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Health Care Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... Read more »

1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

2 Answers | Asked in Health Care Law, Libel & Slander and Personal Injury for Michigan on
Q: Reception at hospital loudly/publicly discussed my medical care, finances, my injury, payment history, and my looks.

They checked me in and I sat in the waiting room with others. They were commenting on how much I paid on my bill that day, how is the hospital would never see another penny, The fact that I was getting fake teeth (previous boating accident facial trauma) and that it wouldn't help anyway, how... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Michigan attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. You could continue to await a response, or you could consider reaching out to a local attorney to discuss, also looking into whether any state laws apply here. Good luck

Tim Akpinar

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... Read more »

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

1 Answer | Asked in Health Care Law, Libel & Slander, Medical Malpractice and Personal Injury for California on
Q: Can a Hospital remove and seal your medical records from you and a lawyer and the courts?

I am a victim of the Talc Powder lawsuits. I underwent a total hysterectomy, there were post operative complications. The doctor who preformed the surgery was brought up on 2 malpractice lawsuits that I knew nothing about. Resultantly being fired from the hospital and loosing the benefit of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

your lawyer should address this issue for you.

it is not something you should be responsible for doing.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Where in this Code is the Time Frame of allowance 2 years Post Care ? Thx
Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Time frame of two years post care for what--a claim? Insurance? you need to give us a bit more informtion.

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... Read more »

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1 Answer | Asked in Family Law, Health Care Law and Nursing Home Abuse for North Carolina on
Q: My beloved brother of 49 yrs suffered a stroke Jan 7,2021and was discharged today. He requires 24/7 coverage. I need to

Take care of my brother and become his conservator. How can I make this happen?

Ben Corcoran
Ben Corcoran answered on Feb 22, 2021

In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Michigan on
Q: I live in Michigan. Can I have my aunt hold on to my prescription of norco for me since I think roommates steal them?
Brent T. Geers
Brent T. Geers answered on Feb 18, 2021

It's not advisable. It's actually illegal to be in possession of prescription medication not your own. Will the police break down your aunt's door looking for it? Probably not unless she has her own legal issues. But it may not be worth the exposure risk.

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if someone went through chemo and ending up kick out

my wife had Lymph done brutal chemotherapy at City of Hope California Durate those place they treat my wife horrible even those my wife and I are disability as deaf. in 5 year my wife made it through but not the same person that I know so in two year have been checking on her making sure her cancer... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 14, 2021

A California attorney could advise best, but your post remains open for three weeks. I'm sorry for your wife's and your ordeal here. It would be difficult for an attorney to advise based on the description here - it appears to be a complex matter that took place over a long time period.... Read more »

1 Answer | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: What are the requirements for hiring a healthcare worker example “ecg technicians” for a Telehealth company?

Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?

V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2021

Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.

When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,...
Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Virginia on
Q: My employer's insurance wants my entire medical record to file my back injury claim. Do I actually have to give that?

I am a healthcare worker who was exposed to an aggressive patient who caused a repetitive stress injury to my back over the course of my shift. I filed an incident report before clocking out and went to the doctor immediately, and due to timely intervention was back to baseline within a few days.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 3, 2021

I'm sorry about your injury. An experienced workers' comp attorney should answer your question, but it remains open for five weeks. As a GENERAL doctrine of insurance law in virtually any setting, insurance carriers generally have the right to request prior medical/accident records that... Read more »

1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Are we able to sue to doctor for the recommendation he gave that damager my Fiancé permanently?

My Fiance back in October was rushed into the hospital for sever appendicitis. The doctor told my Fiance she needs to wait a couple months before getting the appendix removed. We asked if waiting will cause any complications. He said no just that you are prone to appendicitis now. We just moved to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 29, 2021

I'm sorry for you and your fiancé's ordeal. Given the basic and general format of this Q & A board, it would be difficult for an attorney to advise meaningfully, as this is a complex matter that would involve a file review and opinions from medical professionals. You could reach out... Read more »

1 Answer | Asked in Car Accidents and Health Care Law for Kentucky on
Q: Please help!! According to “NBC” I have a very rare situation on my hands and am concerned for my future health.

The pharmacist I use denied to fill my rx because she did not feel “comfortable” filling it and told me to have it transferred to another pharmacy. Because it was a new rx I would need to call my doctor to have them call it into a new pharmacy. Before calling my doctor I called another pharmacy... Read more »

Timothy Denison
Timothy Denison answered on Jan 28, 2021

It appears that there is no recourse against either the pharmacist or the doctor.

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Georgia on
Q: How can I get custody of my 13 year old her parents abandoned her. She needs mental health help

My niece is 13 years old she has been living with me 4 years now. Her parents moved out of state without her. She wants to see a therapist because she is depressed. They won't give me a paper stating that I can get her medical attention. I can take her to all other doctors appointments except... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 25, 2021

Contact an attorney about filing for emergency custody or a depravation case in juvenile court.

3 Answers | Asked in Estate Planning and Health Care Law for Ohio on
Q: Will durable powers of attorney for Missouri be honored in Ohio?
Mark Martin Turner
Mark Martin Turner answered on Jan 22, 2021

As a general rule yes. I do not practice law in Missouri but unless the POA in that state materially differs from those in Ohio they will and should be accepted by Ohio under the full faith and credit clause of the constitution. I am assuming that the POA does not limit itself to only Missouri... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: can a 16 yr old kid be examined without a guardian present. and do they have to let guardian know what is determined.

an pec was signed for a 16yr old kid

Douglas Lee Bryan
Douglas Lee Bryan answered on Jan 22, 2021

Generally, there are certain instances a minor can be examined without a guardian present. The facts of each case would determine whether this could be done. And yes, the parent or legal guardian is usually entitled to have access to that information, absent some limited exceptions (such as a... Read more »

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