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Health Care Law Questions & Answers
Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire
3 Answers
| Asked
in
Personal Injury, Appeals / Appellate Law and Health Care Law
for
California
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Dale S. Gribow's answer
with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.
not sure how that could cause back pain.
if you had fallen walking and broke something it might be a case to pursue.
i hope you and the baby are fine.
with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.
not sure how that could cause back pain.
if you had fallen walking and broke something it might be a case to pursue.
i hope you and the baby are fine.
Q: i had a turp procedure and the hospital put the IPC bags on my legs but had no pump available. 10 days later a blood clt
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Missouri
on
Answered on May 28, 2018
Answered on May 28, 2018
Ronald J. Eisenberg's answer
Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.
Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.
Q: Can assisted living facility in California refuse cameras in private quarters because employees do not want it.
2 Answers
| Asked
in
Consumer Law, Elder Law and Health Care Law
for
California
on
Answered on May 27, 2018
Answered on May 27, 2018
Sally Bergman's answer
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
Q: In Georgia, is a medical debt that is four years or older still collectible? What's the Statute of Limitations?
1 Answer
| Asked
in
Bankruptcy, Consumer Law, Collections and Health Care Law
for
Georgia
on
Answered on May 27, 2018
Answered on May 27, 2018
Q: What are my options if I fear losing my job for not performing a task that is a crime
1 Answer
| Asked
in
Employment Law, Elder Law and Health Care Law
for
Tennessee
on
Answered on May 25, 2018
Answered on May 25, 2018
Mr. Kent Thomas Jones Esq.'s answer
The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.
The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.
Q: Hello, I wanted to know if I could sue a daycare for my son getting lice and having to cut his hair off.
1 Answer
| Asked
in
Personal Injury, Education Law, Health Care Law and Small Claims
for
Georgia
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
You would have to show they knew the other kid had lice. But yes, you could make a claim against them. However they may not be happy to have your youth in that daycare, so make alternate daycare plans. Contact a member of the Ga.Trial Lawyers Assn for your county--they give free consults.
You would have to show they knew the other kid had lice. But yes, you could make a claim against them. However they may not be happy to have your youth in that daycare, so make alternate daycare plans. Contact a member of the Ga.Trial Lawyers Assn for your county--they give free consults.
Q: Received a subpoena for a copy of my personnel record from the Maryland SW Board. Do I have to comply? Do I have
Mark Oakley's answer
Who served the subpoena? The Board? And they served your employer? The Board has authority to investigate licensed Social Workers under its jurisdiction, but it is subject to certain requirements and you have due process rights. You have the right to file an objection in court to a subpoena of your records, if you have a legal basis to do so, such as the Board exceeding its authority. Consult a lawyer in private about what concerns you may have and what steps you should take to protect yourself.
Who served the subpoena? The Board? And they served your employer? The Board has authority to investigate licensed Social Workers under its jurisdiction, but it is subject to certain requirements and you have due process rights. You have the right to file an objection in court to a subpoena of your records, if you have a legal basis to do so, such as the Board exceeding its authority. Consult a lawyer in private about what concerns you may have and what steps you should take to protect yourself.
Q: Hello, is there any precedent or legal code that goes to employee health care and employers changing the cost of plans?
V. Jonas Urba's answer
As long as it's across the board, everyone treated equally, no discrimination, an employer could even eliminate all paid vacations effective immediately. COBRA requires notices provided to employees, were health insurance completely eliminated, to allow employees to opt to continue the same coverage at the employer's cost plus 2% I believe as an administrative or handling fee. A contract of employment similar to a collective bargaining agreement might prevent the cut but that's about it. No...
As long as it's across the board, everyone treated equally, no discrimination, an employer could even eliminate all paid vacations effective immediately. COBRA requires notices provided to employees, were health insurance completely eliminated, to allow employees to opt to continue the same coverage at the employer's cost plus 2% I believe as an administrative or handling fee. A contract of employment similar to a collective bargaining agreement might prevent the cut but that's about it. No...
Q: Does the Health Care Fraud Act fall under the umbrella of the False Claims Act or are they two completely separate laws?
Ryan P. Morrison's answer
My expertise is in the False Claims Act, but as I understand it, the Health Care Fraud Act is a criminal statute, calling for criminal fines and/or prison sentences for certain conduct that defrauds government health care programs. Think about it this way: the Health Care Fraud Act is when the government is acting like the police, or like a regulator -- there just happens to be specific penalties when you commit crimes against health care programs.
In contrast, the False Claims Act is a...
