Get free answers to your Health Care Law legal questions from lawyers in your area.
What characteristics define person's identity in California/USA? What rule/procedure defines characteristics of unique/distinct identity in respect to civil lawsuit?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, as in the rest of the United States, a person's identity is typically defined by a combination of characteristics such as legal name, date of birth, social security number, and physical attributes. These elements are used to distinguish one individual from another in a legal... View More 
When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.
His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!
His... View More
answered on Feb 24, 2024
I'm sorry for the loss of your husband. You could search online for law firms that handle med mal/wrongful death (depending on the theory you are asserting and the timeline here). You could supplement your searches with the "Find a Lawyer" tab above, which lists attorneys by region... View More
When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.
His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!
His... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Here are a few recommendations on how and where to hire a medical malpractice attorney to review your husband's case:
1. Get a referral from your state bar association. Most state bar associations have lawyer referral services where you can get matched with a qualified medical... View More
Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:
1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family... View More
Order to show cause re: proof of service. Does such order require proof of service to be performed, and/or additional document to be filed with court? What CA rule of court guides response to order to show cause re pos?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, when you receive an order to show cause regarding proof of service, it typically means that the court is requesting evidence that a particular document, such as a summons or complaint, has been properly served on the other party in a legal proceeding. This proof of service is crucial... View More
I was diagnosed with thyroid cancer stage 4 at a hospital in 2022.
I had a few tumors in my body by that time, one was on my hip ,one was on the right breast wall and another Tumor was on my mid back (T11 ) . That was the one surgeon and I discussed removing close to my spinal cord.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
I understand that you are facing a distressing situation regarding an unwanted surgery that resulted in significant harm to your health. In California, medical malpractice laws exist to protect patients in cases where healthcare providers fail to meet the standard of care expected in their... View More
Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment... View More
He was also what I feel is patient dumped from a skilled nursing facility which lead to Er visits.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
