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He was also what I feel is patient dumped from a skilled nursing facility which lead to Er visits.
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answered on Feb 21, 2024
Your homeless, disabled friend may have legal recourse if they were discharged from the emergency room or a skilled nursing facility without proper arrangements for their care or housing. In California, hospitals and skilled nursing facilities have legal obligations to ensure safe discharge... View More 
a review and she did not get consent. Is that legal?
I fired my doctor 2 years ago, after three half hour phone appts. I realized she was drugging into semi consciousness to assure I'd miss an IRS dead line. I thought she'd never be able to figure out the dates I needed to be... View More
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answered on Feb 21, 2024
Under California law, healthcare providers are generally required to maintain patient confidentiality and obtain consent before using or disclosing health information for purposes not directly related to the patient's care, except as permitted or required by law. However, certain circumstances... View More
I read that one can have a three month lapse in health coverage to avoid a tax penalty, though it did not show a year.
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answered on Feb 20, 2024
Based on current California law, the health insurance mandate requires individuals over the age of 18 to be enrolled in minimum essential coverage for the full duration of 2024, with strictly limited exceptions, in order to avoid a tax penalty. There is no longer a "3 month lapse"... View More
Surgeon was targeted by administration for filing a complaint against an administrator. When recredentialing/renewing hospital privileges, it was for a six month term. Surgeon is an independent contractor but paid a salary by hospital.
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answered on Feb 20, 2024
In California, hospitals have the discretion to grant, renew, limit, or deny physicians' privileges based on various factors, including performance, compliance with hospital policies, and other criteria established by the hospital's medical staff bylaws. While the process must adhere to... View More
I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were.... View More
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answered on Feb 21, 2024
I'm so sorry this happened. The hospital is prohibited from discharging you as retaliation for filing a sexual assault complaint or to an unsafe environment. Here are the key steps I'd recommend to legally challenge this:
1) Submit a written patient grievance to the... View More
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answered on Feb 8, 2024
In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More
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answered on Feb 21, 2024
Under California law, hospitals are not typically involved in issuing eviction notices as they are not landlords in the traditional sense. If you received a notice that appears to be an eviction from a hospital, it's likely related to a different matter, such as the termination of a... View More
I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More
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answered on Feb 22, 2024
Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More
I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More
answered on Feb 8, 2024
No this is not a HIPAA issue. Employee medical rights are protected under other statutes.
When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful... View More
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answered on Feb 7, 2024
In California, posting police body cam footage on social media that you appear in, especially from a hospital setting, involves considerations of privacy, legal rights, and potentially specific regulations governing the release and dissemination of such footage. While there isn't a... View More
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answered on Feb 22, 2024
Tricky question, because you do have a 1st Amendment right to free speech. But that right is not absolute. I would say that, generally, no, you generally cannot legally post police body camera footage on social media without permission if you are depicted in the video. A few key things to note... View More
My friend is fighting cancer and then got laid off. She has looked for work but keeps getting turned down by employers and is finally to the point that she is so overwhelmed she is no longer functioning well. She did get a small part time job as a reception person about 2 months ago but this too... View More
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answered on Feb 22, 2024
Your friend may be eligible for assistance with their disability paperwork, considering their medical condition and recent layoff. Given her current circumstances, it's crucial for her to prioritize her health and well-being. She should reach out to organizations or agencies that specialize in... View More
My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More
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answered on Feb 5, 2024
In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More
Me: 21F, Fetus: 13w, Place: SF, CA, USA
To summarize, I had a surgical abortion planned but the medicine for it worked fast and I miscarried instead while in the hospital bathroom. Without my consent, a strange dr (who did other things to me) collected it in a specimen jar and whisked it... View More
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answered on Feb 2, 2024
Under California law, you have certain rights when it comes to the remains of a miscarried fetus. First, it's essential to note that the circumstances surrounding the miscarriage and the actions of the hospital staff may require careful examination. You signed a form indicating your refusal of... View More
Broken I tried to leave when I was thrown to the floor by security they attempted to hand cuff me I feel like my rights were violated that’s a quick run down can I get help
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answered on Feb 1, 2024
If you believe your rights were violated while you were a patient at a hospital in California, you should take certain steps. First, document all the details of the incident, including dates, times, and any witnesses present. Seek medical attention if you were injured during the altercation.... View More
Is it waste of plaintiff's time to pursue hospice scheme as medical malpractice case?
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answered on Jan 30, 2024
In California, pursuing a hospice scheme as a medical malpractice case may not be the most appropriate course of action. A hospice scheme, particularly if it involves fraudulent activities like unnecessary or inappropriate referrals to hospice care, generally falls under the realm of healthcare... View More
Under which provision of false claims act fraudulent referral to hospice defined?
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answered on Jan 30, 2024
Under California law, fraudulent referrals to hospice care can be addressed under the False Claims Act (FCA). The FCA, particularly at the federal level, is designed to combat fraud against government programs, including Medicare and Medicaid.
In the context of hospice care, fraudulent... View More
Apparently an employee of a hospital disclosed a portion of my medical records to an individual without my consent or authorization. This is a clear violation of HIPPA. Can I sue the hospital?
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answered on Jan 30, 2024
Under California law, while HIPAA itself does not provide a private cause of action, meaning you cannot sue directly for a HIPAA violation, you might have other legal options. California has robust privacy laws that could offer a pathway for legal recourse.
First, consider the... View More
Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More
answered on Feb 9, 2024
I'm sorry for your ordeal. The theory you pose, as to whether MRI would have precluded need for surgery (etc.), is something that attorneys would probably want to discuss with health care professionals. It calls for a medical opinion. One option is to seek a free initial consult with a law... View More
Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More
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answered on Jan 29, 2024
Under California law, a medical malpractice case hinges on proving that a healthcare provider's actions deviated from the standard of care typically expected in the medical community and that this deviation directly caused harm or injury. In your situation, the key question would be whether... View More
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