California Health Care Law Questions & Answers

Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire

3 Answers | Asked in Personal Injury, Appeals / Appellate Law and Health Care Law for California on
Answered on Jun 21, 2018
Dale S. Gribow's answer
with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.

not sure how that could cause back pain.

if you had fallen walking and broke something it might be a case to pursue.

i hope you and the baby are fine.
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Q: Can assisted living facility in California refuse cameras in private quarters because employees do not want it.

2 Answers | Asked in Consumer Law, Elder Law and Health Care Law for California on
Answered on May 27, 2018
Sally Bergman's answer
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
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Q: Can you define what the IRS looks for with regard to a doctor's certification of chronic illness

1 Answer | Asked in Tax Law and Health Care Law for California on
Answered on Apr 20, 2018
Frank Huerta Jr's answer
I would suggest you ask the doctor to modify the notes or write a specific note regarding the need for supervised care. It is unlikely the IRS will want to examine patient medical records. In most cases, correspondence from the treating Physician will suffice.

Q: My room mate went to the hospital suddenly do to a massive heart attack and ended up needing immediate heart surgery.

2 Answers | Asked in Health Care Law and Criminal Law for California on
Answered on Apr 4, 2018
Louis George Fazzi's answer
You can start by going back to that hospital to their billing department and correct the record there. Make sure that you provide them accurate information concerning you and your own family, and tell them at the other person was only a roommate and is not a relative. I don’t know what kind of impression you made on the person who signed your roommate up, but you have to be careful to make sure that you are not related to the roommate who needed the heart surgery.

Q: Can I sue a primary care doctor for wrong diagnosis and for sending me to ER (and wasting my money) instead of MRI?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Mar 12, 2018
Kevin Christopher Murphy's answer
Maybe. More facts are needed but if you actually had a wrong diagnosis and the physician breached the standard of care, within the applicable statute of limitations, you may have a legal claim. I suggest you call a medical malpractice attorney in your local jurisdiction for a Free Consultation to fully explore your rights, responsibilities and obligations. Good luck and sorry to hear about your troubles!

Q: Minimum standard of care was the cause of fathers death, according to medical records. Can I present facts without att?

3 Answers | Asked in Health Care Law, Medical Malpractice, Personal Injury and Wrongful Death for California on
Answered on Feb 27, 2018
Gerald Barry Dorfman's answer
You would be incredibly foolish to try to bring this case yourself. Consult medical malpractice attorneys. Provide them with the medical records. These types of cases require expert opinions regarding the standard of care and causality. Do not try to do this yourself.

Q: Can the state of California call my employer in New Jersey and threaten them to force me to purchase Aetna.

1 Answer | Asked in Child Support and Health Care Law for California on
Answered on Feb 20, 2018
Dale S. Gribow's answer
This scenario clearly needs more info.

it sounds like you blew it time wise and then are taking it upon yourself to rule out a specific company.

you need someone to go over ALL the facts to get to the bottom of this...........but if there was a court order this case is far along.

Q: I have been dealing with a dislocated jaw for 2 years. Pain everyday. Can't work. Now insurance is not approving MRI.

2 Answers | Asked in Personal Injury and Health Care Law for California on
Answered on Feb 15, 2018
Manuel Alzamora Juarez's answer
TALK TO A PERSONAL INJURY LAWYER. THE CONSULTATION IS FREE. BEST OF LUCK!!!

Q: Is it too late to do something else about it?

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Answered on Feb 12, 2018
William John Light's answer
Contact the Dept. of Health and file a complaint.

https://ehservices.publichealth.lacounty.gov/servlet/guest?service=0&formId=4&saveAction=5

Contact the Board of Cosmetology and file a complaint. http://www.barbercosmo.ca.gov/enforcement/complaint.shtml

Impetigo is a bacterial infection. If you got it at a beauty salon, there should be other customers who were infected there, too. These government board investigations might be able to locate the others, which would...

Q: Is it illegal to give my brother viagra without his knowledge as a prank?

1 Answer | Asked in Criminal Law and Health Care Law for California on
Answered on Feb 9, 2018
Dale S. Gribow's answer
yes illegal, do NOT DO IT

you do not know how it will adversely affect him

Q: Arrested and was denied my medication for legitimate documental illness. Illegal?

1 Answer | Asked in Criminal Law and Health Care Law for California on
Answered on Jan 30, 2018
Dale S. Gribow's answer
IT SHOULD NOT HAPPEN, BUT HAPPENS ALL THE TIME

Q: How can I add my domestic partner to my work health insurance if she dosent have a social security number

1 Answer | Asked in Immigration Law and Health Care Law for California on
Answered on Jan 26, 2018
James Geoffrey Beirne's answer
If you marry, then you can file a spousal petition for an immediate relative. Your partner will get work authorization and a social security number very quickly.

