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Health Care Law Questions & Answers
1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: A patient is in a coma. The family has given the ex wife medical rights to make the decision to let him go or not.

Does that mean the medical bills will go to her as well?

Anna L Self
Anna L Self answered on Jun 14, 2021

It depends if she signed documents at the hospital agreeing to be responsible for the medical bills. Since they are divorced she would not be responsible otherwise as she is not the spouse.

1 Answer | Asked in Elder Law and Health Care Law for Tennessee on
Q: We own our home. How can we make sure the state cannot take our home if we should need long term care? Income is ss
Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.

2 Answers | Asked in Estate Planning, Health Care Law and Real Estate Law for Ohio on
Q: My mom has stage 4 lung cancer. I am her only living relative. How do I plan for estate, financial, health care, etc….

This all came up sudden but my mom has stage 4 lung cancer with Mets. I am her only living relative. From a legal aspect what do I need to start doing to get her affairs in order? I am very new to this and not sure what to do. She does have a will with me as executive. She does not have a... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jun 8, 2021

You should contact an attorney who can help you set up a financial Power of Attorney and a Healthcare Power of Attorney.

That way, you can manage her affairs while she is alive.

A will only takes effect upon death.

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1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
Morris Leo Greb answered on Jun 7, 2021

Yes.

1 Answer | Asked in Health Care Law for Wisconsin on
Q: My previous primary Dr never informed me about two major health issues three years ago. However, the information was in

my online health account which I didn't read. Nothing was mentioned by her about these issues at a follow up visit after a surgery for something else either. Should she have discussed this with me, or was it my responsibility to read my health account, and contact her?

Tim Akpinar
Tim Akpinar answered on Jun 6, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. She should have discussed the issues with you, and at the same time, you should have read your records as well if you had access to the information in the health account. Naturally, it also depends on the criticality... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Idaho on
Q: Is this Sudafed a controlled substance according to Idaho statute?

37-2707. (g) Immediate precursors.

Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

Yes. Sudafed is a controlled substance, following the Idaho Legislature's "knee jerk" reaction to the methamphetamine deluge of the 90's. Idaho Code 37-3303 says:

It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a...
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1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Civil Rights and Health Care Law for California on
Q: Does a legally disabled adult on a 5150 hold in California have the right to have a visitor?

Thank you for your reply. My son is a mentally disabled adult who was put on a 5150 hold for attempting suicide 2 days ago and placed in a general hospital while awaiting placement in a mental health facility. The hospital told me I can't have visitors due to Mental Health policy, but Mental... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 31, 2021

I think so. A person doesn't lose her/his civil rights by being placed on a W & I section 5150 hold. However, I'm sure the usual and customary visiting hours would apply, as would any reasonable restrictions on the person's right to receive visitors. Much more information is... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can a physicians services company still bill months after hospital charitably written off services and "closed account"?

I received a bill recently for services that had happened close to nine months ago. I had been approved for financial assistance for those services from the hospital and received a letter saying that "my account [was] closed" around six months before receiving this new bill. Can someone... Read more »

Tim Akpinar
Tim Akpinar answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for four weeks. More details could be helpful here. But as a general matter, a patient could be billed by more than one entity for services received in a hospital. A hospital could have its primary billing and collections office, but in... Read more »

1 Answer | Asked in Criminal Law, Health Care Law and Juvenile Law for Oklahoma on
Q: How much trouble can a parent get if my counselor found out that my parents lets my underage brother and his friends

How much trouble can a parent get if my counselor found out that my parents lets my underage brother and his friends To drink and smoke and drive without a license and even buying the smokes for them

And letting them drink but don’t buy it for them

Pete David Louden
Pete David Louden answered on May 29, 2021

Big trouble.

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
Read more »

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1 Answer | Asked in Education Law, Health Care Law and Juvenile Law for Oklahoma on
Q: How much trouble can a 17 year old girl get from runaway from home in Oklahoma

Let say a 17 year old girl runaway from home cause her home is toxic and she can’t handle everyone around making her feel like the bad guy and that the girl has mental health issues that are being neglected or ignored

Pete David Louden
Pete David Louden answered on May 27, 2021

I see that many teenagers describe their home as toxic, not enough freedom, controlling parents, or any one of a long list of other grievances. So, that part is not uncommon.

However, if there legitimately is abuse and/or neglect and this is not just a disgruntled teenager, this should be...
Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Can someone else’s dentist ask if I have an autoimmune disease
Mark Oakley
Mark Oakley answered on May 27, 2021

Absolutely they can ask. And you have the absolute right not to answer.

1 Answer | Asked in Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: I took a medicine called Saxenda it was the only medication I was taking at the time... I then became epileptic.

I was diagnosed with epilepsy soon after taking Saxenda... I want to know if I should proceed with a lawsuit. I will always be epileptic because of it.

Tim Akpinar
Tim Akpinar answered on May 19, 2021

I'm sorry this happened to you. No one here can tell you whether you should proceed with a lawsuit. It could require investigation of your medical history and evaluation of warnings that come with the drug. Additionally, attorneys would likely need the guidance of medical and pharmacology... Read more »

1 Answer | Asked in Health Care Law for Michigan on
Q: Are there supposed to be cameras in the hospital rooms for people who are there for just coughs
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Cameras are generally mounted in most hospital rooms, mainly for patient protection. Outside of perhaps an ICU unit, hospitals typically don't designate certain rooms for certain ailments, and so all rooms need to be equipped for the variety of situations.

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