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Health Care Law Questions & Answers
Q: can i get a copy of my ct scan
Peter Munsing's answer
You should be able to. Go to the place it was made and request a copy. They only have to give you a copy on disc.
You should be able to. Go to the place it was made and request a copy. They only have to give you a copy on disc.
Q: 50/50 custody, Do I have to pay half of bi-weekly health insurance deductions?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Health Care Law
for
Florida
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Terrence H Thorgaard's answer
No, assuming the divorce decree provides that he will pay the insurance premium, it would make no sense were it also to require that you reimburse him for the premium he pays.
No, assuming the divorce decree provides that he will pay the insurance premium, it would make no sense were it also to require that you reimburse him for the premium he pays.
Q: My mom passed away in a hospital and the day before, the hospital claimed she signed a DNR paper but I was her POA.
1 Answer
| Asked
in
Civil Litigation, Contracts, Health Care Law and Wrongful Death
for
Illinois
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Peter Munsing's answer
Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an understanding state of mind.I suggest youi contact a member of the Illinois Trial Lawyers Association
--they give free consultations.
Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an understanding state of mind.I suggest youi contact a member of the Illinois Trial Lawyers Association
--they give free consultations.
Q: Is it negligence or malpractice when a health provider refuses to give you medical care
1 Answer
| Asked
in
Health Care Law, Medical Malpractice, Personal Injury and Civil Rights
for
Tennessee
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Peter Munsing's answer
It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k
However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a larger organization--a hopital network for instance--the records will be electronically kept & they have to give you a copy. If you say you don't want paper, you want it on a disc, they can only charge...
It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k
However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a larger organization--a hopital network for instance--the records will be electronically kept & they have to give you a copy. If you say you don't want paper, you want it on a disc, they can only charge...
Q: Can I sue someone if my wife has cancer
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
South Carolina
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Peter Munsing's answer
You should consult Ron Motley's firm--give them my name. They can best advise you.
You should consult Ron Motley's firm--give them my name. They can best advise you.
Q: Question about circumcision
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Michigan
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Peter Munsing's answer
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
Q: am I still liable for cancellation fees even know I have a doctors medical note stating I cant use a providers services?
Peter Munsing's answer
Depends on when you canceled. Another argument to make is that the doctor is busy so was able to use that time.
Each doctor has their own cancellation schedule. Some are 24 hour notice, some 72. If you were outside those times, shouldn't be an issue.
Depends on when you canceled. Another argument to make is that the doctor is busy so was able to use that time.
Each doctor has their own cancellation schedule. Some are 24 hour notice, some 72. If you were outside those times, shouldn't be an issue.
Q: If a business changes from corp owned to franchise can they discontinue short term disability benfits for pregnancy?
1 Answer
| Asked
in
Health Care Law, Business Law and Employment Law
for
Indiana
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Paul Stanko's answer
Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.
Check your employment contract, if any. Then also check your benefits package. If your employer changes, your rights can as well.
Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?
1 Answer
| Asked
in
Health Care Law, Personal Injury and Medical Malpractice
for
North Carolina
on
Answered on Sep 15, 2016
Answered on Sep 15, 2016
Peter Munsing's answer
Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.
Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.
Q: Does PA have an hospital/medical lien statute/code that regulates the filing of hospital liens? Are they allowed?
1 Answer
| Asked
in
Health Care Law, Collections and Consumer Law
for
Pennsylvania
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Peter Munsing's answer
Yes. Any health provider or health insurer that pays for medical treatment for an injuryhas a lien for any injury case that comes from the injury that required the treatment. In the case of car crashes the insurance on the car for medical coverage comes first. They don't have a lien. Medicare and Medical assistance, if they pay, have liens. Health insurance only has a lien if they are a "self funded" ERISA or Union plan. A lot of health insurers and companies that collect for them like a...
Yes. Any health provider or health insurer that pays for medical treatment for an injuryhas a lien for any injury case that comes from the injury that required the treatment. In the case of car crashes the insurance on the car for medical coverage comes first. They don't have a lien. Medicare and Medical assistance, if they pay, have liens. Health insurance only has a lien if they are a "self funded" ERISA or Union plan. A lot of health insurers and companies that collect for them like a...
Q: Can a Dr.'s office legally bill under a different tax ID to get more money?
1 Answer
| Asked
in
Health Care Law, Legal Malpractice and Medical Malpractice
for
Georgia
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Peter Munsing's answer
may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider agreeement, and you will contact the health Department at the state level.
may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider agreeement, and you will contact the health Department at the state level.
Q: why is pyisican assisted suicide illigeal
2 Answers
| Asked
in
Civil Litigation, Civil Rights, Government Contracts and Health Care Law
for
Colorado
on
Answered on Sep 11, 2016
Answered on Sep 11, 2016
Tristan Kenyon Schultz's answer
It goes back to English law (which the US adopted). There are two concepts: (1) under old (midlevel) English law suicide was illegal [this prevented a suicide victim from being buried at the local parish graveyard] and (2) under English law (which is still true and generally still true in most of the US) it is a crime to intentionally kill a person (i.e. murder or manslaughter). Note: both of these ideas originate from the Canon law (read: the Bible). The US and the UK have dropped the...