Q: Does the DMV have the right to collect information on my medications and dosages for diabetes?

1 Answer | Asked in Civil Rights and Health Care Law for California on
Answered on Jan 10, 2018
Louis George Fazzi's answer
The consequences could include the loss of your driving privileges. Any medical condition which could impact your ability to safely operate a motor vehicle is of relevance to the DMV, particularly at license renewal time. If you were to go into a diabetic seizure, coma or some other, similar event while driving, you would obviously be a danger to yourself and others on the road. The DMV have the ability to inquire about possible medical conditions affecting the ability to safely operate motor...

Q: If my injury has not been properly diagnosed by a workers comp physician, being the Injury happened February 26, 2017

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for California on
Answered on Jan 8, 2018
Nancy J. Wallace's answer
Just because you 'a doctor' on the Medical Provider Network does not mean you receive standard medical treatment... most docs on the MPN look at a patient and provide no treatment whatsoever. That is how they remain on the MPN. You get zero for mental distress and chronic pain, you get treatment only now for psychiatric injuries, so in most cases it's a huge invasion of privacy for two visits with a psychologist, just not worth it. TIME BETTER SPENT would be thoroughly researching the...

Q: If my father is under the care of his brother who is not using his disability check correctly

1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Answered on Jan 4, 2018
Priscilla Ann Madrid's answer
If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an attorney in your area to determine whether this is a viable option. You can find out more about conservatorships on your local superior court website. Many courts offer conservatorship workshops for...

Q: Does a doctor have to show you their degree if you ask them to?

1 Answer | Asked in Education Law, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Answered on Dec 18, 2017
William John Light's answer
You can verify licensure with the State of California:

http://www.mbc.ca.gov/Breeze/License_Verification.aspx

http://www.ombc.ca.gov/consumers/license_ver.shtml

http://www2.dca.ca.gov/pls/wllpub/wllqryna$lcev2.startup?p_qte_code=DC&p_qte_pgm_code=8500

To answer your question, no, the doctor doesn't have to show you his degree. Further, a degree only means that the doctor graduated from medical school. It doesn't mean that s/he has a license from the state to...

Q: I'd like to know if CBD is considered illegal by the federal government,then why can they have a Patent on it?

1 Answer | Asked in Federal Crimes, Gov & Administrative Law, Health Care Law and Patents for California on
Answered on Nov 28, 2017
Karima Gulick's answer
Even if fully compliant with California law, Cannabis and CBD is still a Schedule I drug under the Federal Controlled Substances Act.

It really depends on which product you are trying to patent. If it's a cannabis related substance, chances are you won't get any patent on the product. If it's a smoking device on the other side, there might be ways to highlight the features of the smoking device which are unrelated to CBDs.

As always, please read the disclaimers on the site.

Q: If the attorney has changed does the medical provider have to get a new lien with the updated attorney's signature?

1 Answer | Asked in Personal Injury and Health Care Law for California on
Answered on Nov 14, 2017
Dale S. Gribow's answer
to be safe i always advise doctors to get a new lien...........thus locking in the new lawyer.

when case settles if the attorney has not signed lien and the client ORDERS him not to pay the lawyer is in a difficult position and i suspect would not pay........as would be the case if it happened to me.

a lawyer has to follow a client's orders.

Q: Bro did'nt answer docs calls over 6 months. Dad is elder under bro's care. Dad diagnosed with cancer. Is it neglect?

2 Answers | Asked in Criminal Law, Family Law, Elder Law and Health Care Law for California on
Answered on Nov 11, 2017
Sally Bergman's answer
Your brother's failures certainly do sound like neglect and likely should be reported to Adult Protective Services. That said, there are a lot of questions that would need to be answered. Was the elder not able to receive any of the messages? Did the doctor ever send a letter? I would think that under these circumstances, there should have been more effort than 5 messages over a period of six months. Also, if the physician knew the patient wasn't able to personally respond and that your...

Q: Leased Apartment in CA. Coack roach from day 1, landlord offered another apt but same can happen there, want to be out

2 Answers | Asked in Consumer Law, Health Care Law and Landlord - Tenant for California on
Answered on Oct 30, 2017
Salim U. Shaikh's answer
As you have already entered into a lease agreement and shifted to your selected appt. that of course may have visited by you earlier, terminating lease or immediate move out might consume your time.

I suggest, take advantage of relocation offer to another appt. Prior to shifting, visit and make a thorough check whether that appt is having similar problem or not. If that looks better shift there to avoid unnecessary hassle.

As you will shift to another appt. you might have to...

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