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Georgia Health Care Law Questions & Answers
2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Q: Can I have my brother declared mentally incompetent and ask for guardianship?

My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 28, 2019

You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.

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3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Nursing Home Abuse for Georgia on
Q: my husband was inured in a involuntary psychiatric hold, no one will tell me what happened and won't give records

he received 3 staples in his head and we were not notified and he cant remember what happened, do we have a case?

Homer P Jordan IV
Homer P Jordan IV
answered on Jan 4, 2019

You should consult with an attorney who can review the case with you and determine if this is worth pursuing. Most attorneys offer a free consultation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
Homer P Jordan IV
Homer P Jordan IV
answered on Nov 15, 2018

There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on
Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

What is the Georgia law about a person being suicidal. I have been told that we in Ems in Georgia cannot force a suicidal patient to be transported to hospital for evaluation.

David Edward Boyle
David Edward Boyle
answered on Nov 2, 2018

A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Small Claims for Georgia on
Q: Hello, I wanted to know if I could sue a daycare for my son getting lice and having to cut his hair off.

I have a 1 year old son who is in daycare. About 3 weeks ago my son had lice. I called the daycare and made them aware of the situation. My sons nurse informed me that he got the lice from another child in class when i called the daycare i asked had another child had lice. They informed me that... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

You would have to show they knew the other kid had lice. But yes, you could make a claim against them. However they may not be happy to have your youth in that daycare, so make alternate daycare plans. Contact a member of the Ga.Trial Lawyers Assn for your county--they give free consults.

1 Answer | Asked in Health Care Law and Contracts for Georgia on
Q: Can an 18 year old be a health care advocate / patient advocate in the state of Georgia?
John W. Chambers Jr
John W. Chambers Jr
answered on Jan 19, 2018

In Georgia, a person may appoint an 18 year old person as his health care agent in an advance directive for health care.

2 Answers | Asked in Child Support, Family Law and Health Care Law for Georgia on
Q: My husband is on child support for a child who has never been legitimized, is he obligated to pay for health insurance?

Im assuming that he signed something that waived his rights to a paternity test? We are trying to figure out our options, as well as find out if the child is his, before we also get forced (possibly) into paying for healthcare for this child as well.

Regina Irene Edwards
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answered on Sep 12, 2017

Yes, he can be made to pay insurance irrespective of legitimation. Paternity and child support are separate from legitimation and visitation issues.

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3 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Georgia on
Q: How much pressure can a chiropractor legally put on a patient to get a lawyer and sue for pain and suffering?

I was in a car accident and saw a chiropractor. They have twice given me a card for a specific lawyer and strongly encouraged me to sue my insurance company to cover the cost of my treatment and pain/suffering. After receiving what seems to be a very overinflated bill, I spoke with chiropractic... View More

William C. Head
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answered on Aug 18, 2017

Your "spider senses" are working very well. There are too many of these folks who "connect" their patients with a lawyer who sues for soft tissue injury.

I'd change to another chiropractor.

I have seen similar instances that started with a...
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1 Answer | Asked in Personal Injury, Car Accidents and Health Care Law for Georgia on
Q: For those on Medicare, Should a hospital make a Medicare adjustment to their bill after an auto accident?
William C. Head
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answered on Aug 16, 2017

They should, but they usually only grease the squeaky wheel. Complain. See if that helps.

Any personal injury lawyer can tell you that medical bills are negotiable, with hospitals.

As a last resort, offer to pay $25 per month, and they likely will have to take it, if the money is not there.

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Georgia on
Q: My little girls shoulder pops out of place for any reason.

Trying to find out if I should be concern with fact that my 13yr old little girl's shoulder pops out of place from almost any thing from just rolling over,she takes a lot of steroids for her allergys.We have taken her to childrens hospital and they say something about growing pains,I found out... View More

David Alan Wolf
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answered on Jul 20, 2017

Medical malpractice cases are quite complex. I recommend that you get your daughter assessed by an orthopedic specialists. If there are issues related to growth and maturity, you may see if an evaluation by and endocrinologist is in order. For an attorney to take on a medical malpractice cases,... View More

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Q: Is my case worth going to court for or suing this company to get my money back?

