Health Care Law Questions & Answers

Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Pennsylvania on
Answered on Apr 23, 2018
Cary B. Hall's answer
Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.

If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong and have nothing to hide, then -- as they say -- the truth shall set you free.

If you are charged criminally, however -- and I hope you won't be -- I'm happy to discuss the specifics of your...
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Q: Can you define what the IRS looks for with regard to a doctor's certification of chronic illness

1 Answer | Asked in Tax Law and Health Care Law for California on
Answered on Apr 20, 2018
Frank Huerta Jr's answer
I would suggest you ask the doctor to modify the notes or write a specific note regarding the need for supervised care. It is unlikely the IRS will want to examine patient medical records. In most cases, correspondence from the treating Physician will suffice.
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Q: Egg donation. I don’t want to continue I have not gone to the second stage. I have not signed a contract.

1 Answer | Asked in Health Care Law for Florida on
Answered on Apr 16, 2018
Terrence H Thorgaard's answer
If you have not signed a contract, it is doubtful that they can allege a verbal contract and therefore sue you for damages.
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Q: If I went to an emergency room with my girlfriend, can I discuss her medical ailment or condition with close family?

1 Answer | Asked in Health Care Law for Florida on
Answered on Apr 12, 2018
Terrence H Thorgaard's answer
There is no law prohibiting you from discussing the situation with family members. HIPAA rules only pertain to medical professionals.
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Q: Can someone turn themselves in to State Hospital instead of jail?

1 Answer | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Answered on Apr 9, 2018
Roy Lee Warren's answer
In my experience they can turn themselves in to the hospital but unless the court places a hold on them they will not get credit for the time they serve. I think you would be better off hiring a lawyer to work that deal out beforehand. Good luck to you.
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Q: My ex husband had a health care appt and his account was linked to my email. I called and cancelled his appt.

1 Answer | Asked in Health Care Law for New Jersey on
Answered on Apr 9, 2018
H. Scott Aalsberg Esq.'s answer
Yes he does have recourse, the probable cause would be harassment. If charged get a lawyer and don't post anything on the internet which can be considered a confession, like this post.
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Q: Can someone turn themselves into state hospital instead of jail?

2 Answers | Asked in Health Care Law, Criminal Law and DUI / DWI for Texas on
Answered on Apr 8, 2018
Grant St Julian III's answer
If the warrant in question is not a mental health warrant, a State hospital has no basis to admit or keep you. Call an attorney in the County where the warrant is pending.
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Q: I have been terminated by my physician. No reason was given. what are my options?

1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Answered on Apr 4, 2018
Arthur Calderon's answer
Your best bet would be to contact an attorney experienced in medical malpractice to discuss your case. Like any relationship, the one between a doctor and their patient may be terminated by either party. The issue in your case is whether there is a continuing duty on the part of the physician to continue providing care while knowing that you require ongoing care.
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Q: My room mate went to the hospital suddenly do to a massive heart attack and ended up needing immediate heart surgery.

2 Answers | Asked in Health Care Law and Criminal Law for California on
Answered on Apr 4, 2018
Louis George Fazzi's answer
You can start by going back to that hospital to their billing department and correct the record there. Make sure that you provide them accurate information concerning you and your own family, and tell them at the other person was only a roommate and is not a relative. I don’t know what kind of impression you made on the person who signed your roommate up, but you have to be careful to make sure that you are not related to the roommate who needed the heart surgery.
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Q: I owe $7000 in medical debt. We agreed to a 3 year payment, $208 a month. If I only pay them $10 a month, can they sue?

1 Answer | Asked in Consumer Law, Business Law, Collections and Health Care Law for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
Yes. If you breach your agreement they can sue and probably will.
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Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

1 Answer | Asked in Employment Law, Workers' Compensation, Appeals / Appellate Law and Health Care Law for Texas on
Answered on Apr 3, 2018
S. Michael Graham's answer
Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney. Good Luck.
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Q: Is it legal for an employer to only give 24 hour health insurance paperwork turnaround time? We had no time to look

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Washington on
Answered on Apr 2, 2018
Christian Lassen's answer
You can complain to the HR Department
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Q: Is it a HIPAA violation for my employer to ask "What kind of surgery is your son having?" My son is a minor.

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Answered on Mar 28, 2018
Matthew Williams' answer
HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.
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Q: My brother has been placed in a assisted living facility can I get him moved?

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Answered on Mar 22, 2018
Andy Wayne Williamson's answer
Unless you get his wife's permission or obtain either Power of Attorney over him or get guardianship over him, no.

I suggest that you speak with a guardianship attorney in the area where he is in the facility to get a detailed analysis.
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Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?

2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on
Answered on Mar 19, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.
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Q: I'm a 20 year old Canadian Citizen. My dad filed for my US green card last year however; I'm transgender.

1 Answer | Asked in Immigration Law and Health Care Law on
Answered on Mar 15, 2018
Hector E. Quiroga's answer
It shouldn’t really matter. Your gender does not change the fact that you are his child. We recommend that you determine whether it is possible to get an amended birth certificate from the civil authorities that reflects the change and take that, along with the original one, to your interview.
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Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Answered on Mar 13, 2018
Eric Todd Kirk's answer
You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.
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Q: if a 16 year old female is pregnant and her mother is trying to get rid of her ob dr could she file for emancipation

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
Ohio does not permit emancipation in that circumstance. Here is more information:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
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Q: How do courts split the cost of health care?

2 Answers | Asked in Divorce, Family Law, Child Support and Health Care Law for Illinois on
Answered on Mar 2, 2018
James G. Ahlberg's answer
There is no magic answer. Whatever you agree on or a court orders is the "correct" answer.
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Q: Medical provider gave Personal Health Info to at fault party insurer. Does this violate patient privilege in Nevada ?

1 Answer | Asked in Health Care Law for Nevada on
Answered on Mar 1, 2018
Kevin Christopher Murphy's answer
Yes, if there was an over broad production that didn't involve anyone in the accident and/or protected info. You can report the provider to the Medical Board and pursue a HIPAA violation claim but those are very difficult cases. Good luck!
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