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Health Care Law Questions & Answers

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on

Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... Read more »

Erik Luthens answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

1 Answer | Asked in Contracts, Health Care Law and Insurance Bad Faith for California on

Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?

In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Florida on

Q: My job offers health insurance can I ask an undocumented get the benefits.

Bruce Alexander Minnick answered on Jun 24, 2019

Say what? Your very short question cannot be answered without many more facts.

1 Answer | Asked in Health Care Law for Georgia on

Q: How long does a cosmetic surgeon have to refund the cost of surgery that was paid for in advance?

Timur Akpinar answered on Jun 21, 2019

It could depend on the terms of the contract between the surgeon and the patient. While the contract itself would be an agreement between two parties, it would most likely be governed by Georgia law. If there is a dispute as to a refund here, one option would be to sit down with a Georgia attorney... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on

Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

Donald C Eby answered on Jun 10, 2019

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on

Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants responsibility to make... Read more »

Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Timur Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on

Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Arizona on

Q: How can I get a hospital to give me info on a newborn relative?

My brother and his girlfriend just had a baby. They both have drug issues. I tried to get info from the hospital but they evaded me and wouldn't say anything. No idea how the baby is doing and haven't even seen her yet, she was born a week ago. Was getting ready to start paperwork to take custody... Read more »

Mike Branum answered on May 24, 2019

This is a very small amount of information in what is almost certainly a complex situation. With that caveat, the short answer is: you can't. There is no "how." The answer is just "no." You do not have a right to the information. It is a violation of federal law for the hospital to provide you any... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on

Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Criminal Law and Health Care Law for California on

Q: Hello my name.is heather i left more imfo below in the comment

Hello my name is heather and im looking for a pro bono lawyer i dont know what to do or how to do it but im trying to sue a hospital in san andreas mark twain hospital i dont know if ill have a case ive been there 5 times for the same thing and everytime i went there nothing was wrong and i was... Read more »

Timur Akpinar answered on May 20, 2019

You're trying to find a pro bono lawyer. It could be more practical, and simpler, for you to contact a medical malpractice lawyer and ask to discuss your matter with them. They generally work on contingency basis, and many offer free initial consults.

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

Q: If the ER didn’t inform me of, or treat me for, a medical condition I have do I have legal grounds to sue the hospital?

I was taken to the emergency room by ambulance a few days ago after going to urgent care with extreme abdominal/lower abdominal pain and intense vomiting. After 6 1/2 hours with no IV, no fluids, a CT scan, and an ultrasound; I was told that there were abnormalities in my left ovaries and fluid in... Read more »

Denise Anderson answered on May 19, 2019

A person can have legal grounds to sue the hospital, but the important factor is whether the lawsuit will be successful. Based on the facts you provided you would likely not be successful against the hospital because the symptoms you outlined do not rise to adequate damages for a successful claim.... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Identity Theft for Massachusetts on

Q: I have been a victim of medical identity theft and need help to figure out what steps to take to correct this.

My health was used multiple times for ambulance rides, hospital and doctors visits. Now, I need help to rectify the damage done to my credit and medical records

Timur Akpinar answered on May 16, 2019

Contact your health insurance carrier without delay to notify them of the security breach. If you receive bills for co-payments or other uncovered charges, contact the entities doing the billing (hospitals, physicians, ambulance services, etc.) and coordinate with your insurance carrier to... Read more »

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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2 Answers | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for California on

Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too

passed away person phone is at hand with sighs of unfair treatment

William John Light answered on May 14, 2019

There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.

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1 Answer | Asked in Consumer Law and Health Care Law for Tennessee on

Q: I swallowed a piece of plastic inside a ballpark hotdog can I sue

Timur Akpinar answered on May 11, 2019

You could consult with a Tennessee attorney about such a case, and some of the fundamental questions that would arise are: what damages did you sustain, and are there medical records to support those damages.

Tim Akpinar

1 Answer | Asked in Family Law and Health Care Law for Florida on

Q: I was my husband's care giver & he left me, went to sister in IND. + gave her POA. Does that constitute abndoment or wh

Have known each other 20 yrs., 5/31 = married 11 years. He had a cancerous deadly brain tumor partsically removed, 11/05/2018. I took him to 30 Radiation treatments. + other doctor appointments. Called 911 when he had a secure and gave him chest compressions until ambulance came. I told him... Read more »

Bruce Alexander Minnick answered on May 6, 2019

You are focusing on the wrong person. Stop worrying about your (soon to be ex) husband and start taking care of yourself. Whether he abandoned you or not is irrelevant. The State of Florida does not require any reason for divorce. Locate a divorce lawyer in the Springhill area and start the... Read more »

1 Answer | Asked in Civil Rights and Health Care Law on

Q: Can I bring action against a hospital?

I was misdiagnosed and it has left me with permanent eye damage.

Timur Akpinar answered on May 5, 2019

I'm sorry for the damage you sustained. It's possible you could bring an action, but more information would be necessary for an attorney to make that determination. Maybe the best place to start would be to gather your records and arrange for a consultation with a med mal attorney in your... Read more »

2 Answers | Asked in Health Care Law and Tax Law for Kansas on

Q: I signed up for ACA health insurance when I was unemployed, early in 2018. Then I landed a job with insurance. Now I owe

15 k to IRS and 8k to is. HELP! I am 65 with no savings. I work full time.

D. Mathew Blackburn answered on May 1, 2019

You likely received a subsidy and then had income that exceeded the allowable amount under the subsidy.

Go to irs.gov and pull forms 9465, 433F, and 433D. Fill them out and mail them in and mail the first two payments, the third should be auto debited from your account.

Or hire a...
Read more »

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1 Answer | Asked in Estate Planning and Health Care Law for California on

Q: Will California deny a long term care application if asset money was properly gifted?

I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will deny... Read more »

Jeffrey Louis Gaffney answered on Apr 29, 2019

You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.

You are not in any way liable for your aunt's care or her bills.

A nursing home can...
Read more »

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