the next morning on the porch her death certificate says heart attack . Shouldnt her docter sent her straight to er for... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

You need to go see a local medical malpractice attorney about this. That is the best thing you can do. The attorney will try to determine if there even is a case.

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