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Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... Read more »

1 Answer | Asked in Health Care Law for California on
Q: Psychiatrist prescribed Austedo or Ingrezza for tardive dyskinesia, but my Kaiser insurance won't cover it. Can I sue?

These are the only two medications for T.D. My psychiatrist is telling me to sue and he's saying that Kaiser has had to pay out often over the past twenty years for not adequately covering mental health problems.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

You may be able to sue for insurance bad faith if they are unjustifiably denying your claim.

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

1 Answer | Asked in Civil Rights, Elder Law and Health Care Law for California on
Q: 1. My friend (boyfriend) of two or three years has heart issues. 2. His request always is to be housed near me.

3. When being discharged to nursing facility his sister moves him without his knowledge.

He states that she doesn't have durable power of attorney.

He wants me to make decisions so he can be near me. Feels he gets better with me near by

I live in Hemet CA (Riverside... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

He should speak with an estate planning attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce and Health Care Law for Maryland on
Q: My daughter is 18, still under my insurance. Her co-pay and uninsured procedures exceed $200. Who pays that extra bill?

I can't afford a lawyer but currently submitting on my own. I've texted my ex to no avail. I want to submit legal paperwork but unsure how to get started.

Thx

Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Unless the date of service for the healthcare that resulted in the bill occurred before she turned 18 (or after she turned 18 but was still enrolled full-time in high school before completing her senior year), then the obligation to pay any deductibles and co-pays is hers alone, since she is now an... Read more »

1 Answer | Asked in Health Care Law for California on
Q: What are the law's governing the practiceing medicine without a license in california

There is also verifiable proof that my sensitive my former health care worker changed his medical title from RN to NP right under the nose of the administration with NP c title he could operate the hemotology analyzer override the test results change the test results ti coinside with a questionable... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Here's a link to the California Medical Board with some information for you: https://www.mbc.ca.gov/Consumers/unlicensed-practice.aspx [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »

1 Answer | Asked in Civil Rights, Family Law and Health Care Law for Virginia on
Q: Is my past mental health evaluation protected by HIPAA PRIVACY RULE or civil rights ; taken without permission and used

After being in relationship 7 years with a registered nurse relationship ended with a 1 year old child . EXTREMELY OBVIOUS that she took my personal mental health evaluation (without my permission) preformed 20 years ago . without shadow of doubt secretly used against me in a 5 year horrific... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Sep 20, 2022

It is not clear that the evaluation was used against you. You could always check the court's file at the clerk's office. A court ordered evaluation could be admissible without an expert witness. Anything else would be hearsay, and the evaluator would likely be required to appear and... Read more »

1 Answer | Asked in Health Care Law and Personal Injury for Texas on
Q: How long do sun behavioral hospital in houston keep the video footage of patient.

It’s been 1 and a half year since my brother was discharged and we are looking at a lawsuit. Ty.

Jaime Victor Papa
Jaime Victor Papa
answered on Sep 19, 2022

If you filed a lawsuit, I would use the discovery process to find out.

2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: My PCP injected me w/trulicity & bydureon. I don’t have diabetes, I am now impaired as a result what should I do

I did not have diabetes and am no medication except a water pill today , as a result of the medication my skin lifted off my body and my internal fluids leaked out. I had to be hospitalized and re-learn to walk and have lost my professional career

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

You should contact a personal injury/medical malpractice attorney right away. You only have 1 year after the malpractice to file a claim/lawsuit against the doctor.

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1 Answer | Asked in Real Estate Law and Health Care Law for California on
Q: My husband and I just bought a mobile home in Newport Beach, Ca. The downstairs bathroom window is

part of back neighbors patio where he and guests smoke constantly. Smoke comes in causing health problems. Is there anything I can do to change lot lines or a fence?

Thank you,

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

Have you tried [respectfully] working out a solution with the neighbor? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... Read more »

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Public Benefits for Connecticut on
Q: where can i get more help regarding opioid damages?
Tim Akpinar
Tim Akpinar
answered on Sep 14, 2022

A Connecticut attorney could probably advise best, but your question remains open for two weeks. You could look up law firms that handle product liability cases, in particular ones that specialize in pharmaceutical drugs. Firms in this sector often hold themselves out for particular drugs, in terms... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Virginia on
Q: I just had heart surgery and my employer of 15 years seems to be trying to find a way to fire me. Should I lawyer up?

My employer quite suddenly has begun writing me up for perceived performance opportunities that seem fabricated after never receiving developmental feedback like this. I’m worried it is because I had health problems and needed open heart surgery. It could also be my tenure with the company. It... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

Under the Americans with Disabilities Act, employees cannot be discriminated against or targeted for termination based on a disability or need for an accommodation based on a disability. If you think your employer is targeting you for termination based on your past surgery and/or ongoing related... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Florida on
Q: Hello, I am a 24 year old Florida Resident. My questions relates to a concealed weapon permit and purchase of firearms.

I have no criminal history or even traffic citations. I was however Baker Acted when I was 17 for suicidal ideation. I was not handcuffed and there was no police report. I wanted to know if this baker act would show up when applying for a concealed weapons permit or gun purchase (since I was a... Read more »

Stephen K. Brooks
Stephen K. Brooks
answered on Sep 12, 2022

Most likely the answer is yes, it will show up.

License to carry concealed weapon or firearm:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section....
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1 Answer | Asked in Health Care Law for Florida on
Q: Good Morning, I have a ? My daughter which is 16 recently went to have STD check, do to unprotected.

My husband took her and requested to have blood work done for STD, pregnancy test A urine can check for Chlamydia & Gonorrhoeae . They did blood work for other , but the Physician & staff ended up getting her to sign consent for Pelvic , if needed? Then he used a speculum on her &... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 12, 2022

And what is your question? If you meant to ask if you can sue, the answer is probably not; your daughter doesn't appear to have suffered any significant money damages.

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 10, 2022

The United States of America abolished slavery in 1863.

1. Neither your doctor nor any other doctor is required to treat patients who are on Medicade.

2. Neither your doctor nor any other doctor is prohibited from requiring patients to pay cash at the time of service.

3....
Read more »

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