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2 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: my case started june 11, 2018, i was dismissed on june 23, 2018 for something i dont really know. i have the disc/

i had an extreme slip and fall at the bflo airport; had every single page of whats needed by SIMON AND SIMON; because i live in florida; they kept me hanging for 11 months and i thought we were ready to finish; my gosh the poking and prodding and testing, mris, physical therapy which made things... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 27, 2020

You are writing from Fla., and therefore being seen by Fla. attorney looking out for Fla. cases. However, since the accident happened in New York, you need a New York firm to handle it. Is that where Simon & Simon is? If not located there, the firm you signed up with would have had to co-counsel... Read more »

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1 Answer | Asked in Employment Discrimination and Health Care Law for Kentucky on
Q: Our hospital is closing Mercy health took our sick time and froze it, they knew in December they were closing

How can we get our money? thanks

Timothy Denison
Timothy Denison answered on Jan 25, 2020

File a complaint with the Kentucky Department of Labor.

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social services... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Kentucky on
Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.

I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss... Read more »

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia >... Read more »

1 Answer | Asked in Elder Law and Health Care Law for New York on
Q: CDPAP, if PA's are independent contractors, why do FI's withhold taxes? CDPAPvs. Zucker,10/11/19, what was decided?

In the matter of CDPAPvs. Zucker,10/11/19

in layman's terms, what was decided?

Does this decision affect the status of the PA as an independent contractor vs. an employee?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 14, 2020

The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.

This had nothing to do with...
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1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: I was wrongful terminated on 6/27/19I've work in the same place 8yrs is it to late to look into doing something about it

Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.

1 Answer | Asked in Health Care Law for Texas on
Q: If I cure every disease possible and I can prove it and I need help distributing it

I have more information if your interested

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 14, 2020

You haven't asked a question. If you are able to cure every disease then you should get a patent as soon as possible.

1 Answer | Asked in Health Care Law for Indiana on
Q: Can you send only what you can afford on a hospital bill
Tim Akpinar
Tim Akpinar answered on Jan 13, 2020

You'll hear people say that all the time. A more prudent approach might be to contact the billing and collections department of the hospital and explain your situation and see if you could negotiate for reduced payments. If you simply take it upon yourself to reduce payments to some arbitrary... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

1 Answer | Asked in Consumer Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Is there anything I can do to at least reduce the bill?

My insurance dropped me because I “make too much money” but I never received the notice they said the mailed me. So I had gone to the ER and now I have a $4000 hospital bill. The insurance company said I can’t file a complaint because I am no longer insured under them and the insurance... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 1, 2020

The hospital should have a process where you can apply to have the bill reduced. Call the hospitals billing department

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Michigan on
Q: hello, 2 years ago after my surgery I was mistreated by a nurse at henry ford

had half of my left lung removed, so have a good size scar on left side. surgery went well. however it was the treatment I received in recovery that has my concern. I was treated horrible only way to describe it is as a dog. a day and a half after my surgery I was moved to a private room. a step... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

I believe I may have answered this question previously because the facility name seems familiar. My response was that although you suffered a painful and aggravating ordeal post-op, you mention that the surgery went well. Med mal cases are generally based on a breach of duty. As a practical matter,... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: So my mother dying in the hospital she has type 4 of cancer nothing helping her

So she want to put every house she has under my daughter name how can she do it in the bx so nobody can try to sell the house

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

I'm sorry for your difficult situation. Your question remains open in the Health Care category; you might have better chances of getting a meaningful response in the Real Estate category. You could try reposting there, or you could simply reach out to New York real estate lawyers on your own. Good... Read more »

1 Answer | Asked in Health Care Law for Missouri on
Q: Can a hospital knowing withhold information from a Patient if they do a test and find out that surgical equipment

Surgical equipment left in the body

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

They have an obligation to disclose that information; request a copy of your medical records. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Utah on
Q: my wife was injured under the care of state hospital what can i do?

My wife is has a civil commitment under the care of the Utah State Hospital has been assaulted three times by the same patient and now today i learned the on of the hospital staff has broken her ribs and they are doing nothing to treat her. What should i do to remove her from the situation

Tim Akpinar
Tim Akpinar answered on Dec 13, 2019

I'm sorry for your heartbreaking situation. Your question remains open for four weeks and you don't need anyone to tell you to contact a Utah attorney to discuss this dire situation. I can't speak for public facilities in Utah, but please be aware that as a general rule in many jurisdictions,... Read more »

1 Answer | Asked in Estate Planning and Health Care Law for California on
Q: Can funds from sale of land/vehicle be used to pay sister's debts (credit cards) then qualify for Medicaid? Options?

My sister is in a rehab center due to a stroke (occurred in July this year). Wish to move her to Florida, to be closer to family, where she will remain in a rehab center to continue her recovery process. I applied for Social Security Disability and SSI on her behalf and of course looking to qualify... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

Yes in general funds from the sale of assets can be used to pay debts but you really should schedule a personal consultation with a local elder law or special needs attorney because there are exceptions to every rule and you want to be certain. Her individual circumstances need to be reviewed. For... Read more »

1 Answer | Asked in Health Care Law for Nebraska on
Q: I had back surgery Nov. 30, 2018. My insurance company denied a portion of the fees stating it was experimental.

I was preapproved for the surgery, but surgeon used different technique and device than what was preapproved. Do I have grounds to fight this charge ($8,956)?

Julie Fowler
Julie Fowler answered on Dec 9, 2019

There is often an administrative appeal procedure that you can make to your insurance company when a claim that you thought would be pre-approved and covered was denied. The hospital or facility also wants to get paid so they may be willing to assist with this appeal. Sometimes a good place to... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Can my dentist bill me for amount insurance is claiming not covered after I signed a comp. screen agreeing to a price

I signed an I pad agreeing to pay a certain amount and now I have received a bill in the mail 6 months later for $400 they are claiming the insurance didn't cover. Do I have any legal ground to refuse to pay and how do I go forward?

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

I would have liked to offer a more unequivocal "yes" or "no" response here, but it is difficult to offer a definite answer without knowing the full terms of any agreements or paperwork/screens you signed, and the nature of the denial. Terms and conditions imposed by the insurance carrier upon their... Read more »

2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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