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Health Care Law Questions & Answers
2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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3 Answers | Asked in Personal Injury and Health Care Law for California on
Q: I caught an insect in my motel room where I've been staying for a week this morning ad I believe it's a kissing bug

Do I notify the manager of the motel? I already filed online report with public health services

William John Light
William John Light answered on Dec 1, 2019

Yes, you should notify the hotel management. You should also take photos of the bug and of any bite marks, if any. If you’ve been infected with the Trypanosoma cruzi parasite, you might have a claim for personal injuries if the hotel knew or had reason to know of an infection by that insect.

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Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an unrelated service. As a... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what was... Read more »

1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »

William John Light
William John Light answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

1 Answer | Asked in Divorce, Family Law, Health Care Law and Insurance Defense for North Carolina on
Q: Wife and I are separated. Her employer had open enrollment for insurance. Do I have to carry her on my ins. still?

North Carolina. We have a child together and I will be carrying him on my insurance.

Adam Bull
Adam Bull answered on Nov 21, 2019

Generally yes, until there is a divorce decree or other court order addressing the issue.

2 Answers | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: Does my situation merit contacting an attorney, contacting law enforcement or both? Whom else should I contact?

I asked a surgeon to inject dermal filler into my lips. Instead of the usual technique of injecting fillers, he proceeded to do eight rapid stabs in the area around my lips. Nothing was injected, nothing could have been injected. He put a gauze bandage wad over my mouth and told me to apply... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 19, 2019

You could have a medical malpractice case. What are your damages? It's probably something you will have a very hard time finding an attorney to help you with. But you should report them to whatever agency over sees such activities.

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1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

1 Answer | Asked in Estate Planning, Real Estate Law and Health Care Law for Massachusetts on
Q: What is a special needs trust?

I am legally blind and my husband needs to go into a nursing home due to a stroke. We own our house, Is there any way we can use the equity to pay nursing home costs. I am 86; he is 87

Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

You REALLY should schedule a consultation with an elder law attorney. You might be eligible to have the government pay for his nursing home costs WITHOUT having to sell the house.

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: The E. R i was at without written or verbal consent contacted the surrounding hospital with my name, diagnoses,to not tr

After seeking medical attn. From the e.r for sever abdominal pain.i also before being offered or asked denied any pain and all pain medication.i also informed them that the almost dibilitating pain i was encountering seemed to me like a kidney infection was present! I also informed them that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

I'm sorry for your ordeal here between the two emergency rooms. A Colorado attorney could advise best on privacy issues here regarding medical records, as those could involve elements of state law. But your post remains open for two weeks. It is very fact-intensive, and difficult for an attorney to... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries by... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you probably already... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Is it legal for a hospital to require a copy of our Federal income tax return when I am paying faithfully every month?

I have already provided copies of all our income, including bank statements for both our checking and savings accounts, copies of our Social Security allotments, and current copies of all our monthly checks from our retirement and financial investments for IRAs, etc.

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

An Oklahoma attorney could answer you best, as insurance practices are governed by state law. But your question remains open for two weeks. As a general matter, if someone is paying full fare for insurance coverage, they shouldn't have to disclose personal financial information. If their plan is... Read more »

1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you first... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Alabama on
Q: How can insurance companies keep lowering pain management for long term pain mngt patients until quality of life suffers

I had my first spine surgery at age 19 and many more,some botched over the years I turn 50 in a few days. Over the years I've had many pain mngt procedures, medications, and not a whole lot of pain relief. I finally got good pain mngt Dr. approx 16 yrs ago who gradually raised my meds until I felt... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

An Alabama attorney could address your issues best, as insurance is governed by state law. But your question remains open for two weeks. I'm sorry for your pain and frustration here. This sounds like something to take up with your doctor. While the pain management philosophies of your insurance... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... Read more »

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... Read more »

Greg Mansell
Greg Mansell answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

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1 Answer | Asked in Health Care Law for Tennessee on
Q: What happen if the doctor said my baby will get 4 shots,but when a nurse come with only 2 shots,so is that correct?

this is the second time make me concerned about the vaccine,my nephew went to different doctor and he got 4 shots,but my baby only got 2,i just want to make sure my baby got enough vaccines for living healthy,

Bennett James Wills
Bennett James Wills answered on Oct 30, 2019

This is a question for your doctor.

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