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Colorado Health Care Law Questions & Answers
2 Answers | Asked in Civil Litigation, Health Care Law and Personal Injury for Colorado on
Q: Can people be held liable if they recklessly endanger and cause physical health problems by causing radioactive dirt...

...and dust to be thrown up into the wind that knowingly fast flows into the neighbors yard and body and house every day purposefully as witnessed by many neighbors?

James L. Arrasmith
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answered on Nov 12, 2023

Yes, people can potentially be held liable for recklessly endangering others and causing health problems through exposure to radioactive materials on their property. Some key points:

- Knowingly allowing radioactive dirt and dust to blow onto a neighbor's property could constitute...
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1 Answer | Asked in Consumer Law and Health Care Law for Colorado on
Q: Can a Dr office charge you more money for your bill after you have paid it in full?

Was seen at an urgent care, paid cash for my bill, & no insurance was charged.

Dr office is now saying they made an error in billing & that I owe more money. I asked for an itemized bill & they are double charging me for an injection fee.

Is this something they can do?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Colorado attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney to look at the claim under state-specific laws, generally speaking it could depend the plan, the time period, applicable fee schedules for the procedure,... View More

2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 13, 2023

You ask an excellent question!

To give you a direct response to the question of whether you can request food logs from your wife's attorney, yes, you are more than welcome to send opposing counsel a request for the logs. However, that does not necessarily mean that they have to respond...
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2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Sabra M. Janko
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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

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1 Answer | Asked in Car Accidents, Health Care Law and Insurance Defense for Colorado on
Q: Hi my friend used to drive an ambulance, while driving in accident getting sued what kind of lawyer is needed, Colorado

Hi my name is Mary and I am a resource navigator I have a client who needs a lawyer but I am unsure what kind of lawyer to help her find. She is 19 and used to drive an ambulance, while driving she was in an accident she just was served stating she and the ambulance company is being sued. What... View More

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like your friend needs an insurance defense attorney. Occupants of the other vehicle are apparently making a claim for bodily injury or property damage, or both. She should make a copy of the papers she... View More

1 Answer | Asked in Contracts and Health Care Law for Colorado on
Q: I concented to 1 med record transfer. Other records arrived w/out permish what can I do
Tim Akpinar
Tim Akpinar
answered on Oct 29, 2023

A starting point could be to check the authorization - current medical authorizations have a number of boxes to be checked off, and there is opportunity for error, compared with simpler forms used in the past. Good luck

1 Answer | Asked in Family Law, Constitutional Law and Health Care Law for Colorado on
Q: Regulations for a grandson to remove grandfathers remains from his own property and transporting it elsewhere in CO

What regulations apply to a family member removing remains entombed on their property, and transporting it to another tomb?

Nick Tootalian
Nick Tootalian
answered on Aug 4, 2023

I believe this question requires an analysis by a criminal attorney.

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Medical Malpractice for Colorado on
Q: Can hospital give a woman with contractions ambien tell her" go home sleep it off" "noway ur in labor"

she then gave birth home in bathtub ALONE & hallucinating. records on mychart of visit are not visible if recorded at all. then cps removed child and mother had no golden hour or breastfed baby since birth . thats not even all of what happened . need consiltation asap

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 22, 2023

What a horrible experience. I'm sorry you had to go through that. You should call a lawyer who represents clients in medical malpractice cases. There are several firms in Colorado who specialize in that area of law. You might try contacting Cornell Johnson, Mac Hester, Jim Puga, Hollynd... View More

1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Colorado on
Q: How does someone determine if they have a case or not? An what if it is hard to define the significants of case

Exposure to a decomposed body with documented evidence causing prenatal problems and premature birth.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 11, 2023

Call some attorneys to see what they say. This is outside my area of practice. Your questions about significance and whether you have a case are just what lawyers consider when evaluating a potential new client. Beware that statutes of limitations exist, and they can sometimes be very short. So... View More

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

1 Answer | Asked in Child Custody, Health Care Law and Juvenile Law for Colorado on
Q: Kids 11 and younger, does the psychotherapist need consent trom both parents if they are not married?

Is the therapist required to read and interpret parenting plans? Who holds the liability if they aren't followed, the parents or the therapist?

Sabra M. Janko
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answered on Aug 13, 2022

The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... View More

1 Answer | Asked in Estate Planning, Collections and Health Care Law for Colorado on
Q: If my husband died in the hospital, in Colorado, am I responsible for his medical bills?

All the bills are in his name only - I had not signed anything.

Kyle Grabulis
Kyle Grabulis
answered on Mar 11, 2022

Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.

However, your...
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1 Answer | Asked in Health Care Law and Personal Injury for Colorado on
Q: Can u sue a company for prohibiting medical care for a work place injury?

My son was involved in an accident at work where he gashed his forehead that required internal stitches and 10 more on outside to close. His company told him he could not get medical treatment until he signed some paper,not sure what was on it,and it took them over an hour to get him to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2021

A Colorado attorney could advise best, but your post remains open for a week. I'm very sorry for your son's injury and the ordeal it caused your family. As a starting point, you could reach out to attorneys to look into what justified that type of delay. In terms of applicable law -... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... View More

Sabra M. Janko
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answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Colorado on
Q: What legal grounds do we have for a case against UC Health making a clerical error that costs us money?

She is a soldier in the Army and emergencies such as these are covered by Tricare which is the health insurance provided for military members. She received a bill in the mail for her hospital visit saying that Tricare did not cover the cost because it was not coded by UC Health correctly as an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2020

A Colorado attorney, and possibly a military law attorney familiar with the operation of health benefits for members of the armed forces, could advise best here, but your question remains open for three weeks. The matter might require someone familiar with medical coding to look at the CPT and... View More

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Colorado on
Q: How do I find a pro bono or sliding scale attorney to deal with long term disability claim against lg insurance company?

I have had an illness for months but specialist is still seeking diagnosis. Short term disability has been exhausted. Long term disability company is asking me to sign medical release for entire medical record and waive HIPAA in addition to other seemingly inappropriate questions that have nothing... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2020

A Colorado attorney could advise best, but your post remains open for two weeks and you mention needing help quickly. One option is to start reaching out to attorneys who handle disability claims. Many attorneys in that area provide free initial consults - that's between you and the attorneys... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: the Er put me at risk by not looking at test results they had in hand the same day but called me 4 days later to come

The staff had triaged me, had all the test results in hand, had the ekg in hand, had used one of those finger tip pulse/oxygen things a couple of times. My heart rate was at a 29-32 they sent me home and a cardiologist finally read tithe ekg 4 days later that is when they called me to come back in.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to med mal attorneys to discuss the matter in greater detail, including the extent of damages you suffered. If an attorney felt there might be a basis for a case, they could request... View More

1 Answer | Asked in Child Custody, Health Care Law and Libel & Slander for Colorado on
Q: Is it legal to photograph the inside of classrooms when there is no student info in the photos at all?

Are people allowed to take photos inside of schools? Being sure to keep all personal information out of the photo.

Sabra M. Janko
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answered on Jul 19, 2020

You would have to check with the school district on their policies, however there is no law that prohibits taking photographs inside of schools.

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... View More

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