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Your current state is Ohio
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
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.
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
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
I am 23 years old and was pressured by my mom to take a neuropsychological evaluation due to ADHD symptoms not being treated by medication and sleep apnea issues. There was no explicit agreement with my mom about paying for the evaluation, other than her understanding that she would cover it. I... View More
answered on Mar 25, 2025
Generally, anyone can sue for anything. However, I cannot think of legal claim your mom could make that would entitle her to your personal medical records. One thing to note is that she may withhold any other financial support she provides you, which would be legal absent any other agreement. I am... View More
I am representing myself in a dependency case in Colorado where I've experienced clear bias from the judge, who has enforced detrimental punishments without evidence. The department involved has committed fraud, HIPAA violations, judicial deception, and harassment, seemingly in retaliation for... View More
answered on Mar 25, 2025
I agree with my colleague below. I am adding that if you do not get legal representation, you should file a motion for judicial recusal that focuses solely on the facts (not feelings and judgment) and listing EVERY fact that shows there is bias.
For example:
"We never received... View More
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More
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answered on Mar 11, 2025
I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More
I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More
answered on Mar 10, 2025
Your husband is facing current legal issues regarding the terroristic threat-- it sounds like charges have been filed against him and a warrant has issued for his arrest. Those legal issues need to be handled by a criminal defense attorney because there are overwhelming credibility concerns at play... View More
I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due... View More
answered on Mar 3, 2025
Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More
answered on Feb 25, 2025
It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More
I live in Texas and recently had a genetic test performed by Natera, as ordered by my provider. However, a second test that I did not consent to was also performed. I discovered this through the lab's online portal. I signed the order form in my provider's office for only one test, and... View More
answered on Feb 25, 2025
Generally, performing medical testing requires the consent of the patient. You should wait for the lab to verify information and determine what happened. The lab may have performed a test on you that was not authorized. It also may have incorrectly disclosed another patient's test results... View More
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