Health Care Law Questions & Answers by State
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Health Care Law Questions & Answers
Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?
Timur Akpinar's answer
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?
1 Answer
| Asked
in
Public Benefits, Social Security, Collections and Health Care Law
for
Florida
on
Answered on Oct 9, 2018
Answered on Oct 9, 2018
Barry W. Kaufman's answer
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Q: I was helped at a mental health hospital but i was discriminated and instigated at a previous clinic.
1 Answer
| Asked
in
Civil Rights, Consumer Law, Health Care Law and Small Claims
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
Louis George Fazzi's answer
You need to post this for Florida lawyers. I am in California and can't advise you.
You need to post this for Florida lawyers. I am in California and can't advise you.
Q: can a mental health clinic i was refered to send me away and tell me they cant help with suicidal thoughts?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith and Personal Injury
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
William John Light's answer
Your question indicates that you are in Florida, but you asked your question in the California section. In California, if you are feeling suicidal, there are many options, including hotlines, personal physicians, the police and County Hospitals. If you are a danger to yourself, you can be confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
Your question indicates that you are in Florida, but you asked your question in the California section. In California, if you are feeling suicidal, there are many options, including hotlines, personal physicians, the police and County Hospitals. If you are a danger to yourself, you can be confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
Louisiana
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
Q: Hi, my mother came as a visitor and had a stoke and I paid medical bills and care,can I claim her medical expenses,no SS
Brent T. Geers' answer
You need to seek advice from an accountant or other tax professional. Quite likely, the answer will be no.
You need to seek advice from an accountant or other tax professional. Quite likely, the answer will be no.
Q: What are the rights of a putative spouse when one spouse dies and has kids
1 Answer
| Asked
in
Estate Planning, Family Law, Civil Rights and Health Care Law
for
Louisiana
on
Answered on Oct 1, 2018
Answered on Oct 1, 2018
Ellen Cronin Badeaux's answer
Putative spouse bestows community property rights, not parental rights. You may be referring to the putative father registry. You need to call a custody lawyer.
Putative spouse bestows community property rights, not parental rights. You may be referring to the putative father registry. You need to call a custody lawyer.
Q: My brother and fiance are dealing with very serious accusation by detectives and police about their baby, who can help
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Health Care Law
for
Michigan
on
Answered on Oct 1, 2018
Answered on Oct 1, 2018
Gary Kollin's answer
They need legal advice (with a "c"). A lawyer advises and provides advice.
Who are you going to call? You surely cannot call GHOSTBUSTERS.
Who do you call when you need legal services? Yes, you know. You contact a lawyer.
So you contact lawyers and seek to retain a lawyer
They need legal advice (with a "c"). A lawyer advises and provides advice.
Who are you going to call? You surely cannot call GHOSTBUSTERS.
Who do you call when you need legal services? Yes, you know. You contact a lawyer.
So you contact lawyers and seek to retain a lawyer
Q: I was arrested for DV in the past, now I'm trying to get my nursing license. I don't know whether to report or not.
3 Answers
| Asked
in
Criminal Law, Employment Law, Domestic Violence and Health Care Law
for
California
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Dale S. Gribow's answer
the best advice is to be honest.
they will normally ask if you have been convicted (not arrested) for a felony.
you are innocent until proven guilty.
the best advice is to be honest.
they will normally ask if you have been convicted (not arrested) for a felony.
you are innocent until proven guilty.
Q: What is the procedure for filing for judicial revocation of power of attorney in Bastrop County Texas?
Terry Lynn Garrett's answer
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
If someone...
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
If someone...
Q: Can you sue the hospital for doing construction very close to your room?
Terrence H Thorgaard's answer
Lack of sleep, in itself, is not considered compensable damages. So no, you probably cannot successfully sue the hospital.
Lack of sleep, in itself, is not considered compensable damages. So no, you probably cannot successfully sue the hospital.
Q: If a Washington State (exempt) agency committed fraud can they be sued?
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Health Care Law and Insurance Bad Faith
for
Washington
on
Answered on Sep 23, 2018
Answered on Sep 23, 2018
Timur Akpinar's answer
You would need to discuss this with a Washington attorney at the soonest. I do not practice in Washington but your question was not picked up for four weeks. If you are contemplating legal action, you should consult with an attorney without delay because there could be notice of claim filing requirements that could be in the order of days. I can’t speak for Washington State, but public agencies, hospitals, and other government entities in general could be protected by short deadlines for...
You would need to discuss this with a Washington attorney at the soonest. I do not practice in Washington but your question was not picked up for four weeks. If you are contemplating legal action, you should consult with an attorney without delay because there could be notice of claim filing requirements that could be in the order of days. I can’t speak for Washington State, but public agencies, hospitals, and other government entities in general could be protected by short deadlines for...
Q: Can Kaiser hospital Psyc department deny a patient who has dual diagnosis one on one psycho therapy?
William John Light's answer
This is a medical question and should be directed to the psychotherapists and whether the treatment program meets the standard of care in the community.
This is a medical question and should be directed to the psychotherapists and whether the treatment program meets the standard of care in the community.
Q: I am the healthcare POA for my married sister, the paperwork is completed and signed by a witness. Legally, can the
Kenneth V Zichi's answer
When was the paperwork signed? Before or after marriage? Signed by ONE witness? TWO? Notarized? The form matters and so does how it was signed. If your sister didn't do this with an attorney you're playing with fire trying to rely on this! If she DID use an attorney, that attorney can perhaps best answer these questions. That said ....
MUCH of this will depend on what your sister's doctors know or don't know as it is 'common' for the spouse to be consulted if the patient cannot make...
When was the paperwork signed? Before or after marriage? Signed by ONE witness? TWO? Notarized? The form matters and so does how it was signed. If your sister didn't do this with an attorney you're playing with fire trying to rely on this! If she DID use an attorney, that attorney can perhaps best answer these questions. That said ....
MUCH of this will depend on what your sister's doctors know or don't know as it is 'common' for the spouse to be consulted if the patient cannot make...
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Personal Injury
for
Florida
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Timur Akpinar's answer
I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...
I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...
Q: I just found out I have asthma and I have been in the army for 4 years.
1 Answer
| Asked
in
Employment Law, Health Care Law and Military Law
for
New York
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?
What does your doctor say?
What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?
What does your doctor say?
What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.
Q: What if it has zero nicotine
1 Answer
| Asked
in
Collections, Health Care Law and Internet Law
for
Tennessee
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Timur Akpinar's answer
It looks like part of your question is missing and may have inadvertently been left out.
It looks like part of your question is missing and may have inadvertently been left out.
Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?
1 Answer
| Asked
in
Elder Law, Health Care Law, Medical Malpractice and Wrongful Death
for
Pennsylvania
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Peter Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.
No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.
No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...
Q: How can I spending down my wife's life insurance benefit ($100K) while receiving medicare and medicaid benefit?
Richard Winblad's answer
Medicaid is extremely complicated and it would be impossible to provide an answer based upon your scenario. For instance, you were not clear whether you or your wife is the person receiving benefits.
Medicaid is extremely complicated and it would be impossible to provide an answer based upon your scenario. For instance, you were not clear whether you or your wife is the person receiving benefits.
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