Health Care Law Questions & Answers

Q: Can I sue for consent to surgery while medicated?

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice on
Answered on Dec 16, 2018
Rahlita D. Thornton's answer
It is best to consult with an attorney in your country. Laws vary from state to state and from country to country. But, it sure sounds like something to consult with an attorney about. I know that there are other factors to consider after having certain weight loss surgeries as well. Good luck to you.

Q: Hospital #1 files bankruptcy. Hospital #2 buys them. Old collections hired by hospital #1 contacts me about old bills.

1 Answer | Asked in Bankruptcy, Collections and Health Care Law on
Answered on Dec 14, 2018
Timothy Denison's answer
Make them provide you with any documents you signed which indicate your indebtedness. Most go away after that request.

Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold

2 Answers | Asked in Health Care Law and Tax Law for New York on
Answered on Dec 14, 2018
Linda Simmons Campbell's answer
When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

1 Answer | Asked in Elder Law and Health Care Law for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.

Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

Q: Can I patent a mouthwash made w/ over-the-counter ingredients offering no health claims other than fresh breath?

1 Answer | Asked in Copyright, Health Care Law, Intellectual Property and Patents (Intellectual Property) for New York on
Answered on Nov 27, 2018
Peter D. Mlynek's answer
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.

A couple of notes:

(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients, mix them up to make a new mouthwash, and get a patent on it. There must be some sort of unexpected results, such as synergistic effects.

(2) You are going to have to come up with some hard-core...

Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Answered on Nov 27, 2018
H. Scott Aalsberg Esq.'s answer
Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.

Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Answered on Nov 22, 2018
Louis George Fazzi's answer
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.

Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.

Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...

Q: I owe Tenncare 40,000$. I filed bankruptcy in 2009. Its been 12 years since the tenncare incident.

1 Answer | Asked in Collections and Health Care Law for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
Was TennCare listed as a Creditor in your Bankruptcy? Were they listed as an unsecured, non-priority Debt? And if so, did the State fight it? You must look at your Bankruptcy File, and will probably have to spend alot of time with the Court's File. Hire a competent attorney. But if TennCare was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.

Q: Can I take my childs dad off child support without losing her medicaid?

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Louisiana on
Answered on Nov 19, 2018
Ellen Cronin Badeaux's answer
Short answer, no. The state is paying for her medical care and wants to be reimbursed by the father.

Q: I need financial help and a good divorce/domestic violence/ mental health lawyer. Over turn settlement?

1 Answer | Asked in Domestic Violence and Health Care Law for California on
Answered on Nov 15, 2018
Dale S. Gribow's answer
a lawyer needs more info

the person in the best position to answer your questions is the lawyer who helped initially.

how long ago was settlement?

Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Jersey on
Answered on Nov 15, 2018
H. Scott Aalsberg Esq.'s answer
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.

Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
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

Q: Hello, If I were to have my criminal record expunged, would I be able to obtain a massage therapy license in Virginia?

1 Answer | Asked in Criminal Law and Health Care Law for Virginia on
Answered on Nov 7, 2018
Daniel P Leavitt's answer
If you were found guilty that's not technically eligible for an expungement in Virginia.

Q: I'm 17 yo and pregnant, my due date will be in late June, after my 18th birthday. Can my 28 yo husband get in trouble?

1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Juvenile Law for California on
Answered on Nov 3, 2018
Angelina Bradley's answer
Your fiance may want to consult with a criminal defense attorney. PC 261.5 is pretty clear it's a crime if an adult has sex with someone under the age of 18. I don't practice criminal law, so I don't know what the statute of limitations would be or the likelihood of prosecution.

But, if you're going to be 18 at the time of delivery, then the medical professionals working with you would no longer be bound to make a mandatory report to child welfare officials because you would no longer...

Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on
Answered on Nov 2, 2018
David Edward Boyle's answer
A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Answered on Oct 30, 2018
Kevin E. Flynn's answer
I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be competent to take make decisions and others need to act on that person's behalf.

I hope that this helps.

Kevin E Flynn

Q: Oklahoma Question: Refusal of medical provider to give parent medical bills of 2 minor children. Need help! Thx so much!

1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Oklahoma on
Answered on Oct 26, 2018
Pete David Louden's answer
You are entitled to all records concerning the child. The problem you have described happens all the time. The good news is that there is a solution. Simple solution is hire an attorney to modify your existing court orders to include language that addresses this issue.

Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?

1 Answer | Asked in Health Care Law and Legal Malpractice for Tennessee on
Answered on Oct 17, 2018
Timur Akpinar's answer
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.

Tim Akpinar

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