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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice on
Q: I got HURT by hospital in New Jersey. Now I live in New york.which court should I go to to file for my complaint?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

You are safe if you file in New Jersey but since these matters are complicated, you should consult with an injury lawyer or lawyers and specifically discuss your case with them and ask your questions (such as where to file) and then hire the lawyer with whom you are most comfortable. Good luck.

1 Answer | Asked in Health Care Law for Michigan on
Q: Can a michigan hospital force a patient to go on a ventilator?
Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

I don't see why not if a doctor determines it necessary. The alternative is to go to a different hospital.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Health Care Law and Workers' Compensation for Missouri on
Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that... Read more »

Tim Rose
Tim Rose answered on Jan 19, 2022

This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Washington on
Q: How do you sue a health insurance company that is regulated by the CCIIO?

My partner has been denied coverage for a severe neck issue because her symptoms do not meet the criteria for medical necessity.

Her doctor, however, believes that she does met that criteria.

Tim Akpinar
Tim Akpinar answered on Jan 17, 2022

A Washington attorney could advise best, but your question remains open for a week, and it appears that your partner is in need of medical attention. Only a local attorney could advise on civil procedure aspects of suing insurance carriers in terms of the question you pose. But some general... Read more »

3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Is there any help for someone who ran up over $30K of medical bills and has no health insurance?

My daughter, 29, was having vision problems and went to Wayne Mem ER, probably 3 yrs ago. The ER docs suspected brain tumor and sent her by ambulance to Geis CMC. After much testing, no tumor was found and the bills were totaling just over $30K. I just found out about this. She tried to forget... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

problem is that the social worker at the hospital should have filed a medical assistance application. However, if she was poor she may have been a medical assistance recipient and the bills should have gone to Medical Assistance. At this point she is "judgment proof." it doesn't... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice on
Q: I would like to get documents to apply for us citizenship waiver? Thank you kindly!

As above!

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

This sounds like it could be something an immigration attorney would know about. There's no guarantee all posts are picked up, but you could have better chances of a reply by reposting and adding Immigration Law as a category. Good luck

1 Answer | Asked in Health Care Law for North Carolina on
Q: can my employer be held liable for a bad decison made by my employer paid health insurance?
Tim Akpinar
Tim Akpinar answered on Jan 9, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. It could depend on the terms of coverage and your employer's role in your coverage. But as a general matter nationwide, employers do usually not get involved in insurance carrier's operations,... Read more »

1 Answer | Asked in Health Care Law for Arkansas on
Q: Can Medicare deny jaw surgery as treatment for a genetic disorder? Specifically ectodermal dysplasia?
Tim Akpinar
Tim Akpinar answered on Jan 9, 2022

An Arkansas attorney could advise best, but your post remains open for three weeks. Until you are able to consult with a local attorney, you could also check with your surgeon if they are able to offer narratives or notes supporting the medical necessity of the surgery. Good luck

2 Answers | Asked in Personal Injury and Health Care Law on
Q: I just had a baby 4 months ago, I was given a 'daddy stitch' making my sexual life impossible because of the pain.

The hospital does this to everyone and it isn't right. Can I sue for my suffering I had to endure because of this?

I'm also unsure of what law to put in as this is genital mutilation and I do not know what law it comes under in the UK.

Tim Akpinar
Tim Akpinar answered on Jan 7, 2022

I'm sorry for your ordeal. You may lose valuable time awaiting a meaningful response on this forum because it is geared toward U.S. law. From what you describe, it sounds like you could consider reaching out to lawyers/solicitors in the UK. If nothing else, you could learn the timelines within... Read more »

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1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: contract allows either party to terminate with 60 day notice, I have resigned but end date of 5/6/2022

Can employer terminate now that I have almost worked 60 days since resignation without having to pay my wages for 60 days since they are severing contract before my last day of work provided in resignation?

Carrie Dyer
Carrie Dyer answered on Jan 5, 2022

This depends on the language in your contract. You should contact an employment lawyer in your area to review the contract.

1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Can I sue ?

Critical patient refused from multiple nursing homes due to his Medicare provider insurance not being a top payer. ( reason for denials explained by home nurse) Local hospital sent home. This is a TBI patient with no use of limbs and in extreme pain, who has suffered a broken leg due to fall trying... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 1, 2022

A Florida attorney could advise best, but your post remains open for two weeks. But in general, this appears to be something more complex than can be answered in the format of the three questions you pose, where you ask if this could be a discrimination, personal injury or neglect case?

A...
Read more »

1 Answer | Asked in Wrongful Death and Health Care Law for Illinois on
Q: What legal action can I take against a business who consciously ignores covid regulations, which resulted in a death?

My mother recently passed away from covid. She works at a church that refuses to acknowledge covid and follow regulations. This church is a known hotspot for covid and they still refyse to follow any kind of safety rules. We know my mother caught the virus there and covid is listed on the death... Read more »

Charles Candiano
Charles Candiano answered on Dec 22, 2021

Unfortunately, none. If your mother was truly an employee of the Church, then her/your sole remedy is through Workers' Compensation, provided that the church carries Workers' Compensation insurance. If she was an employee but the Church had no WC insurance, you may be able to sue,... Read more »

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... Read 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 -... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Hello, My name is Gabriell and I'm looking to find a lawyer to help me go about a few things that

Are going on. I feel as if people have cases on me I don't know about I've been to my doctors to get help with my body feeling the way it does and to the hospitals I get no results from either or. My doctors office has been lieing to me saying j haven't been there since 2017 which... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 20, 2021

I'm sorry for the difficulties you've been experiencing. Attorneys are not able to reach out to you here. The format here does not operate like an attorney referral service - it is only a Question & Answer forum. If you want to find an attorney, you could search for attorneys online,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: Are there lawyers that still believe in the oath they swore to defend people in the court of law

I don't know much about laws and court but I do know right from wrong I need help

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

When a lawyer is in good standing, they deserve to be presumed to be zealous advocates for their client. What clients sometimes don't realize is that defending people does not include advancing unfounded theories, whether grounded in fact or law, or presenting false facts or statements. A... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

Nina Whitehurst
Nina Whitehurst answered on Dec 8, 2021

There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective... Read more »

1 Answer | Asked in Health Care Law for Missouri on
Q: I need an external fixation removed from ankle and I refuse pcr test and they refused surgery. Is this legal?

They installed it so I would think they have to remove it

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 7, 2021

I’m not aware of any law that would prohibit a health care provider from refusing to do a surgery on someone who refuses a PCR test.

What specific statute do you believe is being violated?

Perhaps you can find another surgeon who isn’t concerned about the risk of COVID-19 transmission?

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