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Health Care Law Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law and Wrongful Death for California on
Q: My husband was missing I filed missing person's report the police found him. His brother took him off life support

Put a missing persons report out on my husband the police officer that called me back told me where he was I finally was able to get to call the hospital where he was at I found out his brother removed him off life support my husband and I have been in married for 11 years and I was not notified of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

more info is needed

anyone can sue at any time.

However, if the case is not strong enough a lawyer will not take it.

For instance:

What are your damages? did you seek the guidance of a professional after this happened? did the brother have a power of attorney? did...
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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury on
Q: This is regardingcommpensation for medical negligence at children’s hospital with my son

We were denied X-ray and told Ed was for emergency patients only as he had no fever. I told them he has lvl 3 autism and eats things other than food, had not eaten for over a month could hardly walk & was going grey. Next morning I took him to Chermside hospital as he was worse & also... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

I'm sorry for the ordeal your family has gone through here. However, if you are talking about Victoria, New South Wales, this forum might not be able to offer meaningful guidance. This is for basic questions involving U.S.-based matters.

Although you posted under med mal, your matter...
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1 Answer | Asked in Business Law and Health Care Law for Michigan on
Q: Operating a diagnostic ultrasound facility in Michigan

Hi,

I was thinking about opening a small diagnostic ultrasound clinic in Dearborn, Michigan. I am an experienced sonographer with more than 10 years of experience. I want to cater to clients/patients who will be self pay. I will not be billing insurance companies. I wanted to know what the... Read more »

Michael Zamzow
Michael Zamzow answered on Sep 17, 2021

You will likely need to seek out an attorney who has experience in health care law. I would inquire about whether or not a sonographer can operate independently, the type of license a diagnostic facility requires, and whether or not a diagnostic facility needs a physician in a director role. And, I... Read more »

3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

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1 Answer | Asked in Health Care Law for Ohio on
Q: My biopsy was canceled because the hospital didn't have the right equipment there. Do i have grounds to file a lawsuit

I was checked in and taken back to the pre-op area.i had changed clothes and in the bed when i was taken to another area of the hospital and informed that my surgery was canceled because they did not have the right equipment there.

Andrew Popp
Andrew Popp answered on Sep 10, 2021

I do not see an actionable claim based upon these facts. If you were harmed or charged for this you may have some minimal recourse, but it sounds like the hospital did the right thing overall. Maybe if you traveled a long way and incurred significant costs, the hospital should reimburse you if... Read more »

1 Answer | Asked in Child Support, Family Law and Health Care Law for New York on
Q: I need a question answered regarding health insurance coverage for my child after a divorce

My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Criminal Law and Health Care Law for Louisiana on
Q: If my name is on a global watchlist as reinstated, would this prevent me from getting an exspungment?

I have a misdemeanor from 2004 for unlawful alcohol sale and I just got reinstated no arrest for pretrial for Medicaid fraud. I was told my name will stay on the list ten years. Can I get my records clear or do I have to wait ten years?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2021

Your question is not clear. I guess you are trying to say your license to sell alcohol has been reinstated. "No arrest for pretrial for Medicaid fraud", means what? Does that mean you are out on bond with a misdemeanor charge pending? Call a criminal attorney to clarify your question.

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael Pagan
Rafael Pagan answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... Read more »

2 Answers | Asked in Health Care Law, Employment Law and Employment Discrimination for California on
Q: My mental health breaks may cost me my job.. I’m not sure if they are supposed to count against me?

Recently diagnosed with bipolar 2. Have been having huge episodes happening and 1 recently while on break at work. I am taking a 2nd mental health day to try and get all this under control with my meds. My position has a rule of no more than 3 incidents (absence) within 6 months. This would be my... Read more »

Brad S Kane
Brad S Kane answered on Aug 31, 2021

If you qualify for the California Family Rights Act or the Federal Family Medical Leave Act, those mental health breaks should not count against you, if you get a certification of your need for intermittent leave from your doctor.

In order to qualify, you must have worked 1,250 hours in...
Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Alaska on
Q: Can I sue for improver covid isolation and obligated to return to work being covid positive? I'm not feelin well.

I work for a cannery in Alaska 16hrs shifts, they provide food and room. They hire us from out of state. I tested positive last month and this month again due to a roommate having covid. I have chest pain and can't return to work and I still have covid. tested positive three days ago. I... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2021

This is something that an experienced workers' comp attorney should advise on, but your question remains open for two weeks. COVID has introduced new issues in the workers' comp sector, so it would be best for you to reach to an experienced attorney. Many law firms in this field offer... Read more »

1 Answer | Asked in Civil Rights, Health Care Law and Landlord - Tenant for New York on
Q: I have postural orthostatic tachycardia syndrome which limits my mobility. I contacted my APT which denied a request.

When contacting the APT they claimed that I would have to get a handicap pass and then use those spots which I told them that I did not need a spot within 200ft and just need it in the front lot compared to the back lot which is much further

Tim Akpinar
Tim Akpinar answered on Aug 27, 2021

This is something that only the experienced landlord-tenant attorneys here are qualified to advise on. But your post remains open for three weeks, and you have a medical condition that is creating a hardship for you. You could reach out to the landlord-tenant attorneys here (using the Find-a-Lawyer... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: A judgement was made with out my knowledge on 2010, October 12 3:56Pm in NY for a hospital bill.

I was never served a summons or notified about this bill for a hospital. I left NY in November 2010 to move to Georgia So a judgement was passed on October 12th 2010 and I am just now finding out about this. Do I have to pay this? Is this even legal?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2021

What does this have to do with Florida law? Ask your question at Justia > Ask a Lawyer > New York.

1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

Depends

Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: Doctor I saw after my surgery lost my files and pics from my surgeon. Didn’t contact me prior, didn’t save in system.

I brought them in organized in a folder. When I tried inquiring about it, they kept saying they would look for them and call me back. They didn’t call back and lied and said I didn’t leave a voicemail when I have record of the call. They mentioned early on if they needed to reprint some of the... Read more »

Virgil Royer
Virgil Royer answered on Aug 4, 2021

Very sorry for your experience. It is not a good feeling to have your records destroyed by those you expect to protect them. Is there a way to obtain these records again? You said that you brought in an organized folder, so I assume that you had copies obtained from another healthcare provider? If... Read more »

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