My expertise is in the False Claims Act, but as I understand it, the Health Care Fraud Act is a criminal statute, calling for criminal fines and/or prison sentences for certain conduct that defrauds government health care programs. Think about it this way: the Health Care Fraud Act is when the government is acting like the police, or like a regulator -- there just happens to be specific penalties when you commit crimes against health care programs.
In contrast, the False Claims Act is a...
Q: I was salary exempt (Management) my employer a non-profit enterprise deducted my last paycheck is this legal?
1 Answer
| Asked
in
Employment Law, Criminal Law, Health Care Law and Insurance Bad Faith
for
New Jersey
on
Answered on Apr 25, 2018
Answered on Apr 25, 2018
H. Scott Aalsberg Esq.'s answer
I think you need to speak to an employment lawyer and report your ex employer for Medicaid fraud.
I think you need to speak to an employment lawyer and report your ex employer for Medicaid fraud.
Q: Does this 2005 New Jersey POA convey powers for healthcare decisions through these statements:
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Health Care Law
for
New Jersey
on
Answered on Apr 24, 2018
Answered on Apr 24, 2018
H. Scott Aalsberg Esq.'s answer
A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and answers such as what is a power of attorney? Do I need one? etc. Remember a lawyer is responsible for any opinion he gives and thus could be sued therefore they're not going to take the liability...
A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and answers such as what is a power of attorney? Do I need one? etc. Remember a lawyer is responsible for any opinion he gives and thus could be sued therefore they're not going to take the liability...
Q: What are the health insurance options for new green card holders over 65 years old who have never worked in US?
Leonard R. Boyer's answer
This is not the type of question to ask on this forum. You need an in person consultation with an experienced elder law attorney, who also practices immigration.
This is not the type of question to ask on this forum. You need an in person consultation with an experienced elder law attorney, who also practices immigration.
Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f
1 Answer
| Asked
in
Criminal Law, Federal Crimes and Health Care Law
for
Pennsylvania
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Cary B. Hall's answer
Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.
If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong and have nothing to hide, then -- as they say -- the truth shall set you free.
If you are charged criminally, however -- and I hope you won't be -- I'm happy to discuss the specifics of your...
Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.
If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong and have nothing to hide, then -- as they say -- the truth shall set you free.
If you are charged criminally, however -- and I hope you won't be -- I'm happy to discuss the specifics of your...
Q: Can you define what the IRS looks for with regard to a doctor's certification of chronic illness
Frank Huerta Jr's answer
I would suggest you ask the doctor to modify the notes or write a specific note regarding the need for supervised care. It is unlikely the IRS will want to examine patient medical records. In most cases, correspondence from the treating Physician will suffice.
I would suggest you ask the doctor to modify the notes or write a specific note regarding the need for supervised care. It is unlikely the IRS will want to examine patient medical records. In most cases, correspondence from the treating Physician will suffice.
Q: Egg donation. I don’t want to continue I have not gone to the second stage. I have not signed a contract.
Terrence H Thorgaard's answer
If you have not signed a contract, it is doubtful that they can allege a verbal contract and therefore sue you for damages.
If you have not signed a contract, it is doubtful that they can allege a verbal contract and therefore sue you for damages.
Q: If I went to an emergency room with my girlfriend, can I discuss her medical ailment or condition with close family?
Terrence H Thorgaard's answer
There is no law prohibiting you from discussing the situation with family members. HIPAA rules only pertain to medical professionals.
There is no law prohibiting you from discussing the situation with family members. HIPAA rules only pertain to medical professionals.
Q: Can someone turn themselves in to State Hospital instead of jail?
1 Answer
| Asked
in
Health Care Law, Criminal Law and DUI / DWI
for
Texas
on
Answered on Apr 9, 2018
Answered on Apr 9, 2018
Roy Lee Warren's answer
In my experience they can turn themselves in to the hospital but unless the court places a hold on them they will not get credit for the time they serve. I think you would be better off hiring a lawyer to work that deal out beforehand. Good luck to you.
In my experience they can turn themselves in to the hospital but unless the court places a hold on them they will not get credit for the time they serve. I think you would be better off hiring a lawyer to work that deal out beforehand. Good luck to you.
Q: My ex husband had a health care appt and his account was linked to my email. I called and cancelled his appt.
H. Scott Aalsberg Esq.'s answer
Yes he does have recourse, the probable cause would be harassment. If charged get a lawyer and don't post anything on the internet which can be considered a confession, like this post.
Yes he does have recourse, the probable cause would be harassment. If charged get a lawyer and don't post anything on the internet which can be considered a confession, like this post.
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