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2 Answers | Asked in Elder Law and Health Care Law for New York on
Q: How can I get help to obtain Power of Attorney for my Mom that is currently in and out of a nursing home and hospital?

My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 4, 2020

To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for Utah on
Q: I was in a severe rollover accident where a passenger in my car died and I had to be extricated. The EMS at the scene

did not assess me at all at the site of the crash despite having a obvious head injury, forced me to stand up immediately after being trapped upside down in the vehicle with major intrusion into the cab from the roof, used the backboard that they had with them to cover a barbed wire fence so that I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Utah attorney who is familiar with standard operating procedures and protocols followed by first responders in such situations could advise best, but your post remains open for two weeks. To make a meaningful assessment, an attorney would likely need to know the EMS crew's account of events.... Read more »

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Kyndra Mulder
Kyndra Mulder answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
Read more »

1 Answer | Asked in Health Care Law and Personal Injury for Maryland on
Q: My grandma lives in an elderly care facility and she falls at least twice a year. Can we sue for negligence?

Her most recent fall was yesterday. She's had other falls that she's need stitches for as well.

John Mesirow
John Mesirow answered on Nov 23, 2020

You would have to provide a lot more information for a personal injury lawyer to be able to make even a preliminary determination. The hard truth is that elderly people fall frequently, without anyone being negligent. There are lawyers who handle a lot of nursing home negligence cases (I'm not... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... Read more »

Kristine Jones
Kristine Jones answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Family Law and Health Care Law for Nebraska on
Q: Who has authority over dying father adopted eldest or biological
Julie Fowler
Julie Fowler answered on Nov 22, 2020

As long as the person is competent, they get to make their own decisions. If the person becomes incompetent, then the person set forth in their power of attorney would get to make legal decisions for them. If these documents aren't in place, then the person who wants to become the legal... Read more »

1 Answer | Asked in Health Care Law for Minnesota on
Q: Mental health case. Of adults positive reinforcement psychology. Care
William Bailey
William Bailey answered on Nov 20, 2020

This doesn't make sense. Try posting again and include a question.

1 Answer | Asked in Personal Injury and Health Care Law for Rhode Island on
Q: I had a my index knuckle replaced in 2015. It failed in 2019...broke. How many others have failed...his patent???

Doctor has patents on replacement joints. I have 2. Index failed in 4 yesrs...in retirement.

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Rhode Island attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal involving the joint failure. To make a meaningful assessment, an attorney would probably need to review your records with a medical professional - and possibly a biomedical engineer.... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

1 Answer | Asked in Health Care Law for New York on
Q: Do I need to pay the bill for a wrong diagnosis done in hospital pediatric emergency?

This was when we were on a trip to new Jersey. My toddler kid who can't even speak had a nursemaids elbow (elbow dislocation). The emergency doctor did not even touch her to see what's wrong, ordered x-ray of the shoulder and that too the wrong shoulder and said everything is ok. The kid... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2020

I'm sorry for your ordeal with your child's elbow dislocation. This does not appear to be something on which an attorney could readily offer a quick "yes" or "no" answer. Although you say the hospital did not do the right thing, it is possible that their version of the... Read more »

1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... Read more »

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Social Security for Minnesota on
Q: Can I sue a med clinic/neuropsychologist for misdx of Early Onset Alz & not releasing med records to Mayo for tx?

Neuropsychologist told me I had Early Onset Alzheimer's (runs in my family), that I couldn't work anymore or be able to learn any new training/job. She later changed her report to say I had Mild Cognitive Impairment, Amnestic Type.

I went to Mayo in Rochester for a 2nd opinion... Read more »

Brad A. Thomas
Brad A. Thomas answered on Nov 9, 2020

If you have a scheduled hearing coming up then you need to find a disability attorney as soon as possible because going to a Social Security Disability hearing on your own is not a good idea. You can use the "Find a Lawyer" tab at the top of the page, or call NOSSCR Lawyer Referral... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: What is the easiest way to research NYS Public Health Laws Put a section number in and all the amendments come up?

Have been searching on NYS ASSEMBLY and NYS government sites Is there an easier way?

Tim Akpinar
Tim Akpinar answered on Nov 4, 2020

It looks like you already tried the New York Senate site under Laws of New York/Consolidated Laws. There is a section here on the Justia site - you may need to verify with Albany or other sources on your own as to whether the provisions are the latest, as they say 2019.... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Colorado on
Q: How do I find a pro bono or sliding scale attorney to deal with long term disability claim against lg insurance company?

I have had an illness for months but specialist is still seeking diagnosis. Short term disability has been exhausted. Long term disability company is asking me to sign medical release for entire medical record and waive HIPAA in addition to other seemingly inappropriate questions that have nothing... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Colorado attorney could advise best, but your post remains open for two weeks and you mention needing help quickly. One option is to start reaching out to attorneys who handle disability claims. Many attorneys in that area provide free initial consults - that's between you and the attorneys... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Why are there no lawsuits against dilantin? My bones are breaking, they never warned about that, even when they had info

Why are there no class action lawsuits against pfizer for dilantin? I grew up on it, they warned me about birth defects before I was old enough to get pregnant. My bones are breaking, they never warned me about that. Drowsiness, liver probs, they mentioned, but not bone density. I think I could... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2020

A California attorney might be able to advise best, but your questions remain open for two weeks. I'm sorry for your ordeal. It appears that law firms are holding themselves out for such suits - you could reach out to them to find out if their advertisements reflect their current disposition... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: My dad is showing signs of dementia and my mom is in denial

Mom says that dad sundowns and is becoming aggressive by being verbally abusive towards her. My mom depends on a walker to get around, she insists she is fine and can take care of him. I feel they need a live in nurse or be put in a home. My mom won’t hear of it. Will I be held liable if... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 28, 2020

While you may not be financially liable, you may find it hard to live with the consequences. At some point your father may lack legal capacity to decide where he lives (among other things). If a physician completes a Physician's Certificate of Medical Examination showing that he lacks total... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: the Er put me at risk by not looking at test results they had in hand the same day but called me 4 days later to come

The staff had triaged me, had all the test results in hand, had the ekg in hand, had used one of those finger tip pulse/oxygen things a couple of times. My heart rate was at a 29-32 they sent me home and a cardiologist finally read tithe ekg 4 days later that is when they called me to come back in.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to med mal attorneys to discuss the matter in greater detail, including the extent of damages you suffered. If an attorney felt there might be a basis for a case, they could request... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: How to become spouses power of attorney

Spouse in Nursing home due to stroke

Moshe Toron Esq
Moshe Toron Esq answered on Oct 23, 2020

If she is able to sign her name and is aware of what she is doing, then she can sign a power of attorney form that grants you power of attorney.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Georgia on
Q: Can a hospital billing office refuse to contact an insurance company directly over a problem with the claim?

So my father had surgery in March to reverse is ileostomy, and the insurance company says that the provider listed on the claim was incorrect. They want the hospital billing office to contact them directly. However, the billing office simply says "we don't do that". So we are stuck... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 23, 2020

A Georgia attorney could answer best, but your post remains open for three weeks. Until you are able to consult with a local attorney, one of the things you could look into is the correct information for the provider. Although any large hospital has its inhouse billing/collection operations, there... Read more »

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