Get free answers to your Health Care Law legal questions from lawyers in your area.
Your current state is Ohio
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
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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.
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
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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
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
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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
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
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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
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.
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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
Do you do any medical malpractice complaints regarding deliberate missdiagnosis causing a delay in incorrect treatment?
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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
I have records and proof and my husband as a witness to all my appointments
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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
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.
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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
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?
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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... View More
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?
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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
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
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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
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
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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.... View More
Locking him up. What can I do
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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
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
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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
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?
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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... View More
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
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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 §... View More
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
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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
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

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
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
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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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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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