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2 Answers | Asked in Health Care Law for New York on
Q: Does a private physician have an Enforceaable obligation to report a patient violating a quarantine order?
Gary Lane
Gary Lane answered on Jul 8, 2020

I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for Washington on
Q: If someone comes near me not wearing a mask, which is a threat to my health can I defend myself.
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

A Washington attorney could answer this best, but your question remains open for a week. Depending on how the situation unfolded, it could result in assault charges. A criminal defense attorney could offer better insight here than a personal injury attorney. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for New York on
Q: Our supervisor told us when and when we cannot use the bathroom. Is this illegal?
Gary Lane
Gary Lane answered on Jul 2, 2020

Yes, that is quite illegal and should be reported.

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: I am DPOA for my mother, over her medical care as well.

She is being treated for lung cancer and she also contracted CoVid from one of the staff so they say...

Now they are saying I am not allowed to see her as I am not essential, however she has made me her Agent, so I should be able To see first hand what is going on

Richard Diamond
Richard Diamond answered on Jul 2, 2020

In response to your question, I typed in the following google search term:

"Lawyers specializing in litigation against hospitals where a patient contracted covid 19"

As a result of this pandemic, there are law firms focused on dealing with the issues you presented and...
Read more »

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: In the state of CA can you change a last name but not get officially married to avoid increased health insurance cost?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 30, 2020

Yes, you can change your name without getting married. However, you should consult with a Family Law attorney to get the best advice before making any decisions. Good luck!

1 Answer | Asked in Employment Discrimination and Health Care Law for Florida on
Q: I'm working at home. My employer is requesting me to send daily reports of temps. Can they do that even with me at home?

A large part of my job moved everyone to work from home back in March. We are all working remotely and no one plans on returning. ( Our employer agreed and likes us working from home.) They have requested that everyone has to send them daily temps for those working at home and in the office. For... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

It doesn't seem to make much sense, but you had better do it. You give up any right to privacy when you agree to work from home. If you don't like it you can always quit.

1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a nursing school force students into hospital clinical during COVID?

I am a Georgia student who is in a nursing program that is requiring us to take clinical rotations in hospitals to progress in our degree. If we refuse, we cannot continue in the program and we aren't sure how long this crisis will last. We feel as though our hand is forced to accept... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

This is something that a Georgia attorney could best advise on, but your post remains open for four weeks. It's difficult to say what the outcome for this would be. It could depend on the wording of the school's agreement with students, including whether it addresses unforeseeable events... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Washington on
Q: so if Inslee continues to call this and emergency does this mean he can keep doing this forever?

also does he have the right to jail and fine people for not complying with his wishes? and if so why are so many officers of the law refusing to enforce his mandates? thank you for responding

Stan Glisson
Stan Glisson answered on Jun 26, 2020

Violation of the Governor's order is a gross misdemeanor, so a person can be arrested for it. Does "he" have the right to jail people? No, that is not the function of his office. But local law enforcement anywhere in the state can enforce the statute.

Since it only went in...
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1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

1 Answer | Asked in Health Care Law and Juvenile Law for Ohio on
Q: I'm 17 and have an eating disorder. Can I legally refuse treatment? If not, can I refuse when I turn 18?

My parents have threatened to get a guardianship if I relapse again. Can I refuse treatment at 17 if I'm in a guardianship? What if I'm 18 and in a guardianship?

Joseph Jaap
Joseph Jaap answered on Jun 24, 2020

Parents make decisions for a minor, including medical treatments. They decisions can be enforced by a court. At age 18, if the court appoints a guardian, then the guardian makes those decisions, and the court can enforce them. If you overcome the disorder through successful treatment programs to... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Texas on
Q: My imaging center is asking people to wait in their car. Do they have a right to ask me to wait in my car?

I have to have a mammogram and the imaging center is asking people to wait in their car to be called to come inside. I feel that is ridiculous and Texas Health has that policy. If I can't get them to stop that practice I will have to change my whole health care provider. Can I sue them over... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

A Texas attorney could advise best, but your post remains open for two weeks. Many facilities are taking similar measures in these difficult times. They may not be explicitly telling people to wait in their cars, but they take in only limited numbers of the public into doctor waiting rooms, post... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Minnesota on
Q: I had a toxic reaction to a substance used in a routine X-Ray procedure.

I had previously informed the facility that I was allergic to this substance, yet it was administered anyway. This resulted in two trips to the ER in four days. Both times my complaint that I was given a toxic substance were not addressed by the on-duty physician and I was discharged while still... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2020

A Minnesota attorney could advise best, but your post remains open for two weeks. It sounds like what you experienced might have been a severe reaction to a contrast agent - only a medical professional could say for certain. You could contact a Minnesota med mal attorney to discuss the matter... Read more »

1 Answer | Asked in Child Custody and Health Care Law for New Jersey on
Q: Can our outpatient pediatric clinic release records to DCP&P without parental consent so they may investigate

There was an allegation of child abuse from a third party. They would like to know if child is receiving appropriate healthcare services

Richard Diamond
Richard Diamond answered on Jun 23, 2020

For safety purposes, since a HIPPA release form was not signed by the parents, the facility should have a court order in its file authorizing and directing it to comply with the turnover of specific healthcare records. If it does not have a court order directing the turnover of specific healthcare... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: Since my insurance policy is administered by my company out of state, does the 30 day rule apply?

My divorce was final June 3ed after many delays. No formal notice was issued to my spouse.

Anthony M. Avery
Anthony M. Avery answered on Jun 22, 2020

There is no 30 day rule. I assume you are talking about an Appeal or setting aside the MDA. You were supposed to inform the Spouse of the Termination Of Insurance. In effect, you have lied to the Court. The Spouse has grounds to Set Aside the Divorce, possibly up to 1 year from Judgment.

1 Answer | Asked in Business Law and Health Care Law for Hawaii on
Q: Is wearing a mask legally required in a place of business for Hawaii residents?
Tim Akpinar
Tim Akpinar answered on Jun 19, 2020

A Hawaii attorney is best qualified to answer your question, but your post remains open for three weeks. Until you are able to consult with a local attorney, the general consensus throughout the nation during this pandemic appears to support businesses requiring the wearing of masks. If you are... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: What is the definition of “ insurance policies that are issued or delivered in the State”?

Regarding Maryland Insurance Article Section 15-810, "Benefits for In Vitro Fertilization.” Specifically, if I live and work in MD, would my insurance (BCBS federal) be considered to be issued/delivered in the state?

Mark Oakley
Mark Oakley answered on Jun 18, 2020

Probably, yes, but that's not the end of the inquiry. Whether federal laws override state laws regarding specific insurance plans offered under an employer-employee plan is another question altogether. There are federal agency health insurance plans, and there are private plans issued under... Read more »

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