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Your current state is Virginia
I'm urgently seeking advice regarding my immigration status as my H1B visa expires in early August 2025 (renewal is unlikely). I was selected for the DV Lottery FY2025 and may become current by September, so I'm planning to file my I-485 immediately. My spouse is on an F-1 visa, and I am... View More 
answered on May 18, 2025
This is a very interesting situation. The main issues are; 1- maintaining legal status, 2- not missing the DV lottery deadline of September 30, and 3- keeping your health insurance.
1- Maintaining your status: You should file an F2 change of status immediately as this would ensure your... View More
I am trying to obtain medical records as evidence related to my husband's case, who is currently in prison. A lawyer has these records, and I need guidance on how I can receive them. What steps should I take to access these medical records?
answered on May 12, 2025
You need to have your husband sign a POA and authorization in your favor for those specific medical records. If the lawyer does not represent an adverse party, the lawyer will likely honor the POA and authorization and release the medical records to you.
I need guidance regarding my husband's situation with Kaiser Permanente. Over a year ago, he was moved from Humira to Amjivera, despite our objections, which led to severe health problems. He is in managed care and cannot go outside Kaiser's network. We have documentation showing our... View More
answered on May 7, 2025
A Washington attorney could advise best, but your question remains open for a week. I'm sorry for your family's ordeal. From a textbook standpoint, it's possible you could, if you could demonstrate that the decision was a departure from a requisite standard of medical care. But from... View More
I arranged for caregivers through a home nursing service to provide 24/7 care for my uncle, who lives alone in California and has a severe chronic illness. The caregivers stay in his home for 48-hour shifts, during which they sleep some hours even though they are responsible for feeding him (via a... View More
answered on May 5, 2025
In addition to Wage Order 5, you need to look at the Domestic Worker's Bill of Rights, which provides for overtime after working 10 hours in a day. Failure to pay overtime would lead to paystub penalties and waiting time penalties that would be rather large, if the employees separate without... View More
My mother-in-law is hospitalized with high CO2 levels and fluid buildup, using a BiPAP machine intermittently. She expressed her wish to receive CPR if necessary, but not be put on a ventilator. However, a PA continually discusses DNR, seemingly pressuring her despite her clear requests. We... View More
answered on May 3, 2025
As a rule, hospitals are obligated to save a life, such as it may be, whenever possible, even in the absence of any health proxy or agreement.
While capacity to enter into any agreement is always an issue, it is probably best for you and yours, on an urgent basis, to have experienced PA... View More
I am a physician working in healthcare in a small community in Tennessee. My non-compete agreement restricts me from working in my field or any other medical field within a 20-mile radius for two years after leaving my current position. Given these restrictions, what are the chances of this... View More
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answered on May 2, 2025
There is a good chance that the other contracting party will enforce it if you set up shop. It is possible that it is absolutely enforceable, so the financial risks are high. But 20 miles is a small radius, so you should be able to find an office close to your chosen town. And 2 years is a... View More
I'm considering suing my ex-wife after our divorce was finalized for canceling my health insurance on December 31, 2024. Our divorce paperwork included a standing order that insurance should not be canceled. I haven't taken any action yet since the divorce was finalized just a few days... View More
answered on May 2, 2025
It is probably too late to challenge your ex-wife's violation of the standing orders now that your divorce has been finalized. The standing orders are only in effect during the pendency of a divorce proceeding. If a violation occurs, a party usually must bring a motion to enforce during the... View More
I have been receiving long-term disability payments since January 2018, which offset my normal income. Recently, I received a lump sum settlement offer of $53,000; however, the letter I received states that the value of my claim is $86,000. Although I haven’t yet responded, I was told I could... View More
answered on Apr 30, 2025
This is a really significant decision you're looking at, and it's smart to be thinking through both the settlement amount and the tax implications carefully before responding. Lump sum offers can be complex, and getting guidance is key.
Regarding what an appropriate counteroffer... View More
I believe there is a potential medical malpractice case involving my elderly, disabled relative who is a cancer patient and was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. At age 78, she is diabetic and on Medicare and Medicaid. Her GI oncologist prescribed a... View More
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answered on Apr 30, 2025
I'm sorry to hear about what your relative has endured. Her situation raises serious concerns that warrant a close legal and medical review. In New York, a valid medical malpractice claim requires showing that a healthcare provider deviated from accepted medical standards and that the... View More
I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?
answered on Apr 24, 2025
You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More
I'm an inventor working on a medical device and seeking funding through angel investors or hard money lenders. I don't have intellectual property protection in place for my invention yet. How can I protect my intellectual property, and where can I find investors interested in the medical... View More
answered on Apr 23, 2025
If your medical device is new, useful, and not obvious to a person having ordinary skill in the art, then it may be patentable. The patent application and examination process can take approximately 3 years. I highly recommend working with a licensed patent attorney with a background in this area of... View More
My sister, an Ohio resident who has lived with me in Florida for the past three years, is currently in a Florida hospital with a terminal illness. She does not have an existing power of attorney. I need to become her power of attorney, primarily for medical decisions. Should I obtain a power of... View More
answered on Apr 22, 2025
I am very sorry for your sister's health issues and struggles. I would advise that since she is in Florida and you will need to use it in Florida you should get one in Florida, the State of Florida is extremely particular about the Florida Power of Attorney (POA) as well as the Health Care... View More
My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More
answered on Apr 18, 2025
First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?
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answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
I recently requested my medical records from my OBGYN of over 10 years. I was told I would receive them by mail, but they arrived in a damaged, open envelope because too many records were stuffed into a small paper envelope. The post office rewrapped them with a note about the poor packaging, but... View More
answered on Apr 14, 2025
I do not think it would be worthwhile for you to retain an attorney at this point. Mere worry and fear that your records may have been exposed while being sent through the US Postal Service would not be sufficient to support any award of monetary damages. You probably have done what can be done... View More
I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More
answered on Apr 8, 2025
First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More
I was my brother's advocate during his recovery from double bypass surgery three years ago, and there was a formal document at the rehab facility where he stayed, but I do not have a copy. Currently, my brother's health has worsened due to strokes, and doctors have determined that he is... View More
answered on Apr 1, 2025
If your brother lacks capacity to sign his name or understand what a power of attorney means, then the POA is no longer an option. He needs a conservator, a guardian, or both. You need to contact an attorney in your area who practices in elder law and estate planning. Conservatorships and... View More
I was my brother's advocate during his recovery from double bypass surgery three years ago, and there was a formal document at the rehab facility where he stayed, but I do not have a copy. Currently, my brother's health has worsened due to strokes, and doctors have determined that he is... View More
answered on Apr 1, 2025
One more thing: It would likely be much easier and less expensive to search for and recover that older POA or medical directive from the rehab facility, which is likely still valid, than to deal with a lawyers, conservatorships, and guardianships.
My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My... View More
answered on Mar 28, 2025
An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the... View More
I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More
answered on Apr 9, 2025
Dear Bakersfield Resident,
Given the inmate’s schizophrenia and recent episodes leading to charges like false imprisonment, one option is to pursue mental health diversion under Penal Code Section 1001.36. This program allows defendants with qualifying mental disorders to have charges... View More
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