California Health Care Law Questions & Answers
Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?
I was in a car accident 4 weeks ago, the insured of the other car accepted liability. I have a Stanford Hospital bill of $15,574 and I was unaware that I had state health insurance that will cover emergency room visits. My health insurance provider name and group/member number was not listed... Read more »
It's hard to answer your question without more information but I can tell you that insurance companies do all they can to minimize how much they pay to people their clients (insured) injury with negligent driving. The health care provider will say that they haven't divulged any of your "medical"... Read more »
Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?
;
Really need an attorney to guide you in this, you do not want to be stuck with medical bills, this is not a small case.
under Third Party Liability you will have to pay back your medical insurance company.
do not trust the BI Rep to advocate for you, all the rep wants is for you to... Read more »
Q: Can a judge order health insurance to continue after divorce (on same plan)?
If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »
The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to... Read more »
Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »
You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.
Q: Can I sue?
So I had a bowel obstruction in my last month of pregnancy. This happened a year ago. I went to the emergency room multiple times and saw multiple different doctors who all thought I was lieing about not going to the bathroom for 3 weeks. I told them I cant go on my own but every time it was... Read more »
I'm sorry for your ordeal. It's likely that a California medical malpractice attorney would want to retrieve and review your medical records in detail. Since many offer free initial consultations, you could contact a law office to discuss the matter further. You would need to discuss payment... Read more »
Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?
We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »
much more info needed.
With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.
There is also the issue of what agreement you signed since it was experimental.
this is not the... Read more »
Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?
In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »
Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.
Tim Akpinar
Q: Hello my name.is heather i left more imfo below in the comment
Hello my name is heather and im looking for a pro bono lawyer i dont know what to do or how to do it but im trying to sue a hospital in san andreas mark twain hospital i dont know if ill have a case ive been there 5 times for the same thing and everytime i went there nothing was wrong and i was... Read more »
You're trying to find a pro bono lawyer. It could be more practical, and simpler, for you to contact a medical malpractice lawyer and ask to discuss your matter with them. They generally work on contingency basis, and many offer free initial consults.
Tim Akpinar
Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too
passed away person phone is at hand with sighs of unfair treatment
There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.
Q: Will California deny a long term care application if asset money was properly gifted?
I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will deny... Read more »
You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.
You are not in any way liable for your aunt's care or her bills.
A nursing home can... Read more »
Q: What should we do? On what grounds can He counter sue?
In January 2019, my husbands toe was amputated.After the hospital discharged him, they sent a nurse for daily wound changes.She was rude and talked down to him, then argumentative.He demanded her to leave and she got angry and aggressive.He got up and again told her to leave.She yelled Are you... Read more »
You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.
Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?
Specifically a narcotics case
more info needed.
every case is different.
most common is illegal search and seizure
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me
then had an emergency procedure at sutter they gave me medicence i am allergic to, they strapped me in bed have pix to show bruises. how does hospital not give me my own files?? how they give me wrong medicene, both uc davis who deformed me n refuse me my paperwork, and sutter which give me... Read more »
You are entitled to your medical records. You are not entitled to the internal investigation.
Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.
Her on going income will no longer cover the cost. Can the facility require us to move her to someplace else after this long.
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be... Read more »
Q: Can you ask a patient to get a HIV test if you were poked?
Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
Uncle admitted to hospital 12/11/18, then dies of kidney failure on 12/20/18, County Coroner calls us on 1/08/19 and tells us the report from hospital reads "No Family". Our family has been trusting this hospital for over 50 years, his sister died there 6 months ago which is how the coroner found... Read more »
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin.... Read more »
Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?
I am Brazilian visitor with a american family and legal situation of extension visa. I came to take gcare of my 80 years old mom, but she is doing pretty better.
Just met this guy as a handman and got completely in love. I am single never married before, I have support and sponsor. Actually... Read more »
Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration... Read more »
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... Read more »
You should be asking Kaiser and the care facility in Oakland these questions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