It goes back to English law (which the US adopted). There are two concepts: (1) under old (midlevel) English law suicide was illegal [this prevented a suicide victim from being buried at the local parish graveyard] and (2) under English law (which is still true and generally still true in most of the US) it is a crime to intentionally kill a person (i.e. murder or manslaughter). Note: both of these ideas originate from the Canon law (read: the Bible). The US and the UK have dropped the...
Q: Hospital staff releases info about my chemical blood test and arrest on Facebook Can that result in dismissal of result
Paul Stanko's answer
Your gripe is with that nurse. As long as the result is properly documented, it is unlikely it will be suppressed.
Your gripe is with that nurse. As long as the result is properly documented, it is unlikely it will be suppressed.
Q: what should I do about no non-slip in the bathtub
1 Answer
| Asked
in
Personal Injury, Health Care Law and Landlord - Tenant
for
Florida
on
Answered on Sep 6, 2016
Answered on Sep 6, 2016
Peter Munsing's answer
Ask if they mind if you do (probably will mind). Look for a realy good rubber tub mat. Hand holds are nice but if they don't even want to put in non-slip then they will probably shudder at hand holds.
Ask if they mind if you do (probably will mind). Look for a realy good rubber tub mat. Hand holds are nice but if they don't even want to put in non-slip then they will probably shudder at hand holds.
Q: met with my doctor for counseling about genetic testing. he recorded everything we talked about and can't get insurance
1 Answer
| Asked
in
Medical Malpractice and Health Care Law
for
California
on
Answered on Sep 2, 2016
Answered on Sep 2, 2016
Peter Munsing's answer
ACA should protect you from being discriminated against because of a genetic predisposition or marker. Not clear what all went on. Depending on your facts, a complaint might lie with the Consumer division of the Insurance Commissioner in Harrisburg. Suggest you also contact Senator Casey's office to get sources of who you'd file a complaint with as to an ACA violation --but it's not clear if this is something that has happened or you are just worried will happen.
ACA should protect you from being discriminated against because of a genetic predisposition or marker. Not clear what all went on. Depending on your facts, a complaint might lie with the Consumer division of the Insurance Commissioner in Harrisburg. Suggest you also contact Senator Casey's office to get sources of who you'd file a complaint with as to an ACA violation --but it's not clear if this is something that has happened or you are just worried will happen.
Q: Is it legal for the physician to require me to pay out of pocket?
Patrick E. Mahoney's answer
Usually, when you obtain medical treatment, devices, or services, you agree to pay the bill, one way or the other. If you have insurance, the doctor submits to insurance for possible coverage. Pre-authorization is determined if necessary. If you do not have insurance coverage, usually you have agreed to pay the bill, which means out of pocket. You could argue that the physician's office failed to get pre-approval. It would depend on all the facts. Consult counsel in your area.
Usually, when you obtain medical treatment, devices, or services, you agree to pay the bill, one way or the other. If you have insurance, the doctor submits to insurance for possible coverage. Pre-authorization is determined if necessary. If you do not have insurance coverage, usually you have agreed to pay the bill, which means out of pocket. You could argue that the physician's office failed to get pre-approval. It would depend on all the facts. Consult counsel in your area.
Q: Can anything legally be done about someone sneaking alcohol into hospital patient in liver failure (north carolina).
1 Answer
| Asked
in
Health Care Law, Personal Injury and Criminal Law
for
North Carolina
on
Answered on Aug 27, 2016
Answered on Aug 27, 2016
Peter Munsing's answer
Maybe the family has to have a neutral do an intervention on him? She certainly seems to be enabled. Problem is that as the spouse it's tough to bar him. suggest you discuss this with social workers. If you keep him away will she feel better? Alienated from the rest of you? It's less legal than psycho-social.
Maybe the family has to have a neutral do an intervention on him? She certainly seems to be enabled. Problem is that as the spouse it's tough to bar him. suggest you discuss this with social workers. If you keep him away will she feel better? Alienated from the rest of you? It's less legal than psycho-social.
Q: How can I care for my sister?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Health Care Law
for
Utah
on
Answered on Aug 26, 2016
Answered on Aug 26, 2016
Clinton R. Brimhall's answer
With your parents on board with this, I'm not sure I understand the difficulty you are facing.
With your parents on board with this, I'm not sure I understand the difficulty you are facing.
Q: Should I get a lawyer to help me with this case?
1 Answer
| Asked
in
Personal Injury, Environmental, Health Care Law and Products Liability
for
California
on
Answered on Aug 26, 2016
Answered on Aug 26, 2016
Peter Munsing's answer
Talk to a member of caoc who handles food cases. Because of what it takes to prove it, if you are totally well there's no shame in payment of your medical bills (which must include what your insurance company paid or your insurance may look to you for payment--so get them involved, especially if medical assistance)
Talk to a member of caoc who handles food cases. Because of what it takes to prove it, if you are totally well there's no shame in payment of your medical bills (which must include what your insurance company paid or your insurance may look to you for payment--so get them involved, especially if medical assistance)
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