Health Care Law Questions & Answers by State
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Health Care Law Questions & Answers
Q: Are there any lawyers with experience in the mental health laws is Virginia?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Health Care Law
for
Virginia
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Timur Akpinar's answer
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
One option is to check with the Virginia State Bar's Lawyer Referral Service.
Tim Akpinar
Q: Can i file a claim if an unreported superficial injury at work is exasperated by the daily job routine?
Daniel John Christensen's answer
I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.
I am sorry to hear about what you have gone through. A lot of my advice would depend on whether your employer subscribes to worker's compensation insurance. Please contact our office for a free consultation and we can give you the advice you need. 512-888-9999. We look forward to speaking to you.
Q: I write off more then I make so in the governments eyes I make nothing, is it legal to receive food stamps and Medicare
Matthew Williams' answer
Have you talked to a tax attorney? It’s probably illegal to write off more than you make.
Have you talked to a tax attorney? It’s probably illegal to write off more than you make.
Q: How do you go about getting medical records sealed?
Matthew Williams' answer
Medical records are not public and therefore cannot be sealed. There are HIPAA protections in place to avoid unauthorized disclosures. Also, it sounds like they are accurate: he was there because he expressed a suicidal thought. He may not have been serious, and it may not be the most suicidal thought possible, but he said he felt like dying and the friend apparently didn’t believe it was casual.
Medical records are not public and therefore cannot be sealed. There are HIPAA protections in place to avoid unauthorized disclosures. Also, it sounds like they are accurate: he was there because he expressed a suicidal thought. He may not have been serious, and it may not be the most suicidal thought possible, but he said he felt like dying and the friend apparently didn’t believe it was casual.
Q: I was misdiagnosed by three practioners of a local hospital and consequently suffered more damage and needed two more su
Peter Munsing's answer
Depends on the damage as to whether it is worth the costs of looking at it. however, I would suggest you contact a member of the Pa. Ass. for Justice in your area who handles medical carelessness cases.
Depends on the damage as to whether it is worth the costs of looking at it. however, I would suggest you contact a member of the Pa. Ass. for Justice in your area who handles medical carelessness cases.
Q: My husband is being told that he must be transferred to a scaled nursing facility
1 Answer
| Asked
in
Health Care Law, Libel & Slander and Medical Malpractice
for
Pennsylvania
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Q: I want to sue my ex-partner for giving me HSV std. Ex passed it to me and my 2-yr old son.
1 Answer
| Asked
in
Personal Injury, Civil Rights, Health Care Law and Sexual Harassment
for
Georgia
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn in your county--they give free consults.
Contact a member of the Ga. Trial Lawyers Assn in your county--they give free consults.
Q: Is it okay for a Walmart pharmacy to refuse women who have asthma and aren't breathing well a mouth piece for a machine?
1 Answer
| Asked
in
Civil Rights, Health Care Law, Legal Malpractice and Small Claims
for
Arizona
on
Answered on Feb 2, 2019
Answered on Feb 2, 2019
Gary Kollin's answer
While not the best, the machine can be used with only the tube and not the mouthpiece.
While not the best, the machine can be used with only the tube and not the mouthpiece.
Q: Are radiologists free to be careless, by not putting 'all that may be wrong' on reports?
1 Answer
| Asked
in
Criminal Law, Communications Law and Health Care Law
for
Alabama
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Timur Akpinar's answer
No medical professional, or other professional, for that matter, has free license to be careless. The premise is that they will act diligently, thoroughly, professionally, and exercise their best medical judgment in examining films and outlining their findings. Are some more thorough than others? Yes. Is it possibly for one radiologist reading an MRI or CT to identify findings that another might not see? Yes.
Tim Akpinar
No medical professional, or other professional, for that matter, has free license to be careless. The premise is that they will act diligently, thoroughly, professionally, and exercise their best medical judgment in examining films and outlining their findings. Are some more thorough than others? Yes. Is it possibly for one radiologist reading an MRI or CT to identify findings that another might not see? Yes.
Tim Akpinar
Q: I Have a ST Jude SCS , Is there someone that would want to talk about my inclusion of this suit?
2 Answers
| Asked
in
Family Law, Personal Injury and Health Care Law
for
Pennsylvania
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Kathryn Hilbush's answer
I suggest that you Google the unit and, if there's a pending class action suit, contact the litigation group that filed the complaint.
I suggest that you Google the unit and, if there's a pending class action suit, contact the litigation group that filed the complaint.
Q: Can I have my brother declared mentally incompetent and ask for guardianship?
2 Answers
| Asked
in
Family Law, Health Care Law and Probate
for
Georgia
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
P. Justin Thrailkill's answer
You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.
You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.
Q: Can you ask a patient to get a HIV test if you were poked?
William John Light's answer
Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).
Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
Q: My estranged husband dropped me from his health coverage while I am under a doctors care. Do I have any legal recourse?
1 Answer
| Asked
in
Divorce, Family Law, Domestic Violence and Health Care Law
for
Michigan
on
Answered on Jan 12, 2019
Answered on Jan 12, 2019
Brent T. Geers' answer
You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.
You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.
Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?
1 Answer
| Asked
in
Health Care Law, Immigration Law and Civil Rights
for
California
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Kelli Y Allen's answer
Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration attorney assist with the process.
Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration attorney assist with the process.
Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?
1 Answer
| Asked
in
Health Care Law and Intellectual Property
for
New York
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Q: I was intoxicated while I was assaulted, drove away to flee danger, can i press charges? Friend attempted to kill me.
2 Answers
| Asked
in
Personal Injury, Health Care Law and Intellectual Property
for
New Jersey
on
Answered on Jan 5, 2019
Answered on Jan 5, 2019
Q: my husband was inured in a involuntary psychiatric hold, no one will tell me what happened and won't give records
3 Answers
| Asked
in
Family Law, Personal Injury, Health Care Law and Nursing Home Abuse
for
Georgia
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the case with you and determine if this is worth pursuing. Most attorneys offer a free consultation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
You should consult with an attorney who can review the case with you and determine if this is worth pursuing. Most attorneys offer a free consultation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!
2 Answers
| Asked
in
Health Care Law, Immigration Law and Medical Malpractice
for
Texas
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Allen C. Ladd's answer
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?
2 Answers
| Asked
in
Civil Litigation, Health Care Law and Sexual Harassment
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
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