Health Care Law Questions & Answers by State

Health Care Law Questions & Answers

Q: Does a mature minor (not 18) have a right to withhold medical info from a legal guardian in Missouri? Please cite.

1 Answer | Asked in Medical Malpractice, Health Care Law and Juvenile Law for Missouri on
Answered on Jul 23, 2016

Depends on the age, whether the person is an emancipated minor. Bigger issue is how to handle it on a relational/person to person level. I'm assuming the guardian is appointed or a stepparent. Starting a war over information means you can win the war but the battlefield is a mess. I suggest you find a counselor and discuss ways to discuss this issue with the guardian. Short answer is that until you are 18,your rights are limited. Also understand that the more you want to say "I rule" the less...
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Q: Is it required by law for an HIV positive person to disclose their status when giving massages to the general public?

1 Answer | Asked in Health Care Law, Civil Rights, Criminal Law and Personal Injury for Louisiana on
Answered on Jul 23, 2016

As it normally wouldn't be likely to result in transmission I don't think so--why not contact the board in Louisiana who licenses masseurs or whatever this person was.
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Q: Need help with my situation!!!

1 Answer | Asked in Consumer Law, Workers' Compensation, Civil Rights and Health Care Law on
Answered on Jul 22, 2016

You need to call the state trial lawyers association/association for justice to find workers compensation and employement law attrorneys in your area. They give free consultations.Whether a company has to pay a bill or not depends on if the injury is work related. Whether a termnation is proper or not depends on employment law. There is no right to be employed except by contract or union agreement.Apply for Medical Assistance now, as in most states it covers bills back from the date you...
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Q: Is there an actual federal code for informed consent for medical treatment unrelated to research?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Jul 20, 2016

Malpractice claims are almost always going to be controlled by state substantive law. Google "Maryland informed consent law" for Maryland law which differs from many other states.
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Q: If a sentinel event occurs, is the hospital liable for long-term damages?

1 Answer | Asked in Health Care Law and Medical Malpractice for Nebraska on
Answered on Jul 19, 2016

Not sure what you mean by a "sentinel event"as it can mean many things.But it sounds like you mean an error that cause a damage, possibly longterm. Short answer is if it was due to carelessness, yes, but.....legislatures are very protective of the medical profession so medical carelessness cases are very hard to prove. However members of the Nebraska Trial Lawyers Assn/Assn for Justice--give free consultations so you/your family can get advice. Suggest you get one.However don't discuss this on...
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Q: Legs are in pain after 3 days in the hospital and no medicine or treatment to prevent blood clots. Do I have a case?

2 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Jul 19, 2016

First you should see a doctor about the pain to determine its cause. If it's determined that the problem would have been preventable, then you should consult with an attorney.
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Q: A brother has told his sister he will obtain an injunction to prevent her from seeing their mother.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Tennessee on
Answered on Jul 11, 2016

In the strictest sense, yes, his word is enough IF he is believeable, sincere, articulate, or in other words, he does a good job communicating and testifying. If always up to the Judge to make this kind of decision, and its not based on how many people testify- its who is the most convincing. I thinks its unlikely that any Judge would totally cut off immediate family from all contact with their mother, although if the sister is creating a problem during her visits, the Judge could limit the...
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Q: Can my employer stop my health insurance after 6 months of w/c? I have to pay back my part of the premium once return

2 Answers | Asked in Health Care Law, Employment Law and Workers' Compensation for Pennsylvania on
Answered on Jul 8, 2016

Workers' compensation does not provide any form of additional job security. If you have a union or a contract, that can provide additional protection. You may also obtain some job protection for 12 weeks under the FMLA. To answer your specific question, barring a contract to the contrary or entitlement to FMLA protection your employer may stop your health insurance benefits immediately after you stop working, and even if FMLA applies, it would only protect you for 12 weeks, so they could...
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Q: Can my employer get medical info from my doctor in Texas

1 Answer | Asked in Employment Law, Medical Malpractice and Health Care Law for Texas on
Answered on Jul 7, 2016

Close one. Question is also is there a legal remedy. Discuss first with your divorce attorney. If you can prove it's so then there may be other options, which you'd want to discuss with a member of the Texas Trial Lawyers Assn who handles employment issues.
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Q: I am mentally ill and a residential care facilities kicked me out without concern for my welfare. I want justice.

