Health Care Law Questions & Answers

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

1 Answer | Asked in Immigration Law, Federal Crimes, Gov & Administrative Law and Health Care Law for Pennsylvania on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

Q: What should we do? On what grounds can He counter sue?

2 Answers | Asked in Personal Injury and Health Care Law for California on
Answered on Apr 18, 2019
William John Light's answer
You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.

Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?

2 Answers | Asked in Criminal Law and Health Care Law for California on
Answered on Apr 18, 2019
Dale S. Gribow's answer
more info needed.

every case is different.

most common is illegal search and seizure

Q: Girlfriend at hospital in labor. They wanted to break her water to speed it up and she told them no and they held

1 Answer | Asked in Health Care Law for Oklahoma on
Answered on Apr 12, 2019
Kyle Persaud's answer
Possibly she has a claim for assault and battery against the doctors and the hospital.

Q: I want to know if something is medically eithical or right or malpractice

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on
Answered on Apr 12, 2019
Mr. Eugene Ray Critchett Esq's answer
If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.

Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as...

Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?

1 Answer | Asked in Collections and Health Care Law for Michigan on
Answered on Apr 10, 2019
Adam Alexander's answer
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.

Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.

If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...

Q: can i sue my mom for not paying my medical bills even though I'm 18

1 Answer | Asked in Family Law, Collections, Health Care Law and Small Claims for Oklahoma on
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.

However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.

Q: What happens when a company pays employees with a personal check without a pay stub every pay period?

1 Answer | Asked in Tax Law and Health Care Law for Texas on
Answered on Apr 5, 2019
Bruce Alexander Minnick's answer
There is no law or regulation requiring the use of a business account to pay employees. However, there are laws requiring all employers to inform all their employees--at least annually-- of the exact dollar amount they were paid and the exact dollar amounts of all deductions taken out of each employees' gross pay.

Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?

1 Answer | Asked in Family Law and Health Care Law for Massachusetts on
Answered on Apr 4, 2019
Meghan L Howard's answer
It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.

Q: State of NC here, Quit my job to take care of father in law can I charge & invoice family for my services?

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Answered on Mar 30, 2019
Amanda Bowden Houser's answer
Yes, you can but they have no obligation to pay you unless they agreed to do so.

Q: GA catastrophic w/c case WC 207 violation or not?

1 Answer | Asked in Workers' Compensation and Health Care Law for Georgia on
Answered on Mar 29, 2019
T. Andrew Miller's answer
Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep doing as they please and taking advantage.

Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me

2 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.

Q: My aunt has been charged with battery & exploitation with intent to harm an elderly. She says she's innocent

1 Answer | Asked in Criminal Law, Elder Law and Health Care Law for Georgia on
Answered on Mar 13, 2019
Robbie Levin's answer
Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.

For more info visit my website at www.LevinLawyerGa.com

Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on
Answered on Mar 10, 2019
Matthew Williams' answer
You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

Q: I need to change the executor of my will, legal guardian and health care.

2 Answers | Asked in Family Law and Health Care Law for Illinois on
Answered on Mar 8, 2019
Ray Choudhry's answer
These are legal documents that need to be properly drafted.

You probably need a will and powers of attorney for health care and property.

Q: How can someone negotiate a excessive transportation charge for a involuntary 10-13 committal to a psychiatric facility?

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Health Care Law for Georgia on
Answered on Mar 7, 2019
Homer P Jordan IV's answer
You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have. Without seeing the paperwork involved or knowing all the details it is difficult to provide a response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Should I sign an Assignment of Benefits and Designation of Representative form from a medical provider?

1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Answered on Mar 7, 2019
Timur Akpinar's answer
That decision is yours to make, but in general, a medical provider needs an assignment of benefits form to submit a bill on behalf of a patient so that the check is made out to the provider instead of the patient.

Tim Akpinar

Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.

1 Answer | Asked in Family Law, Health Care Law and Elder Law for California on
Answered on Mar 5, 2019
Jeffrey Louis Gaffney's answer
She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be problems.

The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.