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Georgia Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Health Care Law for Georgia on
Q: When can a hospital give your medical records to THEIR atty?

Im involved in a lawsuit with a hospital. Because of an arrest, THEIR atty is attepting to speed up an appeal hearing by using my own medical records. Is that legal?

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

A Georgia attorney could answer best, but your question remains open for three weeks. If the matter is still pending, it would be best to consult with your attorney who is handling the appeal, or consider consulting an attorney if you are not represented in the appeal. I can't speak for... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Health Care Law for Georgia on
Q: Does HIPAA apply to veterinary medicine in the state of Georgia?

A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... View More

Michael W. Horst
Michael W. Horst
answered on Oct 12, 2021

The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... View More

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
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1 Answer | Asked in Child Custody, Child Support and Health Care Law for Georgia on
Q: How can I get custody of my 13 year old her parents abandoned her. She needs mental health help

My niece is 13 years old she has been living with me 4 years now. Her parents moved out of state without her. She wants to see a therapist because she is depressed. They won't give me a paper stating that I can get her medical attention. I can take her to all other doctors appointments except... View More

Regina Irene Edwards
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answered on Jan 25, 2021

Contact an attorney about filing for emergency custody or a depravation case in juvenile court.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Georgia on
Q: Can a hospital billing office refuse to contact an insurance company directly over a problem with the claim?

So my father had surgery in March to reverse is ileostomy, and the insurance company says that the provider listed on the claim was incorrect. They want the hospital billing office to contact them directly. However, the billing office simply says "we don't do that". So we are stuck... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2020

A Georgia attorney could answer best, but your post remains open for three weeks. Until you are able to consult with a local attorney, one of the things you could look into is the correct information for the provider. Although any large hospital has its inhouse billing/collection operations, there... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... View More

1 Answer | Asked in Health Care Law and Juvenile Law for Georgia on
Q: Can a minor child seek medical attention from a physician for sexually transmitted disease without parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 18, 2020

The answer is yes. However, the doctor may still contact the parent/legal guardian about the care or treatment the minor received.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV
answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a nursing school force students into hospital clinical during COVID?

I am a Georgia student who is in a nursing program that is requiring us to take clinical rotations in hospitals to progress in our degree. If we refuse, we cannot continue in the program and we aren't sure how long this crisis will last. We feel as though our hand is forced to accept... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2020

This is something that a Georgia attorney could best advise on, but your post remains open for four weeks. It's difficult to say what the outcome for this would be. It could depend on the wording of the school's agreement with students, including whether it addresses unforeseeable events... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar
answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... View More

2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Is it against the law for a dr to force a patient to get a tubal?

I was told I didn't have a choice but to do it and I've regretted it ever since

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Mar 21, 2020

It is always your choice unless you are incapacitated and require a life saving procedure.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm... View More

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: A nurse made inappropriate comments to me that offended me when asking how many children I have I told her 3 when asking

If any of my kids were c section babies I told her yes all 3 she laughed at me and made the comment that I cheated.

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2019

There wasn't a question here, but you posted in the Medical Malpractice category and the post remains open for two weeks. If you were wondering if the nurse's conduct creates the basis for a lawsuit, it's difficult to see it. You could check with a Georgia attorney whether they view... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Can a Dr treating me at the hospital tell my pain management Dr I failed a drug screening or is that covered by hippa
C.Doris Okafor Dike
C.Doris Okafor Dike
answered on Aug 9, 2019

Hello, Doctors involved in the treatment of care may share PHI, or protected health information with each other in order to provide the best quality of care to patients. Unless you signed a waiver of some sort physicians may share information regarding their patients to other physicians treating... View More

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Health Care Law for Georgia on
Q: Can cps keep my child away from me and in foster care for medical neglect

My daughter was taking into cps custody after the judge in my family court case claimed I medical neglected my daughter for changing her therapist so because of that he gave custody to dad and my daughter refused to go and the police had to come twice they spoke to my 11 year old alone and they... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Jul 31, 2019

We are not familiar with the facts of your case, but if CPS feels they have a justified reason to keep your child from you and in foster care they can do so. You may want to consult with an attorney who can review the facts of your case in detail and present you with your options. -Homer P. Jordan... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: How long does a cosmetic surgeon have to refund the cost of surgery that was paid for in advance?
Tim Akpinar
Tim Akpinar
answered on Jun 21, 2019

It could depend on the terms of the contract between the surgeon and the patient. While the contract itself would be an agreement between two parties, it would most likely be governed by Georgia law. If there is a dispute as to a refund here, one option would be to sit down with a Georgia attorney... View More

1 Answer | Asked in Workers' Compensation and Health Care Law for Georgia on
Q: GA catastrophic w/c case WC 207 violation or not?

Can a rehab case manager send my medical records at will to any facility as she wishes? My records were sent to a rehab facility without a signed WC207, ATP had not authorized nor recommended the facility, and I never went to this facility, dates and facts are in writing. This was just one of... View More

T. Andrew Miller
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answered on Mar 29, 2019

Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep... View More

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