Health Care Law Questions & Answers

Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Answered on Apr 28, 2017

I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.
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Q: Is there an early legal drinking age set in place for those who believe in drinking for religious purposes?

1 Answer | Asked in Health Care Law, Constitutional Law and Criminal Law for New York on
Answered on Apr 27, 2017

See: http://drinkingage.procon.org/view.resource.php?resourceID=002591

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Can I divorce my wife, but then live with her for more than 5 years in order to protect assets from Medicaid look back?

1 Answer | Asked in Divorce, Estate Planning and Health Care Law for Kansas on
Answered on Apr 27, 2017

There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.

You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a good answer (unless there HAS been a breakdown of your relationship, which it sounds like is not the case!) so look for a 'plan b' with a qualified professional!

-- This answer is offered for...
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Q: Is there a "healthcare P.O.A" to designate someone to make medical decisions for you, if you are intact/alert?

3 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Massachusetts on
Answered on Apr 26, 2017

MANY states require this be a 'springing' authority so that you have the 'final say' in any decision if you are capable of doing that. I'm not sure about MA but Michigan certainly does.

HOWEVER, if you are competent, you ALWAYS (in any state) have the option of bringing in someone you trust to help you make decisions. That person can even be in the room as the doctor does his/her examination if you so desire (and the facility has a room large enough to hold 3-4 people!). The doctors...
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Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Answered on Apr 23, 2017

Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.
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Q: Is it illegal to resuscitate a person who has a valid DNR order signed by competent individual?

1 Answer | Asked in Personal Injury, Estate Planning, Health Care Law and Medical Malpractice for Oklahoma on
Answered on Apr 21, 2017

Not if in the judgement of the doctor it was medically appropriate. DNR doesn't mean don't do squat. It means if there is a situation where recussitation merely prolongs brain dead life (or other qualification) don't resucitate)
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Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Answered on Apr 20, 2017

Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.
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Q: My 19 year old son psych hsp, 2nd time in 2 mos.Refusing meds. Shld I get Article 81 or let court mandate treatment?

1 Answer | Asked in Estate Planning, Family Law and Health Care Law for New York on
Answered on Apr 20, 2017

Very tough decision, an article 81 proceeding would certainly be the more expensive way to go, it would provide you with much greater control over the process, his treatement, etc., but it comes at great expense of time and money on your part.
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Q: Why is it that only a child can inherit a house, not a grandchild who has kept grandparent out of nursing home 2 years?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Oregon on
Answered on Apr 19, 2017

Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do that too. There is no 'law' that requires giving anything to anyone.

If you mean she can't 'give' it to ANYONE because that gift would make her ineligible to receive Medicare, then your question...
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Q: Is my case worth going to court for or suing this company to get my money back?

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.
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Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017

Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be malpractice to prescribe antibiotics to a pregnant woman as a precautionary measure.
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Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.
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Q: can you sue a hospital for Anastomotic leak

1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Answered on Apr 17, 2017

Depends what happened, how, and what the result is.

Contact a member of the Miss. Assn for Justice that handles medical cases--they give free consultations.
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Q: Are there legal remedies against medical facility with breech of records and neglige

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Answered on Apr 17, 2017

Generally no. If you can show there was in fact some definite use of the information by someone for identity theft you may have a claim.
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Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.
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Q: Dr office called my emergency contact (78 y/o mom) because I had not pd bill-Is this illegal?

1 Answer | Asked in Medical Malpractice, Consumer Law and Health Care Law for New York on
Answered on Apr 17, 2017

Possibly. Contact a member of the NY State Trial Lawyers Assn--they give free consults.
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Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on
Answered on Apr 17, 2017

This response is general in nature and you should seek the counsel and advice of an experienced Ohio lawyer to review all the aspects of your case. Do not rely on this answer as it is based on limited information.

Ohio's Political Subdivision Tort Liability Act creates a significant hurdle in such cases. Typically, such first responders will be immune from traditional negligence based liability. If the Narcan was wrongfully administered, and it was the proximate cause of your...
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Q: Hello, I am wondering as to what, according to the most recent ruling, constitutes a person?

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Health Care Law for New York on
Answered on Apr 12, 2017

Depending on the jurisdiction a fetus is viable (meaning a person) between 20 weeks and 24 weeks; in New York State fetus is considered viable after 24 weeks.

So to answer your question concisely after 24 weeks hey fetus is considered A person
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Q: I want to sue a business (specialist medical practice) for a $4000 bill in the small claims court.

2 Answers | Asked in Civil Litigation, Health Care Law and Small Claims for New York on
Answered on Apr 12, 2017

It depends on the paperwork you signed when you were treated.
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Q: My step daughter has told us her mom take her to pick up "medicine" at a bar and leaves her in the car which scares her.

1 Answer | Asked in Family Law and Health Care Law for Oklahoma on
Answered on Apr 10, 2017

Need more information for a better answer.

1. How old is girl?

2. Day or Night?

3. How long are "visits"?

4. Does girl here cellphone to call 911 next time?

Your husband should immediately call mom, tell her stop immediately or go to court. Good Luck.
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