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1 Answer | Asked in Personal Injury and Health Care Law on
Q: Last month went to Princess Alexandria Hospital & I had a training team botch a bilateral biopsy causing a "hametoma,"

Do you do any medical malpractice complaints regarding deliberate missdiagnosis causing a delay in incorrect treatment?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

I'm sorry for your ordeal. Could that be the Princess Alexandria Hospital in Harlowe, UK or Brisbane, Australia? If so, you could reach out to local attorneys/solicitors where you are located to discuss further. You haven't reached a law firm here (your question suggested you might have... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

1 Answer | Asked in Health Care Law for Rhode Island on
Q: Would I get penalized for not having health insurance for 2 months in Rhode Island due to affordability problems?

I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.

Albin Moser
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answered on Feb 5, 2025

The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her...
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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Texas on
Q: In Texas Can Nurse practitioners see patients, treat and prescribe without a DR present?

Theres a Clinic, the Dr listed on the paperwork does not actually practice in that clinic or near the clinic. Does not even reside within 100miles of this clinic. From what i have read, this is wrong and against Texas Medical Board rules. Is this correct?

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: Does Ohio Medicaid estate recovery have the right to back charge from the beginning of service

my father had Medicaid for approximately four months and passed. The estate recovery is seeking anything since the beginning of treatment. He did not have any major assets besides little money in his account and two old vehicles they are requiring that one of his children pay this back can you... View More

Andrew Popp
Andrew Popp
answered on Jan 18, 2025

Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: My son is borderline retarded I have medical papers from doctors that say he is yet here in my town the cops are all way

Locking him up. What can I do

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Law enforcement officers cannot arrest and jail an individual without probable cause that individual has committed a crime. An individual is not excused of criminal responsibility for his actions because of borderline mental retardation. He would only be excused if he met the legal definition for... View More

2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: What recourse do I have for an ER visit that included HIPAA violations false documentation, and inadequate care?

I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 13, 2025

In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Stephen Bilkis
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answered on Feb 3, 2025

I'm sorry to hear about the difficulties you are facing with your medical records and your health. Accessing medical records is an important step in addressing concerns related to a surgery, particularly if you believe medical negligence occurred.

Under New York Public Health Law §...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 14, 2025

Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Health Care Law for New York on
Q: 'Facility Fee' of $1,500(!)

Hello,

I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More

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1 Answer | Asked in Business Formation, Business Law and Health Care Law for Alabama on
Q: I’m an RN and want to start a mobile wellness business. I know IV hydration is out but what other services can I offer?
David Trice
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answered on Jan 6, 2025

Having a good compliance contact is necessary when starting your health wellness company. I have had clients succeed in starting their own physical therapy company, and RNs and CRNPs start their own telehealth / employee benefits wellness program. A growing opportunity for RN is partnering with... View More

1 Answer | Asked in Wrongful Death and Health Care Law for Washington on
Q: If a building was demolished in 2017 asbestos was found 4 people that worked there have died from cancer, what can I do?

Believe asbestos & other hazards found in demolished school has caused multiple cancer related deaths of individuals that worked at this school and unknowingly affecting other staff and students who attended. Needing help to figure out where to go with these concerns so the people/ school... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

Although seven - eight years have passed since the absestos affected the people, there may still be a possibility of a lawsuit if the connection to the events in 2017 with the cancer was only recently discovered.

Because the defendant will be a public entity (school) and perhaps one or more...
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1 Answer | Asked in Medical Malpractice and Health Care Law for Texas on
Q: I need to know the patent to delete medical records.

Misleading fraud accusations defamed computations.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney...
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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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1 Answer | Asked in Health Care Law for New York on
Q: Someone made a therapy appointment for me without my knowledge or consent to a company I have not used in 3 years

I have not been to this therapist or company in three years nor do I even live in the same state it’s in. Unsure if it’s a family member, or the company themselves scheduling the appointments.. as the company is known for only trying to get as many clients and as much money as possible. Can I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2024

Yes, it's possible you could sue, or at least accomplish a cease and desist to the conduct. First try to learn what the situation is, whether it is on the part of the medical office or someone harassing you. In the meantime, until you are able to determine the source, monitor your monthly... View More

2 Answers | Asked in Legal Malpractice, Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 13, 2024

This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More

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