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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: Is it legal for doctors to deny pain medication due to taking Xanax?

My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 21, 2025

Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.

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1 Answer | Asked in Divorce and Health Care Law for Massachusetts on
Q: Will my husband maintain our health insurance during and after divorce in MA?

My husband and I are going through a divorce in Massachusetts, and he currently provides health insurance for me and our children. I earn slightly more than him. There are no court orders in place regarding health insurance, and I am concerned about coverage both during the divorce proceedings and... View More

Brian Waller
Brian Waller
answered on Feb 20, 2025

He will definitely need to maintain the insurance during the divorce. There is an automatic (financial) restraining order that goes into effect at the start of the divorce (Supplemental Rule 411). That restraining order basically prohibits both parties from making any financial moves that damage... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Is it illegal to terminate benefits while on FMLA leave in Ohio?

I have been employed at my company in Ohio for 13 years and am currently on FMLA leave due to visual impairments and chronic illnesses. My employer terminated my work benefits, including health insurance, citing insufficient working hours. I made a complaint to the company's ethics hotline,... View More

Neil Klingshirn
Neil Klingshirn
answered on Feb 20, 2025

The FMLA prohibits employers from terminating health insurance during an FMLA leave period. If you do not return from FMLA, however, then you are responsible for paying for the insurance coverage during your FMLA leave period.

https://www.law.cornell.edu/cfr/text/29/825.211

1 Answer | Asked in Health Care Law, Estate Planning, Public Benefits and Real Estate Law for New York on
Q: Medicaid lien concern on grandmother's house with me as beneficiary in NY

I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More

1 Answer | Asked in Business Law and Health Care Law for New York on
Q: HI I have a physical therapy practice and was wondering if I could offer a sliding scale and how to do that properly.

I thought I could just decide my rates but a billing specialist told me there are proper ways to figure out a sliding scale system so I was looking for some guidance on that.

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2025

I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More

1 Answer | Asked in Personal Injury and Health Care Law on
Q: Last month went to Princess Alexandria Hospital & I had a training team botch a bilateral biopsy causing a "hametoma,"

Do you do any medical malpractice complaints regarding deliberate missdiagnosis causing a delay in incorrect treatment?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

I'm sorry for your ordeal. Could that be the Princess Alexandria Hospital in Harlowe, UK or Brisbane, Australia? If so, you could reach out to local attorneys/solicitors where you are located to discuss further. You haven't reached a law firm here (your question suggested you might have... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

1 Answer | Asked in Health Care Law for Rhode Island on
Q: Would I get penalized for not having health insurance for 2 months in Rhode Island due to affordability problems?

I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.

Albin Moser
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answered on Feb 5, 2025

The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her...
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1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Texas on
Q: In Texas Can Nurse practitioners see patients, treat and prescribe without a DR present?

Theres a Clinic, the Dr listed on the paperwork does not actually practice in that clinic or near the clinic. Does not even reside within 100miles of this clinic. From what i have read, this is wrong and against Texas Medical Board rules. Is this correct?

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: Does Ohio Medicaid estate recovery have the right to back charge from the beginning of service

my father had Medicaid for approximately four months and passed. The estate recovery is seeking anything since the beginning of treatment. He did not have any major assets besides little money in his account and two old vehicles they are requiring that one of his children pay this back can you... View More

Andrew Popp
Andrew Popp
answered on Jan 18, 2025

Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More

1 Answer | Asked in Contracts, Personal Injury, Health Care Law and Public Benefits for Florida on
Q: How do I tell if my short term disability allows me to work an at home job when I can't physically drive to my job?

I know to look for the "Own Occupation" Claus in my policy, I just don't know if I'm reading this right.

"Definition of Disability

You will be considered disabled if, as a result of physical

disease, injury, pregnancy or mental disorder:... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Jan 17, 2025

Hello. There are several important questions that are needed in order to properly answer this. Question one what is your occupation to? And What paperwork did you submit to your insurance company?

A “greeter” at a Walmart, obviously needs to be in the store in order to greet visitors....
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1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: My son is borderline retarded I have medical papers from doctors that say he is yet here in my town the cops are all way

Locking him up. What can I do

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Law enforcement officers cannot arrest and jail an individual without probable cause that individual has committed a crime. An individual is not excused of criminal responsibility for his actions because of borderline mental retardation. He would only be excused if he met the legal definition for... View More

2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: What recourse do I have for an ER visit that included HIPAA violations false documentation, and inadequate care?

I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 13, 2025

In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Stephen Bilkis
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answered on Feb 3, 2025

I'm sorry to hear about the difficulties you are facing with your medical records and your health. Accessing medical records is an important step in addressing concerns related to a surgery, particularly if you believe medical negligence occurred.

Under New York Public Health Law §...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 14, 2025

Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Health Care Law for New York on
Q: 'Facility Fee' of $1,500(!)

Hello,

I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More

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1 Answer | Asked in Business Formation, Business Law and Health Care Law for Alabama on
Q: I’m an RN and want to start a mobile wellness business. I know IV hydration is out but what other services can I offer?
David Trice
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answered on Jan 6, 2025

Having a good compliance contact is necessary when starting your health wellness company. I have had clients succeed in starting their own physical therapy company, and RNs and CRNPs start their own telehealth / employee benefits wellness program. A growing opportunity for RN is partnering with... View More

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