Health Care Law Questions & Answers

Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Answered on Dec 7, 2017

Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.
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Q: Hello I am a 39 year old male and I was fed neo mull soy baby formula when I was an infant.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Health Care Law for Mississippi on
Answered on Dec 5, 2017

It would have to be proven that your renal failure was caused by the formula and no other product, through expert testimony. I don't see it, and then there's the statute of limitations issue, but for you to have some closure why not contact an attorney in your area that offers free consultations and handles product cases.
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Q: can Massachusetts mandate certified nursing assistants?

1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on
Answered on Dec 4, 2017

If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program
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Q: What can I do if wife is pregnant and on unpaid leave last minute ?

1 Answer | Asked in Family Law, Workers' Compensation, Health Care Law and Employment Law for Florida on
Answered on Dec 1, 2017

This can be very frustrating and stressful to deal with during pregnancy. I would encourage you to consult with an experienced lawyer that charges a reasonable fee to work with your wife and her company. My firm has a Florida, Licensed attorney with over 30 years of experience in Business Law.

You guys really should consult with a business lawyer to see what are your available options. I can not provide detailed response here as this is a public question-answer forum. Please contact an...
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Q: After a total hip replacement, doctor ordered but then cancelled my PT. I have not had any, should I pursue this?

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Michigan on
Answered on Nov 30, 2017

I'd talk to the doctors assistant, explain that the doctor indicated you'd be getting PT but you haven't heard back and you wonder as you still have problems if you'll be getting PT or what.

Or make an appointment with your GP, explain what happened, ask if that's usual, and chances are they'll follow up.

It's early to follow up with a doctor as when and how much PT to prescribe is variable. Sounds like sloppy follow up but given the very significant costs of a medical...
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Q: Case of personal injury where the first responder managed to double bills by transferring to another hospital.

2 Answers | Asked in Car Accidents and Health Care Law for Florida on
Answered on Nov 30, 2017

I give free phone call consultations 888-620-7888 call anytime
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Q: I'd like to know if CBD is considered illegal by the federal government,then why can they have a Patent on it?

1 Answer | Asked in Federal Crimes, Gov & Administrative Law, Health Care Law and Patents for California on
Answered on Nov 28, 2017

Even if fully compliant with California law, Cannabis and CBD is still a Schedule I drug under the Federal Controlled Substances Act.

It really depends on which product you are trying to patent. If it's a cannabis related substance, chances are you won't get any patent on the product. If it's a smoking device on the other side, there might be ways to highlight the features of the smoking device which are unrelated to CBDs.

As always, please read the disclaimers on the site.
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Q: While I am receiving workers comp benefits and am not working can my employer deny me health coverage?

1 Answer | Asked in Employment Discrimination and Health Care Law for New York on
Answered on Nov 27, 2017

If you were receiving benefits before you took workers compensation leave, unless your employer is eliminating benefits for all employees, taking workers compensation leave does not change your plan like getting married, having children or losing your job would. Your employer would have to provide you with COBRA notice before discontinuing your benefits. There are penalties for failing to provide COBRA notice.

Also, seek the advice of a workers compensation lawyer. If employees lost...
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Q: How are cyber claims - as pertaining to HIPAA / PCI - filed and prosecuted in Florida?

1 Answer | Asked in Health Care Law and Intellectual Property for Florida on
Answered on Nov 17, 2017

A violation of the federal HIPAA regulations (health care providers divulging certain personal medical information) is not a crime, nor is it a violation of Florida law. The health care provider can perhaps be subject to sanctions by a specific federal agency, but it is not a court case.
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Q: If the attorney has changed does the medical provider have to get a new lien with the updated attorney's signature?

1 Answer | Asked in Personal Injury and Health Care Law for California on
Answered on Nov 14, 2017

to be safe i always advise doctors to get a new lien...........thus locking in the new lawyer.

when case settles if the attorney has not signed lien and the client ORDERS him not to pay the lawyer is in a difficult position and i suspect would not pay........as would be the case if it happened to me.

a lawyer has to follow a client's orders.
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Q: Bro did'nt answer docs calls over 6 months. Dad is elder under bro's care. Dad diagnosed with cancer. Is it neglect?

