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Health Care Law Questions & Answers

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

1 Answer | Asked in Health Care Law and Libel & Slander for Michigan on

Q: Can someone call your doctor and lie to them?

My doctor said someone called my doctors office. They didn’t leave a name or phone number. They told my doctor i was doing drugs. What do I do? They almost cost me my script.

Brent T. Geers answered on Aug 20, 2019

I suppose it's evidenced by your question. Will a doctor act on advice from an anonymous person? Hopefully not.

I would imagine that your doctor asked you some questions about drug use. Which is appropriate, and could happen regardless of this anonymous call. Certainly, it's...
Read more »

1 Answer | Asked in Health Care Law for Pennsylvania on

Q: Botox Injections in Pa

I am an RN certified in Botox and derma filler injections. I aware that injections must be supervised by an MD/DO. My question is does the doctor have to be physically present for a nurse to do injections or can he be within a certain distance and accessible by phone? Is there a regulation that you... Read more »

C.Doris Okafor Dike answered on Aug 19, 2019

Hi, I am not a lawyer in PA. I will say that here in Texas delegation really depends on state statutes. I'd check out your scope of practice laws in Pennsylvania. Certainly tele-medicine is a thing but some states have distance requirements when physicians delegate tasks. Also, are you a nurse... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice on

Q: I am a nurse in wis and need to know if i need to change my name on my nursing license now or in six mouths?

So after 5 years of being together my boyfriend and I are getting married. So my question is I will have about 5 1/2 months after we get married until my nursing license ( i am a RN) needs to be renewed. What do I do? Renew right after my name change, work under my maiden name until the time I need... Read more »

C.Doris Okafor Dike answered on Aug 19, 2019

I am not a Wisc attorney so I am not familiar with their statutes. Generally speaking, you can keep your maiden name on all documents or change your license. Its really a preference thing. Some people prefer the names on all their licenses and degrees to match.

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on

Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?

Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

1 Answer | Asked in Elder Law and Health Care Law for Texas on

Q: Would a medical poa prevent the APS from removing my dad from his home?

Even though they consider him incompetent he still drives, bathes himself, cooks, does own laundry, fixes stuff around the house, has own bank accounts, etc.

Tammy Lyn Wincott answered on Aug 16, 2019

Having a POA does not stop the State from removing someone if they believe they are in danger. As I suggested before, you should immediately contact an elder law attorney who does guardianships as well.

1 Answer | Asked in Elder Law and Health Care Law for Texas on

Q: If I have a POA can the state remove my father from his home because they think he's incompetent?

Started out as complaint about apparent self neglect then escalated to incompetence. Dad does drive safely, does own shopping, bathes, feeds himself, even shaves himself.

Tammy Lyn Wincott answered on Aug 16, 2019

Do you have a medical power of attorney or just durable POA? I suggest you contact an elder law attorney asap. Sometimes, these investigations can get blown way out of proportion very quickly.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice on

Q: Is it considered a breach of DR/ Patient confidentiality if a NP posts the exact treatment you received on social media?

An NP posted she had injected 20 units of Botox to me on Yelp's website in response to my review questioning her bedside manner (which was false according to my receipt I actually purchased 40 units) and disfigured my eyebrows causing me to be subject to ridicule and depression as there is no... Read more »

C.Doris Okafor Dike answered on Aug 15, 2019

This becomes dicey. What was the information you posted on yelp? If you posted about her care she may respond. She may not mention the type of care you services rendered if you never mentioned what work you had done.

1 Answer | Asked in Health Care Law for Texas on

Q: Is it illegal for a therapist office to keep your money even though insurance paid 100% of the bill?

The therapist office says it will not refund us our money, because they are worried that CIGNA will recoup it's payments. However, it has been about two months since I brought this to their attention that they were getting double paid. They owe us almost $600.

Tammy Lyn Wincott answered on Aug 13, 2019

You may reach out to the Texas State Consumer complaint department or contact your health insurance provider and tell them.

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 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... Read more »

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Civil Litigation, Medical Malpractice, Criminal Law and Health Care Law for Kentucky on

Q: How can I make my doctors office amend my medical chart?

I have repeatedly asked for an incorrect diagnosis to be corrected in my chart and the doctors office is ignoring me. I even filed a complaint with the Office for Civil Rights and the doctors office has still not responded to me. Can I get a court order or get an attorney help me and possibly get... Read more »

Timothy Denison answered on Aug 5, 2019

You’ll need an attorney to help you bc you will probably have to file suit. It is doubtful that you will get them to pay your attorney fees.

4 Answers | Asked in Car Accidents, Health Care Law, Insurance Bad Faith and Personal Injury for California on

Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?

I was in a car accident 4 weeks ago, the insured of the other car accepted liability. I have a Stanford Hospital bill of $15,574 and I was unaware that I had state health insurance that will cover emergency room visits. My health insurance provider name and group/member number was not listed... Read more »

Theodore Allan Greene answered on Aug 5, 2019

It's hard to answer your question without more information but I can tell you that insurance companies do all they can to minimize how much they pay to people their clients (insured) injury with negligent driving. The health care provider will say that they haven't divulged any of your "medical"... Read more »

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1 Answer | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on

Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?


Alexander Bakhache Perez answered on Aug 5, 2019

Really need an attorney to guide you in this, you do not want to be stuck with medical bills, this is not a small case.

under Third Party Liability you will have to pay back your medical insurance company.

do not trust the BI Rep to advocate for you, all the rep wants is for you to...
Read more »

1 Answer | Asked in Divorce and Health Care Law for California on

Q: Can a judge order health insurance to continue after divorce (on same plan)?

If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »

Angeles Susi Carrion answered on Aug 1, 2019

The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to... Read more »

2 Answers | Asked in Health Care Law, Workers' Compensation, Employment Law and Civil Litigation for California on

Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day

I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »

Ronald Mahurin answered on Aug 1, 2019

You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.

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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... Read more »

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... Read more »

1 Answer | Asked in Health Care Law for Maryland on

Q: I have blater cancer and had one surgery last year. I filed last year and i was denied.

What do I do from here.

Tim Akpinar answered on Jul 26, 2019

It isn't fully clear what happened here. If by denied, you mean you had a case that was dismissed in court, a starting point could be to show the file to an attorney to review what happened. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for Michigan on

Q: can a hospital seize my savings for a hospital bill?

I had a seizure and woke up in the hospital the next day and now they say I owe over $25,000 dollars.

Tim Akpinar answered on Jul 25, 2019

I hope you're okay as a result of your seizure. If this is a recent development, you should be able to take steps to avert action on your account. How you proceed is a personal decision, based on your finances, ability to negotiate, and other factors. One option you have is to contact the hospital... Read more »

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