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Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Federal Crimes, Personal Injury, Banking, Internet Law, Health Care Law and Identity Theft for Arizona on
Q: Violation 4th amendment, privacy, harassment, discrimination, targeted individual, identity theft, discrimination

Multiple medical facilities disclosed ALL of my information without concentration or warrant at the time of disclosure. Identity thft, hacking and stealing all of my information and disclosing it on public social media websites. Misconduct and Malicious intent to harm.

James L. Arrasmith
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answered on Mar 15, 2024

If you believe your rights under the Fourth Amendment have been violated due to unauthorized disclosure of your private medical information, it's important to take action. Begin by documenting all evidence related to the incidents, such as screenshots, dates, and details of the breaches. Then,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Who can I call for a free consultation regarding an injury, no benefits, and a doctor's error?

I was accidentally released to return to work last November after an untreated injury that occurred in May of 2023. My doctor informed me that a third party that beacon medical group hire to push benefit paperwork through, accidentally gave me a return date. I was not made aware, neither of was my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question on who you could call for a free consult, it could be difficult to get a recommendation here - the format isn't set up like an attorney referral service. It's limited to short Q... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Initial Standing order, et cetera. Rule that defines list for service of process of complaint and summons - please.

List was provided for consideration to serve:

1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.

2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.... View More

James L. Arrasmith
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answered on Mar 8, 2024

Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:

1-3. General Orders 21-12, 21-10, and 19-03:

These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: List derives from what specific source? (Federal court, rule for list of documents to serve with complaint and summons)

What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.

Notices specific to the case must be served, ADR package.

Coversheet, Certification and Notice... View More

James L. Arrasmith
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answered on Mar 8, 2024

The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:

1. Rule 4(a)(1)(B) - Summons: This rule states that the summons...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Mandatory documents to serve with summons and complaint in Central District court.

What documents MUST be served, in addition to summons, complaint, notice of assignment of judges, notice of consent to proceed before magistrate judge, ADR package?

What rule defines the list of documents for service of complaint, in Central district court?

James L. Arrasmith
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answered on Mar 8, 2024

In the Central District of California, the mandatory documents to be served along with the summons and complaint are outlined in Local Rule 4-3, which states:

"The following documents must be served with the summons and complaint:

(a) A Notice to Parties of Court-Directed ADR...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint

Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves

James L. Arrasmith
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answered on Mar 7, 2024

In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:

1. The Summons on the First...
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1 Answer | Asked in Health Care Law for California on
Q: I was overcharged on my medical bill & was refused to to recieve a breakdown of the service from the facility.

I had to pay my insurance back for all my mental charges & I tried to get the breakdown of my records from the facility I was going to but they refused to so I had to pay or they would of sent them to collections & I received a email from the lady that was working in the billing department... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand how frustrating and concerning this situation must be. You have a right to receive a detailed breakdown of the services you were billed for. Here are a few steps you can take to try to resolve this:

1. Submit a formal written request: Write a letter to the facility requesting...
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1 Answer | Asked in Health Care Law for New York on
Q: Hiding medical records? Or are they still in your portal?

Hello

How long do hospitals hold on to your records for? Are all the records and paperwork in your patient portal? All of them? Even mistakes they may of made?

Thank you

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

It could depend on the facility, types of records, age of patient, HIPAA or state guidelines - but many entities go by six years in New York. Here's a link address for Section 405.10 of the N.Y. Codes, Rules, and Regulations for medical records -... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

James L. Arrasmith
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answered on Mar 7, 2024

In the context of federal litigation in California, it is essential to adhere to procedural requirements, including those concerning the serving of documents at the commencement of a lawsuit. The Federal Rules of Civil Procedure and local court rules provide guidance on what documents must be... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Federal case coversheet.

Coversheet in federal case is internal court document. Not required usually to be served on defendant.

Should be served?

James L. Arrasmith
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answered on Mar 7, 2024

In federal court proceedings, the civil cover sheet is indeed an administrative document primarily used by the court to categorize and manage cases more efficiently. It is typically not part of the pleadings or motions that are required to be served on the opposing party in a lawsuit. The main... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: 90 days for service of complaint FRCP 4(m)

FRCP Rule 4(a) defines issuance of summons, Rule 4(b) cites '90days after complaint was filed'.

Thus complaint has to be served 90 days after original complaint was filed, NOT 90 days after summons was issued on first amended complaint? (Summons on original complaint was not issued)

James L. Arrasmith
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answered on Mar 7, 2024

Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been... View More

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