2 Answers | Asked in Criminal Law, Family Law, Elder Law and Health Care Law for California on
Answered on Nov 11, 2017

Your brother's failures certainly do sound like neglect and likely should be reported to Adult Protective Services. That said, there are a lot of questions that would need to be answered. Was the elder not able to receive any of the messages? Did the doctor ever send a letter? I would think that under these circumstances, there should have been more effort than 5 messages over a period of six months. Also, if the physician knew the patient wasn't able to personally respond and that your...
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Q: my boyfriend ordered a DNA test online and we later found out it was a scam and they falsified results

2 Answers | Asked in Family Law, Consumer Law and Health Care Law for North Carolina on
Answered on Nov 2, 2017

Sure if you can prove it and have the funds to locate and undertake a suit against them and / or can find some group or agency willing to go after them in a civil and / or criminal capacity on your behalf. Best of luck.
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Q: Getting High ER Bill for Leaving the room after waiting 5Hrs and not been seen.

1 Answer | Asked in Personal Injury, Consumer Law and Health Care Law for New York on
Answered on Oct 31, 2017

Get a copy of your hospital records (get them on disc, print them out at Staples/Office Max, way cheaper than getting printed copies).

Write the billing company a letter stating that they didn't see you so they provided no services, and if they dispute that you want a record showing what services were provided and by whom.

This is a letter. Hard copy. No email. Sent certified return receipt. You make a copy of what you send them. You staple the certified receipt you'll get to...
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Q: Leased Apartment in CA. Coack roach from day 1, landlord offered another apt but same can happen there, want to be out

2 Answers | Asked in Consumer Law, Health Care Law and Landlord - Tenant for California on
Answered on Oct 30, 2017

As you have already entered into a lease agreement and shifted to your selected appt. that of course may have visited by you earlier, terminating lease or immediate move out might consume your time.

I suggest, take advantage of relocation offer to another appt. Prior to shifting, visit and make a thorough check whether that appt is having similar problem or not. If that looks better shift there to avoid unnecessary hassle.

As you will shift to another appt. you might have to...
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Q: Can I sue my company after they ignored health complaints?

1 Answer | Asked in Workers' Compensation, Employment Discrimination, Energy, Oil and Gas and Health Care Law for Texas on
Answered on Oct 26, 2017

If they have wc you are limited to filing a claim for wc. Heart attacks (HA) are difficult to prove so I suggest hiring the best WC lawyer you can find. They handle cases on a contingency fee basis so if the lawyer does not win, you owe nothing. HA require proof from a medical provider that will say basically your HA was NOT due to the natural progression of a disease that would occurred when it did, but occurred because of your job. Good luck.
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Q: Is it legal for a therapist to allow a child to use her personal cellphone for a child to email?

1 Answer | Asked in Criminal Law and Health Care Law for Pennsylvania on
Answered on Oct 25, 2017

Who is the therapist's client? You invited her there which indicates some relationship. She owed duties to her client. Her behavior sound slightly unprofessional, and you should calmly ask for an explanation before proceeding further.

At a minimum she seems to be triangulating which is rather odd for a therapist.
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Q: Can an employer tell an employee not to take a prescription from a work-related injury that says to take "as needed"?

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Indiana on
Answered on Oct 24, 2017

In this case the employee would likely receive something from the doctor, assuming this is a work comp doctor, saying that he/she will need to be off work for a certain amount of time if the pain is too much. My recommendation in this situation would be to have the employee go back to the doctor to see if time off work is necessary. If the employee needs to take the muscle relaxer to get through the day, but it interferes with their ability to perform their duties then they likely need to be...
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Q: HIPPA Violation

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Answered on Oct 23, 2017

If you have a pending medical malpractice case, the other party is entitled to obtain a copy of your medical records. You have put your medical condition at issue and therefore you have waived your right to privacy. For those issues that are not relevant to your case, they will not be admissible at the time of the arbitration. But, the other party still has the right to review the records and determine what is and is not relevant to your case.
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Q: Ohio Medicaid Estate Recovery / is benefit from term life ins. no cash value paid to beneficiary eligible for recovery.

1 Answer | Asked in Health Care Law and Elder Law for Ohio on
Answered on Oct 18, 2017

Ohio Law is not crystal clear on this. On the one hand, the Estate Recovery statute claims a very broad right to any asset held by the Medicaid recipient at death. On the other hand, the Ohio statute regarding life insurance says that it is usually protected from creditors, as long as a beneficiary is named and the beneficiary is not "the Estate" of the deceased. It has been my experience that the Ohio Attorney General for Medicaid is not attempting to collect on life insurance, as long as...
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Q: If a court, in NY city ordered drug alcohol rehabilitation to someone sources claim there is a lien on them.

1 Answer | Asked in Criminal Law and Health Care Law for New York on
Answered on Oct 18, 2017

Lien for what? The court orders treatment or it doesn't. If treatment is a provision of the sentence, it must be completed.
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