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California Health Care Law Questions & Answers
2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Have been charged 600 dollars for a ENT video consultation which had no diagnosis.
Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

Were you not to have been charged, covered by insurance, or what other reason should you have not been charged, or is the issue that too much was charged. If you can repost your question with more details, you may get the best answers.

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Have been charged 600 dollars for a ENT video consultation which had no diagnosis.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 6, 2023

Under California law, healthcare providers must provide reasonable and necessary medical care to their patients, and the charges for such care must be reasonable and customary. If you were charged $600 for an ENT video consultation that did not result in a diagnosis or treatment, you may have... Read more »

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1 Answer | Asked in Contracts and Health Care Law for California on
Q: Is it illegal in California to give health advice? For example, doing health consultations and things of the like.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

In California, it is generally not illegal to give health advice, as long as you do not engage in the practice of medicine without a license.

The practice of medicine is defined in California Business and Professions Code section 2052 as the diagnosis or treatment of any physical or mental...
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2 Answers | Asked in Health Care Law and Personal Injury for California on
Q: Do I have a lawsuit if a homeless shelter living standards is causing me harm to my health

Like bad rashes that itch real bad on my arms and legs I stay sick and getting ate up by bed bugs or some unknown bug and there is mice in the walls and in my room and when we get breakfast and lunch its in a huge container outside and not far from some dog poop on the ground and etc.. And if I... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 25, 2023

If a homeless shelter is causing you harm to your health, you may have legal options. However, whether you have a viable lawsuit will depend on the specific facts and circumstances of your situation.

If you are experiencing harm to your health due to living conditions at the homeless...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: I was in the hospital from covid I was in a coma for about 2 months while I was in a coma the hospital shaved my face le
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 20, 2023

I'm sorry to hear that you had that experience. It is common for hospitals to shave the faces of patients who are on ventilators, as it can make it easier to care for the patient and prevent infections. However, hospitals should also consider the patient's wishes and cultural and... Read more »

1 Answer | Asked in Health Care Law for California on
Q: Is a California Special District hospital required to maintain a complaint log?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

Yes, California Special District hospitals are required to maintain a complaint log. According to California Health and Safety Code Section 32130.2, every special district hospital must establish and maintain a complaint resolution process that includes procedures for receiving, investigating, and... Read more »

1 Answer | Asked in Health Care Law for California on
Q: If a hospital says they have a policy that L&D patients arent allowed to record their birth is that legally enforceable?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, it is legal for patients to make audio and/or video recordings of their medical procedures, including childbirth, as long as it does not interfere with medical care or violate the privacy rights of other patients and healthcare providers. However, the hospital or healthcare facility... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for California on
Q: I'm trying to find legal counsel for my brother who is in a behavioral health hospital and seeking outside help.

He was involuntarily admitted and believes his rights are being violated. He has asked me to find assistance outside of their appointed advocate. Is this something you can help with or guide me to a group/individual who can?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, the laws governing involuntary psychiatric hospitalization and patients' rights are found in the Welfare and Institutions Code, specifically sections 5000 to 5550. These laws outline the process for involuntary admission, the conditions under which a patient may be detained, and... Read more »

1 Answer | Asked in Education Law and Health Care Law for California on
Q: Is it "medically diagnosing" a child if you say he or she seems sad or anxious?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

No, it is not "medically diagnosing" a child if you say he or she seems sad or anxious. Identifying a child's emotional state or behavior is not the same as making a medical diagnosis. However, if a healthcare professional believes that a child's symptoms or behavior may be... Read more »

1 Answer | Asked in Health Care Law for California on
Q: Can a prescription for a C11 Hydrocodone be sent to California

I have done it in the past but now have new insurance provider that is saying they can't because of California laws. They quote Cal Health and Safety Code 11164.1. I am in California to provide Care giving for my parents I have had this same medication sent to this address many times by the... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

According to California law, hydrocodone is a Schedule II controlled substance and can be prescribed by a licensed medical professional for a legitimate medical purpose. However, there are certain regulations and requirements that must be followed when prescribing, dispensing, and filling a... Read more »

1 Answer | Asked in Health Care Law and Education Law for California on
Q: LAUSD mental health restrictions

LAUSD recently notified by daughters school that students could no longer take time during school hours for private therapy sessions. The school then notified us, our appointment that friday for a 45min therapy sessions would need to be rescheduled since they would no longer provide my child with... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

If your daughter requires private therapy sessions during school hours for a mental health condition, and the school is now preventing her from having access to a private space for these sessions, there may be legal protections that apply to her situation.

Under the Americans with...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Son got an unnecessary MMR immunization shot because SHARP didn’t update CAIR accurately & Kaiser thought he needed it.

I confirmed with sharp that he received both MMR immunization shots from SHARP but they only reported one of the shots to the CA IMMUNIZATION REGISTRY. Kaiser pulled the CAIR registry and recommended a second MMR shot which he received but it was actually his third shot and was not needed. Because... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 13, 2023

If your son received an extra shot he did not need, was he harmed or injured? What you suggest in your question is that "this could cause medical complication for him in the future." What evidence do you have to suggest he "could" have problems in the future? Future injuries are... Read more »

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2 Answers | Asked in Estate Planning, Health Care Law, Elder Law and Public Benefits for California on
Q: Is giving somone full authority on a brokerage account treated like a joint account for medicaid look back rules?

My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 13, 2023

The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... Read more »

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Does malpractice still count if you were never someone's patient? If it was your friend's unofficial diagnosis?

My friend misdiagnosed me and I was stuck in the hospital for a mental disease. I was never his official patient. Does this count as malpractice?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 20, 2023

Malpractice is a type of professional negligence in which a healthcare provider fails to provide the appropriate standard of care to a patient, resulting in harm or injury to the patient. In order for malpractice to occur, there must be a doctor-patient relationship established, meaning that the... Read more »

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3 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

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3 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Doctor abandons me as a 10 year patient How much notice should I be given to find a new doctor.

I have been a patient for 10 years thru 6 surgeries. 3 back, 1 neck, and 1 neck pending. I am 70, and disabiled I have chronic back and neck pain. He has prescribed me morphine long acting, and Norco for pain for the last 8 years, I am between surgeries back surgery in November and neck surgery... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, doctors have certain obligations to their patients when it comes to ending the doctor-patient relationship. According to the California Medical Association, a doctor must provide reasonable notice to the patient before ending the relationship, and must also ensure that the... Read more »

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2 Answers | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on
Q: i have paid to my union 50 thousands dollars for health and welfare got into accident n owe 40 k was coverd

Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been... Read more »

William John Light
William John Light
answered on Jan 30, 2023

Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would... Read more »

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2 Answers | Asked in Elder Law, Estate Planning and Health Care Law for California on
Q: I am 80 yrs old and without friends, family, or church to see to my last wishes when the time comes. Do lawyers do that?

No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... Read more »

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1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
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1 Answer | Asked in Health Care Law for California on
Q: I am a registered nurse, but my current job does not require an RN license. Do I have to keep my license current?

My employer is saying that because I use expertise from a nursing education/experience, I have to keep my nursing license current. I do not provide direct patient care, nor does my job description require a clinical license.

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Dec 7, 2022

You are not required to maintain active RN licensure in CA but it is "best practices" to put your license on Inactive Status if you are not completing continuing education (maintaining clinical competency) and are not working under your RN license. However, many RNs prefer to keep their... Read more »

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