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
Timur Akpinar's answer
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?

1 Answer | Asked in Personal Injury and Health Care Law for Texas on
Answered on Feb 13, 2019
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.

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

1 Answer | Asked in Health Care Law and Tax Law for Ohio on
Answered on Feb 12, 2019
Matthew Williams' answer
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?

1 Answer | Asked in Health Care Law for Ohio on
Answered on Feb 8, 2019
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.

Q: I was misdiagnosed by three practioners of a local hospital and consequently suffered more damage and needed two more su

1 Answer | Asked in Health Care Law for Pennsylvania on
Answered on Feb 4, 2019
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.

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
Peter Munsing's answer
Contact the hospitals patient advocate and your family doctor.

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
Peter Munsing's answer
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
Gary Kollin's answer
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
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

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
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.

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
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.

Q: Can you ask a patient to get a HIV test if you were poked?

2 Answers | Asked in Personal Injury and Health Care Law for California on
Answered on Jan 18, 2019
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).

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
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.

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
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.

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
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.

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
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.

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
Peter Briskin's answer
You can go to your local police department and report the crime.

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
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

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
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.

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