Health Care Law Questions & Answers

Q: MS orthodontist overcharged us by $700, but will not refund the amount. What options do I have?

1 Answer | Asked in Health Care Law for New Hampshire on
Answered on Jan 28, 2016

You could certainly retain a lawyer to investigate your options, but for such a (relatively) small amount, you would quickly spend more in legal fees. You may want to look at small claims court action. You can file and manage those online. May be enough to at least settle for some of the money.

Q: A brother and sister are in therapy. The sister tells her therapist something about the brother and her therapist

1 Answer | Asked in Health Care Law for Colorado on
Answered on Jan 27, 2016

It may be a violation. However, therapists are allowed/required to report certain information. The most common exception is if a crime of significant injury/harm is likely to occur. Lawyers have this exception too incidentally... If you feel the reporting was not justified you can file a complaint with the state.

Q: medical should be paid 75% by dad, due within 45 days. Can interest be charged if over a year before pmt in full?

1 Answer | Asked in Health Care Law for Arizona on
Answered on Jan 25, 2016

Not unless your order specifically allows it. Generally speaking, your only remedy is to file a contempt action against him when he willfully fails to comply with the order.

Q: Can a hospital change the payment account number on a payment check before cashing it?

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Answered on Jan 13, 2016

Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

Q: Can I have my 19 yr.old son committed for mental health issues?

1 Answer | Asked in Family Law and Health Care Law for Ohio on
Answered on Dec 27, 2015

While more facts are needed to be sure, it is possible. Read this: http://www.disabilityrightsohio.org/sites/default/files/ux/ohio-involuntary-civil-commit-process.pdf

Q: What is the procedure in Georgia for involuntary inpatient mental health treatment for my dual diagnosed bipolar?

1 Answer | Asked in Health Care Law for Georgia on
Answered on Dec 5, 2015

Who is "he" and what is your relationship? In order for you to do anything, you may need to get an order from the probate court to be able to do anything. I don't know who "he" is and what your relationship is so this is a difficult question to answer. If you have standing, then you can also seek relief on an emergency basis to see if the court will intervene on your behalf or allow you to do something with a court order.

Q: In the mental health care realm, is it illegal to charge different rates to clients without insurance? Specific to LPC.

1 Answer | Asked in Health Care Law for Georgia on
Answered on Nov 30, 2015

If there are ethical issues, then you an rest assured there are also legal issues. If you want to look into the specifics of GA law, then see this link: https://www.lexisnexis.com/hottopics/gacode/

Q: I need an attorney for Involuntary medication administration authority appeal

1 Answer | Asked in Health Care Law for Colorado on
Answered on Nov 22, 2015

Has a court already held that you are incompetent? If it hasn't there will be a required hearing in which the party trying to find you incompetent will have to prove by clear and convincing evidence (a heightened standard) that you are incompetent. You should seek legal representation (either a hired attorney or a public defender). If the hearing has already occurred (and you were found incompetent), the appeal process is more difficult and you will need to contact an attorney (the appeal must...

Q: Is fee splitting for outpatient therapy substance abuse programs legal?

1 Answer | Asked in Health Care Law for Arizona on
Answered on Nov 8, 2015

There aren’t many lawyers answering health care law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...

Q: Can I sue a hospital and a clinic for medical malpractice in CA?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Nov 6, 2015

I don't think you would be able to prove any damages. The PA and the intake nurse may have misdiagnosed your condition, but you were properly diagnosed the next day. Was the condition made worse by the one day wait?

Q: Can an adult be forced to a mental hospital?

1 Answer | Asked in Health Care Law for Kentucky on
Answered on Nov 6, 2015

Yes. It depends upon the facts. It usually requires a determination of compentency.

Q: Hospital refuses to abide by court order. Police refuse to when I called to enforce. Patient a minor. What can I do?

1 Answer | Asked in Family Law and Health Care Law for Arkansas on
Answered on Nov 5, 2015

Your problem is that the hospital, since it is not a party to the divorce case, is not obligated to abide by the terms of the decree. Talk to an attorney about getting a subpoena issued requiring the hospital to disclose the records.

Q: Medical Facility offered kosher food & a kosher chef but did not perform.

1 Answer | Asked in Health Care Law for Florida on
Answered on Nov 4, 2015

Go see an elder law attorney about this.

Q: Am I legally bound to go to psychatric hospital if family member calls the cops?

1 Answer | Asked in Health Care Law for Colorado on
Answered on Nov 1, 2015

From the US Constitution, an individual has a right to a judicial hearing before being involuntarily committed on an permanent basis. There is an exception that allows the state (i.e. police or social workers) to place a temporary hold (without a hearing) if there is a reasonable belief the individual is a risk to themselves or others.

Turning to your situation. Your parents can call the police and the police may hold you for a psychological evaluation (if they reasonably believe you...

Q: Can I sue a hospital for getting mrsa?

1 Answer | Asked in Health Care Law for Washington on
Answered on Oct 31, 2015

More facts are needed, as well as a full discussion with an attorney who handles medical malpractice cases.

Q: what statutory requirements apply to those working in the community service sector around mental health?

1 Answer | Asked in Health Care Law on
Answered on Oct 28, 2015

You did not even give the state you are in. Look up the statutes regarding this. You might be able to do that right here on Justia. Perhaps you should look under mental health services.

Q: I went to a DA today and they said they would not procede with my case without getting my medical records. I told them

1 Answer | Asked in Health Care Law for New York on
Answered on Oct 22, 2015

This is not at all a basic question about the law to me, but requires specifically tailored legal advice and that requires some research. Go see a local attorney about this for a full discussion.

Q: Hospital Dispensary was raided by FDA ,in month of Nov 2014.The order was verbal from collector.Hospital has right to di

1 Answer | Asked in Health Care Law on
Answered on Oct 21, 2015

You need specifically tailored advice that will undoubtedly require a large amount of research. You need to speak with an attorney about this who handles this sort of matter.

Q: After accepting a stip & award cash settlement can I change my future medical (estimated 600K) to medicare MSA?

1 Answer | Asked in Health Care Law for Georgia on
Answered on Oct 15, 2015

If you no longer qualify for medicare, then you can not get medicare under any circumstances so if the award puts you in the category that you can no longer qualify for medicare, then you can not get any medicare benefits if you are using need as your reason for needing medicare.

Q: Does having a stroke automatically put you on the svp act.

1 Answer | Asked in Health Care Law for Georgia on
Answered on Oct 15, 2015

Why he has the mental condition is probably not as significant as the fact that he has a mental condition and you may not have any standing to contest that if you are not related.

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