Health Care Law Questions & Answers

Q: If a doctor's office failed to provide necessary care resulting in emergency surgery and loss of job, can I sue?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Feb 20, 2017

This sounds like possible medical malpractice. You should be mindful of the statutes of limitations: http://www.courts.ca.gov/9618.htm

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. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the internet shouldn' t be hard for someone to fijnd.
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Q: Is it mandatory for employees at NYU Lagone to get a flu shot, or be fired?

1 Answer | Asked in Health Care Law and Employment Law for New York on
Answered on Feb 17, 2017

Typically workers at health care centers must be vaccinated against the flu, as it's a NY requirement. See: https://www.health.ny.gov/prevention/immunization/health_care_personnel/

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. I practice law in CA, NY, MA,...
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Q: Is the due process clause absolute?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Health Care Law for Michigan on
Answered on Feb 17, 2017

Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.
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Q: Can I forward a email reply I received from an outpatient coordinator in Al to a judge in Al ?

1 Answer | Asked in Civil Litigation and Health Care Law for New York on
Answered on Feb 17, 2017

There are too few facts to this question to generate a complete answer. The answer, preliminarily, is ABSOLUTELY NOT UNLESS THEY ARE YOUR OWN MEDICAL RECORDS OR, IF YOU REPRESENT THE PATIENT, THE PATIENT HAS PROVIDED PROPER HYPAA authorizations to all necessary parties (the provider, you and the judge).

EVEN IF, as a CUSTOM AND PRACTICE I ALWAYS ENCRYPT MEDICAL RECORDS WHEN EMAILING THEM. It is a simple thing to do and greatly prevents the likelihood of a major HYPAA violation....
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Q: Can an insurance company change how much they pay on a medical claim after they've already paid it?

1 Answer | Asked in Health Care Law and Consumer Law for California on
Answered on Feb 16, 2017

Have the facts changed? Did they find mistakes in the bills or the math? Was there fraud? 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. 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: The dean of my university refused my GP's medical report to be omitted from a certain activity. Is that allowed?

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Medical Malpractice on
Answered on Feb 16, 2017

Seems odd. If they didn't give reasons see if the provost can tell you.
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Q: After 3 years of being a patient at the coag clinic can I be denied treatment if it's the only place to get treatment?

1 Answer | Asked in Health Care Law for California on
Answered on Feb 16, 2017

If your insurer is wrongfully denying coverage, you can file a complaint about that. See: http://www.dmhc.ca.gov/FileaComplaint.aspx#.WKXxqjsrJhE

Have a lawyer also review your insurance terms to see how you can file a complaint with the insurer about denial of coverage. 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...
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Q: Can a Dr. order a laboratory test based on information that a CNA or MA gathered? Doctor never even saw patient

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Answered on Feb 16, 2017

The doctor's order may be acceptable medical practice given the report of the CNA and assistant. However, you shouldn't be reluctant about complaining to the hospital or doctor's office that the lab test order was unnecessary given your symptoms and question the the propriety of the bill.
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Q: If you ask your doctor to put in writing why he changed your medication . Does he have to do it or can he say no?

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Answered on Feb 12, 2017

You can request a copy of your medical records. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: What if my sister is going to get her medical isurance canceled but she need dyalisis every other day

1 Answer | Asked in Health Care Law for California on
Answered on Feb 12, 2017

Why will her insurance be cancelled? 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Is it possible for someone who is in new jersey to visit to see a doctor cause she is 6month pregnant.

1 Answer | Asked in Health Care Law for New Jersey on
Answered on Feb 12, 2017

she should be on medical assistance. Suggest you check with Catholic Family services to see what her availble options are.
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Q: I like to call my Mother's doctor to voice some concerns over her health,

1 Answer | Asked in Health Care Law for New York on
Answered on Feb 12, 2017

HIPAA says yes, typically. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

1 Answer | Asked in Health Care Law and Estate Planning for North Carolina on
Answered on Feb 9, 2017

These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to authorize an agent to exercise powers relating to your property, as well as make certain decisions concerning personal affairs, excluding those relating to health care (except payment of health care...
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Q: Are there any other options on emergency commitment without going through the chancery court? Need help now

1 Answer | Asked in Family Law and Health Care Law for Mississippi on
Answered on Feb 9, 2017

I don't see any other options, but consider contacting a local lawyer. Involuntary commitments required an Order of Commitment signed by judge and Patient Information Form.

This law firms says: http://kellumlawfirmpc.com/tag/involuntary-commitment-drug-addition-rehabilitation/

"Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility. The law requires that the person asking the court to...
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Q: Do I have a law suit?

1 Answer | Asked in Health Care Law for California on
Answered on Feb 7, 2017

You should obviously have received notice that you had medical insurance. You can ask them for copies of such notices, which they should have. Did you provide the correct address to Kaiser? 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. I practice law in CA, NY, MA,...
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Q: Can I sue a hospital for sending me home with a very sick child?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Feb 7, 2017

Depends on her symptoms first time. Things can shift overnight. However focus on her care, then when all the dust has died down and she's well, Contact a member of the Colorado Trial Lawyers Assn who handles medical issues--they give free consults. While it's fresh in your mind, jot down what happened when, then go over it put it in order. Jot down as exactly as you remember exactly what--the words--used by the people you interacted with at the ER. Not a "well I took it to mean that......" but...
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Q: What if I went to the hospital in the doctors refused to do the request that was made? I'm still in pain to this day!

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Answered on Feb 7, 2017

Go back to the hospital. What you have is lame practice but not something you can sue about.
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Q: I need to know what kind of lawyer do I talk to about a few issues that have cause hardship to my living.

1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for California on
Answered on Feb 7, 2017

At this point start with legal aid/legal services as far as getting some assistance,unemployment going. Then talk to a member of CAOC who handles employement issues. They give free consults.
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Q: Is there a lawyer to help file Medi-Cal (first time, myself) properly ?

1 Answer | Asked in Health Care Law for California on
Answered on Feb 7, 2017

Health Law attorneys can help you. Look them up via Justia's lawyer directory. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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