Health Care Law Questions & Answers

Q: is there a law that protects a student from a drug interaction when it affects their performance for grades

1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on
Answered on Aug 16, 2017

This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.

http://attorneys.superlawyers.com/products-liability/tennessee/
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Q: For those on Medicare, Should a hospital make a Medicare adjustment to their bill after an auto accident?

1 Answer | Asked in Personal Injury, Car Accidents and Health Care Law for Georgia on
Answered on Aug 16, 2017

They should, but they usually only grease the squeaky wheel. Complain. See if that helps.

Any personal injury lawyer can tell you that medical bills are negotiable, with hospitals.

As a last resort, offer to pay $25 per month, and they likely will have to take it, if the money is not there.
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Q: Hey question

1 Answer | Asked in Health Care Law for Florida on
Answered on Aug 15, 2017

If she doesn't like the questions she can choose not to use the clinic, and go somewhere else. Or, alternatively, not answer the questions she feels are to invasive and see if they extend their services to her anyway.

It does appear that most of the questions may have scientifically valid purposes. She should ask to see the clinic's privacy policy.
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Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went

1 Answer | Asked in Employment Law, Health Care Law and Personal Injury for New York on
Answered on Aug 14, 2017

Lawyer up.... Happy to assist if you want to email me.
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Q: Is it legal for HR to disclose the contents of my medical leave letters written by my doctors to my supervisor?

1 Answer | Asked in Employment Law and Health Care Law for California on
Answered on Aug 13, 2017

There is missing information which would be helpful in answering your query. For example, did you suffer any harm as a result of the HR disclosure of the medical leave letters to your supervisor? In any event, you can send an email or other written communication to the head of HR and protest her decision to disclose the contents of your doctors letters with your supervisor on the grounds that it is personally embarrassing to you.
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Q: Sadly my husband uses, God forbid he ends up in a hospital. What are my rights concerning his health and well being?

1 Answer | Asked in Family Law and Health Care Law for California on
Answered on Aug 13, 2017

Unfortunately you have no rights unless you have a power of attorney for health care. However given his substance abuse problems and your presumptive priority as his wife to be his conservator you may be able to petition the court to be conservator over his health care and finances. This would be a petition initiated in probate court. Not all probate attorneys have experience in these types of conservatorships. If you husband is not receiving public benefits such as disability or social...
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Q: Seeking info on filing for POA/Guardianship of severely mentally handicapped/I'll brother, ODOC inmate

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Oregon on
Answered on Aug 11, 2017

You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at least I hope so.
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Q: My adult son is under the conservatorship of his dad who is my ex-husband.

1 Answer | Asked in Probate, Family Law and Health Care Law for California on
Answered on Aug 9, 2017

Yes, it is possible to petition the court to be appointed co-conservator. Is your ex-husband in agreement and are you two on good terms? You should discuss it first with your ex-husband and seek independent counsel to guide and represent you through the process.
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Q: I was in an accident in '16 w/a girl who hit a tree. I lost my leg. 25000.00 settlement that ends in 16507 left.

1 Answer | Asked in Bankruptcy, Personal Injury, Car Accidents and Health Care Law for Alabama on
Answered on Aug 8, 2017

You didn't ask but I assume you got on social security disability for at least the period after the crash through the year after your amputation. You might see if your lawyer can bring a crashworthiness case. However, with bankruptcy you don't have enough to go 'round so I doubt if it will get you money, but it is definitely a good thing for you to do.
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Q: My dad has bipolar schizophrenia and has been acting aggressively. He has threatened to kill my mom. What should I do?

1 Answer | Asked in Family Law, Criminal Law and Health Care Law for California on
Answered on Aug 6, 2017

From a criminal law stand point, threatening one's life can be a crime under Calif. Penal Code 422, however, one of the elements to prove is not just the threat, but whether your mother believed he had the ability to carry out the threat and would do do so. Based on your question, this type of outburst can be very much associated with an individual suffering from bi-polar schizophrenia, therefore not knowing whether or how your mother received the threat is a big issue. If the family is looking...
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Q: Can my chiro contact me in 2017 for payment on 2015 visits even though i am 100% sure my insurance would have covered it

1 Answer | Asked in Health Care Law for California on
Answered on Aug 4, 2017

That sounds like you may be liable for such, indeed. See: http://www.courts.ca.gov/9618.htm

There's a 4 year statute of limitations on written contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY,...
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Q: My doctor office dismissed me as a patient for argumentative language. I was just persistent and sought correct info

1 Answer | Asked in Civil Litigation, Health Care Law and Libel & Slander for Ohio on
Answered on Aug 3, 2017

Depending on the reason your medical information was released, it could be a HIPAA violation. Find out what was released and to whom. If not proper, then you would need to consult a local attorney to review all the facts and determine if you have any claims. Use the Find a Lawyer tab.
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Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on
Answered on Aug 2, 2017

Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.
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Q: Can my ex husband evict me from jointly owned home?

2 Answers | Asked in Real Estate Law, Health Care Law and Divorce for New York on
Answered on Aug 2, 2017

It would be very hard. But, it is an issue for the matrimonial court and not L&T.
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Q: How can I get my indigent ex-husband on Medicaid in Florida? he is recently diagnosed with Parkinsons/dementia.

2 Answers | Asked in Health Care Law, Family Law and Elder Law for Florida on
Answered on Jul 31, 2017

This site is a free service that we lawyers donate our time to answer basic legal questions for folks like yourself.

This situation is quite complex and there is not a simple answer via this type of forum.

Also, I have no idea what a "Predatory elder care attorney" is but the generalization is offensive. I'm not sure why you ask for free advice and the insult the people you are asking for help from.

I wish your son good luck.
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Q: Is my 14 year old allowed to see the doctor alone

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for New York on
Answered on Jul 26, 2017

Yes, typically. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: I am looking for an attorney to handle patient rights violations against Heritage Oaks hospital in Sacramento

1 Answer | Asked in Health Care Law for California on
Answered on Jul 25, 2017

Was he committed by a judicial order? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Is this Hipaa Violation-A family member asked my dentist to verify if I was seen on spec dates. They released info.

1 Answer | Asked in Health Care Law for California on
Answered on Jul 24, 2017

At first blush, it seems to be a HIPAA violation. The dentist would have to try to find some justification. This could be difficult.
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Q: What is the latest date a party can submit a motion in limine?

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.
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Q: My little girls shoulder pops out of place for any reason.

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Georgia on
Answered on Jul 20, 2017

Medical malpractice cases are quite complex. I recommend that you get your daughter assessed by an orthopedic specialists. If there are issues related to growth and maturity, you may see if an evaluation by and endocrinologist is in order. For an attorney to take on a medical malpractice cases, the attorney will typically look for situations in which the injuries or conditions are permanent in nature.
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