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Health Care Law on
Answered on Jul 7, 2016

Depends on the circumstances. I'd begin by contacting your local legal aid/legal services office and ask if they have a mental health rights program or know of one in your state. Then contact that program.
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Q: Can I still sue a hospital after 4 years.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Jul 5, 2016

I don't see any facts that would get you out of the statute of limitations, but contact a member of the Texas Trial Lawyers--they give free consultations.
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Q: In state's custody and against my wish,my son was given vaccines that nearly killed him while in the niccu.

1 Answer | Asked in Civil Rights, Health Care Law, Medical Malpractice and Personal Injury for California on
Answered on Jul 1, 2016

First can it be said the shots did any significant lasting damage? If not, then your son wouldn't have a claim.But why not get a consult from an attorney in your area who gives free cosultations in medical malpractice cases?
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Q: Can my father withhold medication from me?

1 Answer | Asked in Health Care Law, Juvenile Law and Personal Injury for California on
Answered on Jul 1, 2016

A close question. Technically he is trashing your property. However, you chose to live with him so a complaint to the police may make staying there tough.Is there a relative you can stay with perhaps?
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Q: Am I responsible for dishonestly explained and patently unnecessary laboratory charges that my insurance won't cover.

1 Answer | Asked in Consumer Law, Health Care Law, Medical Malpractice and White Collar Crime for Texas on
Answered on Jun 29, 2016

Generally people that protest and keep on get reductions. Suggest you collect documents firs. Then talk to journalists, file a complaint with the health department and the insurance department. Certainly sounds like an abusive practice.
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Q: when is Boston scientific going to pay? Hope it is better that the other 2. Especially Coloplast

1 Answer | Asked in Products Liability and Health Care Law for Georgia on
Answered on Jun 28, 2016

You need to contact a member of the Ga. Trial Lawyers Assn who handles medical products.This isn't a d.i.y. thing. You may have statutes of limitations so you need to consult an attorney as soon as possible.
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Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm not seeing that you ran it through the out of network on your policy. Suggest you file a complaint with the medical board and also the insurance commissioner for your state. It's a common problem and there may...
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Q: I have a question about a malpractice suit

1 Answer | Asked in Health Care Law and Medical Malpractice for Massachusetts on
Answered on Jun 25, 2016

The HIPAA violation is not insignificant but has no real remedy. The big question is did they take an adequate profile, did they schedule him for appropriate liver screenings on an appropriate time table, who prescirbed and under what conditions of information. I suggest you contact a member of the Mass Academy of trial Lawyers . There are a number in your area.
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Q: I had a surgery done to my knee at a outpatient surgery center. The surgery went well. However, within hours of coming

1 Answer | Asked in Health Care Law and Medical Malpractice for Pennsylvania on
Answered on Jun 23, 2016

Sounds like it. Fortunately you got to someone in time so this may be one of the thousands of "freebies" the medical profession gets each year--cases where the carelessness is caught in time before lasting harm happens, so the case is not worth the $30,000 or more it costs to handle a malpractice case (you only get damages for what did happen,not what could have.)

Hope all goes well, There is a two year statute of limitations so once you are on the road to recovery check with a medical...
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Q: Can my dr of 26 years drop me with no notice or referrals to other dr's? I have several autoimmune disorders.

1 Answer | Asked in Health Care Law and Medical Malpractice for Pennsylvania on
Answered on Jun 23, 2016

Abandonment is sketchy but not illegal, and your energies are better spent finding another doctor. If he is part of a large medical grouping--Geisinger, UPMC, Reading Hospital etc--call their patient care coordinator and explain your confusion and ask if they can give you a referral.
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Q: Florida law Husband passed acquired 80,000 medical debt from 6 different hospitals & 1 rehab center, Spouse Responsible?

1 Answer | Asked in Bankruptcy, Collections, Family Law, Health Care Law and Probate for Florida on
Answered on Jun 22, 2016

Not unless she signed an agreement to be responsible.
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