Health Care Law Questions & Answers by State

Health Care Law Questions & Answers

Q: Is this a breach of patient confidentiality?

1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for Texas on
Answered on Aug 25, 2016

Contact a member of the Texas Trial Lawyers Assn who handles libel cases.
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Q: Is a doctor allowed to reject my request because he hasn't received a check from a previous procedure?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

You can't make a doctor treat you. You didn't pay, he has decided to see if you will.
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Q: Can a nurse you receive prenatal treatment from show up at your house uninvited

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 25, 2016

Possibly if she was being friendly and didn't get your boundaries.
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Q: Would I have a case in court with a HIPPA violation of my medical records ?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

Usually no. No real penalty for violation. Check with a local attorney to be sure.
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Q: Raped when I was 15, hospital gave me 2 shots and menstrual cycle irregular since. 39 now and can't get pregnant.

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

See if your family doctor at the time was sent the records. Or if you had health insurance see if the insurer has them--even if they have just the bills that would say what medications were given & billed for.
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Q: If a job application asks about past illnesses, whom defines past illnesses, me, or my diagnosis history?

1 Answer | Asked in Business Law, Civil Litigation, Civil Rights and Health Care Law for Connecticut on
Answered on Aug 23, 2016

Your answer is perplexing, as you have not explaied why you seem to disagree with your own medical records as to diagnosis history and whether there is a valid way to dispute it.
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Q: I am looking for a Los Angeles med mal attorney who knows about patient abandonment, gross Hipaa violations against

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 23, 2016

Both abandonment and HIPAA are unlikely to get you representation unless you want to pay for it. HIPAA violations have no real penalty as far as a money judgment for the patient; abandonment is hard make into an actionable case when you are in a physcian rich enviornmnent. And if you are having a tough time finding an attorney it may be because they are telling you there is no case worth their pursuing in terms of risking their time and you may wish to consider that if it's not that likely to...
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Q: Can my 22 old aspergers son be involuntarily commited

1 Answer | Asked in Health Care Law for Tennessee on
Answered on Aug 21, 2016

ANYONE can be involuntarily committed for a brief time IF you can convince a Judge that they are dangerous to themselves of others. The process is called "judicial hospitalization" - Generally, thye can be held for 72 hours, long enough for a psychiatrist to evaluate and/or medicate them.
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Q: can I get power of attorney over my 27 year old son?

1 Answer | Asked in Civil Rights, Health Care Law and Social Security for California on
Answered on Aug 16, 2016

Yes, you can. Consult with a probate attorney - you might need to be appointed as a guardian or conservator as well as get a power of attorney.
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Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for reimbursement unless the insurance company paid in full, in which case the insurance company would likely request reimbursement.
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Q: Can you tell me if I have a dog in this fight?

1 Answer | Asked in Employment Discrimination and Health Care Law for Texas on
Answered on Aug 15, 2016

First, what makes you think that you are ineligible for FMLA? Have you confirmed such with your employer? Does your employer offer FMLA and considered your request properly? Second, if your health issue creates some sort of "disability," so as the condition causes you to seek treatment and it can impact your position with your employer, you may be entitled to a "reasonable accommodation" under the Americans with Disabilities Act. That can afford you some protections as to your relationship...
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Q: I signed in at my doctor's office with a kiosk machine. Kiosk asked me if my fingerprints were on file. Is this legal

1 Answer | Asked in Civil Rights and Health Care Law for Pennsylvania on
Answered on Aug 14, 2016

Assuming it's for the doctors' office yes. Impersonal, bad atmosphere, but legal.
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Q: Before giving birth to my daughter, there was no record of me at ANY hospital. Is this medical malpractice?

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 12, 2016

He means bad practice.As its a county health department they are not in a doctor patient relationship and can't commit malpractice. Under some circumstances it could be actionable but I don't see it here. Moreover I'm not heraring there were problems because of the prematurity, so there isn't anything to sue about--you don't get to make a claim for what could have happened, only what did happen. However to cover all bases why not get a consultation with a member of the NC Trial Lawyers...
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Q: We have a health hazard in the backyard, a stagnant pond of standing water, we have asked the owner to have drained

1 Answer | Asked in Health Care Law and Personal Injury for Florida on
Answered on Aug 12, 2016

Ask him if you can fill in, putting tarp in first .. Ask for response in writing to avoid misunderstandings.
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Q: My mom died 10 years ago and left no estate.Now that I inherited a home from my grandparents can Medi-Cal come after it?

1 Answer | Asked in Collections, Health Care Law and Public Benefits for California on
Answered on Aug 11, 2016

They can try, but they should not succeed. They may not know what happened. Your grandfather's estate is not liable for your mother's debt, so they cannot collect against his estate. Now that it soon will be your property, you also are not liable to for your mother's debts (unless you expressly guaranteed her debts). Further, it being 12 years since her death, that should make it even more difficult for them to try to take property from you.
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Q: Went to ER specifically to see neurologist he refused to come to ER to see me. Due care ????

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Answered on Aug 11, 2016

Need more information but neurologists see who they want, and even if the office told you to go there it's not anything you can bring a legal case about. Consult with a local attorney offering free consultations but that's my assay of your issue.

Do not discuss your concerns widely with medical staff otherwise the word will get back to the neurologist and you'll never see them.
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Q: I went to ER for doctor-directed CT scan est. under $500.00. ER billed me $13,000.00. Can I fight this cost?

1 Answer | Asked in Health Care Law and Collections for California on
Answered on Aug 9, 2016

Yes, you can fight the costs, especially if you legally did not authorize them. At the very least, they should supply you with an accounting of the fees.
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Q: Can u sue a doctor for getting cellulitis after getting shots

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Answered on Aug 8, 2016

No. First, very difficult to show it was from the way they gave the shot. Cellulitis can come from many events. You can get it after poison ivy, for instance. Second, malpractice cases extremely expensive and liklihood you'd get an award greater than cost very small. But as you had a worse than average case, call a member of the Mo. Trial Lawyers Assn--assn for justice. They give free consults.
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Q: my wife is on disability social security but why does she have to wait 18 mths to get medicare ins

1 Answer | Asked in Social Security, Health Care Law and Public Benefits for Missouri on
Answered on Aug 4, 2016

A weirdness in the law that no Congress has bothered to cure. If you think it stinks, join those advocating for a change.

http://www.medicarerights.org/pdf/two_year_waiting_period_fact_sheet.pdf In the meantime, she should be eligible for

medical assistance.
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Q: If I settle before even filing a lawsuit, does medicaid have a lien on my settlement?

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Answered on Aug 4, 2016

The website is perhaps inaccurate. In most states the Department administering Medical Assistance does their own subro, as it's a state/federal deal. Both Medicare & Medical Assistance liens exist and must be paid out of settlement. With all due respect to the website you got the misinformation from, there are cases saying that you must aggressively pursue CMS and unless you are told in writing they are not asserting a lien you must assume they are and be prepared to pay them back.Further your...
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