I visited A Preferred Women's Health Center on November 18, 2016 to to get help with an unwanted/unwanted pregnancy. I made my payment to the facility before being seen by a doctor(their policy). They did some blood and urine test on me and later asked me to take have an ultrasound there,... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

After being sick for almost 2 weeks and trying every home remedy and over-the-counter medication with nothing working I went to my doctor at Kaiser. I gave my doctor all of my symptoms. The doctor never performed any tests or did any blood work just looked at my ears and throat and told me I had... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Do I have the right to sue a behavioral hospital that said you are supposed to see a DR/PA/NP every 24 hrs & didn't.

I just was released from a behavioral hospital, on an involuntary 10-13, said my best interest to sign a 10-12. Said I would see one of the three every 24 hrs. I saw PA on 12/19 and next encounter was 12/21, spoke with Pt. Advocate and PA put in my chart she saw me on 12/20 and I was doing... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 27, 2016

I don't see it because you have technical violation and I'm not hearing about any fallout. If you were kept in longer than necessary there's a slim chance you may have a case. Suggest you contact a member of the Ga. Trial Lawyers Assn who handles Mental Wellness cases.

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Georgia on
Q: Can a Dr.'s office legally bill under a different tax ID to get more money?

I was referred to a specialist by my primary care dr. The referral was approved by my insurance company and I called to verify before visiting the specialist. On my 3rd visit to the specialist, I was told that I owed them nearly $500 because they are not in network with my insurance company. After... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 14, 2016

may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider... View More

1 Answer | Asked in Health Care Law, Legal Malpractice, Employment Law and Employment Discrimination for Georgia on
Q: Is it legal to force a minister of a church out the door when they are suffering from a serious health condition?

Like, this minister has a lung disease, and cant go a day without passing out, has 8 years of medical history. They say he cant perform the job, so they are trying force him out the door with a severance.He counter offered by trying to take a different position in the church but they said no.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

Churches can manage their own affairs. It is up to the church as it's rules dictate to decide--in some cases it's the congregation, in other's it's a bishop.There are no mandatory pension or other schemes for churches. You raise an interesting ADA question.

1 Answer | Asked in Products Liability and Health Care Law for Georgia on
Q: when is Boston scientific going to pay? Hope it is better that the other 2. Especially Coloplast

I have 3 different products. However each is saying single surgery. Shame on you Coloplast....I may get 2000.00. I just need to know how and when Boston scientific is going to pay. And there was another s Kelley. I got her medical info and she got mine. The y were aware of it. I need lawyer for... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 28, 2016

You need to contact a member of the Ga. Trial Lawyers Assn who handles medical products.This isn't a d.i.y. thing. You may have statutes of limitations so you need to consult an attorney as soon as possible.

1 Answer | Asked in Health Care Law for Georgia on
Q: How do I obtain medical records of my mom who is in the care of a nursing facility.

I've taken care of my mom and her affairs from 2002 (when she came to live with me), until 2012 (when she had a stroke and was admitted to a long term care facility). I have never had an advanced directive or power of attorney for her...I never need one until now. My mom needed medical... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 26, 2015

In most states, without a healthcare power of attorney, a family member could hire a lawyer and seek to be appointed guardian of your mom, who would be adjudicated a "disabled person" by the probate court. Then once the guardianship is established and with the appointment as guardian,... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Assist medically dead sister-in-law with after death legal issues (no POA). We live in PA. & she is in GA. hospital.

S-I-L has no assets and we have little means. We plan to pay for cremation and past due rent. Is a lawyer (with our limit funds) really needed and how can they help? (Looking in Marietta, GA area.) - What advise can you offer us. Thank you.

Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her... View More

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