Health Care Law Questions & Answers

Q: My husband has a hernia that is tore and needs to have surgery but is in the county jail waiting to go to prison. What c

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for California on
Answered on Mar 20, 2017

You can contact his attorney and ask him/her to help him get the medical treatment he needs. He may actually be better able to get that attention once he gets to the prison.

I also answered your question on the civil rights forum this way:

Yes. If you have been convicted of a crime and sentenced to prison to serve the term, having a hernia which needs surgical repair will not keep you out of prison. If surgery is or has been suggested, or the condition severe enough to warrant...
View Details »

Q: Are hospitals required to release statistics on infections acquired by patients during a hospital stay?

1 Answer | Asked in Health Care Law for New York on
Answered on Mar 16, 2017

I need more information to fully answer your question, but in general the answer would be no.

The most common exception to this is if the statistics are included within the patient's chart, and it is that same patient or the patient's representative (i.e. An attorney) requesting a copy of the charts. … The patient, as well as the patients attorney, assuming proper authorization was given, may always also go to the hospital's record department and review the entire original chart...
View Details »

Q: My sister and I jointly own the house in which we both live. Can doctors and hospitals put liens on the house for bills?

1 Answer | Asked in Real Estate Law and Health Care Law for Oregon on
Answered on Mar 15, 2017

If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to the co-owner's interest in the property. If you and your sister own the home with rights of survivorship, and she survives you, then the entire equity, minus a statutory homestead exemption, may be subject...
View Details »

Q: If my child has been evaluated and volintary comited for evaluation, do I have leagal right to have him discharged?

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Tennessee on
Answered on Mar 15, 2017

Based strictly on what you say in this question, I would say "yes" - as the parent ( I assume you have legal custody) you have the right to consent to treatment for your child or to withhold consent, or to withdraw consent.

However, if there are any court proceedings involved, this would change.
View Details »

Q: Was given expired medsfrom a pharmacy. Injected meds for 1 wk. Caused panic attack The company wants to compensate

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Answered on Mar 15, 2017

Contact a member of the Illinois Trial Lawyers Association--they give free consults. You want to include the cost to your insurance or you of the treatment you received as they have a "right of subrogation."
View Details »

Q: Can you sue a insurance Co. for not given you the care that you were awarded by a judge.Im 2 years with out a urologist?

2 Answers | Asked in Workers' Compensation, Health Care Law and Insurance Bad Faith for California on
Answered on Mar 14, 2017

I agree with our comments and understand your frustration with the broken California workers comp system. It's broken for the injured workers of Calif but the insurance companies are very content and happy with it. I'm not sure if you ever had an attorney on your case but we would like to assist you on your case. We have offices in Riverside, San Diego and Imperial Counties. Please call us at your convenience to answer more of your questions and assist you on your issues on obtaining fair and...
View Details »

Q: I'm trying to find an attorney pro bono to help me with my mentally disable son. hes homeless and i cant get any help.

1 Answer | Asked in Family Law and Health Care Law for California on
Answered on Mar 12, 2017

There are non-profit groups that provide such help. UC Hastings, for example, runs a non profit group in SF. See: http://www.uchastings.edu/student-life/organizations/hls/index.php

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
View Details »

Q: Can a doctor treat a patient who was a previous workmans comp case that is closed?

1 Answer | Asked in Health Care Law and Workers' Compensation for Florida on
Answered on Mar 12, 2017

They may have it confused. You can see the doctor assuming he takes your health insurance.
View Details »

Q: My mom won a lawsuit and is on Medicaid and Medicare. How can we protect her benefits

1 Answer | Asked in Health Care Law for Indiana on
Answered on Mar 11, 2017

If your mother had an attorney represent her on the lawsuit, she should consult with him. There may be significant tax and estate planning issues that should be resolved BEFORE she gives money away!
View Details »

Q: Can a school release a students medical info without consent

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Answered on Mar 11, 2017

Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. 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....
View Details »

Q: My exhbd & I share custody 50/50 w/no court agreement, I pay for our childs health care & her bills can i get support?

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Pennsylvania on
Answered on Mar 4, 2017

To get an answer to this question, you really need to talk to a family lawyer near you. There are a number of questions that a lawyer needs to ask to give you an answer and explain how to achieve your goal of getting support.
View Details »

Q: Were my friend's rights violated during her military medical appointment?

1 Answer | Asked in Civil Rights, Military Law and Health Care Law for California on
Answered on Mar 3, 2017

Your friend needs to speak with a lawyer who is knowledgeable with regard to military law and the rights of military members. Since you are not the possible client, it is difficult to give advice in such a situation.
View Details »

Q: Elderly couple - woman need conservatorship of spouse or guardianship?

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee on
Answered on Mar 3, 2017

Someone ( most likely the spouse) should file to have him declared incompetent and a conservator appointed for him. SHE ( the wife) does not have to be the conservator, although as spouse she has the right to serve if she wants to. If she can't handle the chore, HE still needs a conservator, and in some jurisdictions, there is a "public guardian" ( kind of like a public defender) who can be appointed to act for those people who don't any kin willing to serve.
View Details »

Q: can a hospital deny a power of attorny and medical derective

1 Answer | Asked in Health Care Law for California on
Answered on Mar 3, 2017

Are there problems with the document itself or how it was effectuated? That is sometimes the reason for such denials. That's why it's key to make sure you have a high quality attorney draft such crucially important documents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
View Details »

Q: a dentist at a dental school shared my medical information with a co worker I lost my job , what attorney ??

1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Answered on Mar 3, 2017

I am licensed only in Louisiana, but under Louisiana law, this would fall within the realm of malpractice. I would suggest you start by contacting an attorney that handles medical malpractice matters. Good luck.
View Details »

Q: How can I get Health Coverage gaps Penalty exemption?

1 Answer | Asked in Tax Law and Health Care Law for California on
Answered on Feb 25, 2017

Consult your tax professional. Based on one of the latest Executive Orders, you may get a penalty waiver for the mandatory section of the ACA. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA.
View Details »

Q: If someone enters a drug rehab voluntarily, after they completethe program is there help after treatment?

1 Answer | Asked in Public Benefits and Health Care Law for California on
Answered on Feb 24, 2017

This sounds like a medical question rather than a legal one. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
View Details »

Q: i'm doc buying a tanning salon, but turning it into a med spa offering medical services- do i need a fictitious permit?

1 Answer | Asked in Health Care Law and Business Law for California on
Answered on Feb 24, 2017

You may need an operating license as well as to register the business if operating under a fictitious business name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
View Details »

Q: if cigna ins. denies MRI request reston spine and pain can i go legally after them. i have no use of rt wrist

1 Answer | Asked in Personal Injury and Health Care Law for Virginia on
Answered on Feb 24, 2017

You need to make sure the doctor has specified why it is needed; that they have stated what their reasons are. Contact the state insurance commission and the Attorney General's office of consumer affairs.Also contact a member of the Virginia Trial Lawyers Assn who handles "insurance bad faith" calims--they give free contacts.
View Details »

Q: How do I go about with HRA frauds department in NY?Lawyer or no? Missed 2 appts already. Will I be arrested ?

1 Answer | Asked in Health Care Law and Criminal Law for New York on
Answered on Feb 24, 2017

Hiding is not the answer. Hire a lawyer to help you respond to the investigation against you. Be proactive. See: https://www1.nyc.gov/assets/hra/downloads/pdf/services/program_integrity/BFI_Welfare_Fraud_English.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
View Details »

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.