Lawyers, Answer Questions  & Get Points Log In
Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law on
Q: my father died in hospital after a fall and banging his head while he was under their care

he was admitted with low blood pressure and dehydration so was unsteady on his feet he was then sent home to us with no care in place where he obviously deterioted to the point he was re admitted and the bleed on his brain was found ,,he died soon after 3/9/2020

his inquest was this week... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

I'm very sorry for the loss of your father. A state is not included in your post. Reach out to attorneys in your state (or the state where this occurred if it is a different state than the one in which you reside) who are experienced in medical malpractice law. Based on the brief description,... Read more »

1 Answer | Asked in Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: When an adult relative moves into my rent-stabilized unit, what do I say if the landlord asks how long they'll be here?

I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... Read more »

Elaine Shay
Elaine Shay answered on Sep 15, 2020

The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... Read more »

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Can a college in nys legally require you to get the rabies vaccine?

I’m enrolled in a vet tech program in nys and they are requiring that each student gets the rabies vaccine in order to get clinical experience.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

I am not certain of case law on the issue, but a private academic institution could assert that it has a legitimate basis for mandating the vaccine due to health and safety issues. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Are the statue of limitations gone for holding the hospital doctors liable for my moms death 2006 she was allowed to fal

The wing she was on was closed right after her fall she began bleeding internally and died lawyer told me no one would win against HCA corporation here in Tennesse

Mark Oakley
Mark Oakley answered on Sep 14, 2020

You are asking a statute of limitations question regarding Tennessee law, so you need to ask this for a Tennessee lawyer to respond to and not a Maryland lawyer. That said, most statutes of limitations are measured in a single digit number of years, on the lower end of the number scale (2-3 years,... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Wrongful Death for Hawaii on
Q: Hello, My 57 yr. old dad died from not having proper care from his Caretaker worker employed by Aloha Care in Hilo.
Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

I'm very sorry for the loss of your father. A Hawaii attorney could advise best, but your question remains open for three weeks. You could reach out to Hawaii attorneys to discuss further. An attorney could investigate the matter further and request records for review with a medical... Read more »

2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

View More Answers

1 Answer | Asked in Business Law and Health Care Law for Indiana on
Q: Can a local health department determine hours of operation on a define set of business and exclude others?
Tim Akpinar
Tim Akpinar answered on Sep 5, 2020

An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

1 Answer | Asked in Health Care Law for Missouri on
Q: I am an amputee with ongoing infection in my stomp I was recently sent to get an MRI and Medicaid refused it

I am currently in risk of having my lower limb cut above the knee. In the past when I've had infection I was able to get x-rays CAT scans and MRIs with no problem but this time they said since I didn't have a fever they denied me. Do I have a claim against Medicaid can I sue them for not... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Missouri attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal and frustration in obtaining vital medical care. If your denial is based on medical necessity, your primary care provider or the specialist who referred you for the MRI should be able to... Read more »

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
Read more »

1 Answer | Asked in Health Care Law for Nebraska on
Q: For the Hospital, ED or Outpatient protection ... is it wise to have patient sign the discharge instructions.

We are presently being steered away from this older practice and told that the typed in statement that "patient received discharged instructions and verbalizes understanding" is all that is necessary.

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Are you the patient? Are you the hospital or medical provider?

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Health Care Law, Consumer Law and Collections for Missouri on
Q: What is the statute of limitations for when a hospital presents a bill for services rendered which must be paid?

The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 21, 2020

You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.

What actions within five years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those...
Read more »

1 Answer | Asked in Health Care Law and Juvenile Law for Georgia on
Q: Can a minor child seek medical attention from a physician for sexually transmitted disease without parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 18, 2020

The answer is yes. However, the doctor may still contact the parent/legal guardian about the care or treatment the minor received.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

1 Answer | Asked in Health Care Law and Personal Injury for Washington DC on
Q: A long term care facility offering rehabilitation failed to provide rehabilitation for three months, injury was incurred

Neither physical rehabilitation nor assistive devices were received. Governor's order required all licensed physical therapists to continue to provide care during state lock down.

Tim Akpinar
Tim Akpinar answered on Aug 13, 2020

A Washington, DC attorney could advise best, but your post remains open for a week. Your post didn't include a question, but if you are wondering whether this could give rise to a legal cause of action, it could be a challenging case. You're looking at demonstrating damages that might... Read more »

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.