Health Care Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Health Care Law Questions & Answers
Q: Can I sue for consent to surgery while medicated?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Rahlita D. Thornton's answer
It is best to consult with an attorney in your country. Laws vary from state to state and from country to country. But, it sure sounds like something to consult with an attorney about. I know that there are other factors to consider after having certain weight loss surgeries as well. Good luck to you.
It is best to consult with an attorney in your country. Laws vary from state to state and from country to country. But, it sure sounds like something to consult with an attorney about. I know that there are other factors to consider after having certain weight loss surgeries as well. Good luck to you.
Q: Hospital #1 files bankruptcy. Hospital #2 buys them. Old collections hired by hospital #1 contacts me about old bills.
Timothy Denison's answer
Make them provide you with any documents you signed which indicate your indebtedness. Most go away after that request.
Make them provide you with any documents you signed which indicate your indebtedness. Most go away after that request.
Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold
Linda Simmons Campbell's answer
When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.
When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.
Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?
Terry Lynn Garrett's answer
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments
1 Answer
| Asked
in
Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law
for
Virginia
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
Q: Can I patent a mouthwash made w/ over-the-counter ingredients offering no health claims other than fresh breath?
1 Answer
| Asked
in
Copyright, Health Care Law, Intellectual Property and Patents (Intellectual Property)
for
New York
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
Peter D. Mlynek's answer
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.
A couple of notes:
(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients, mix them up to make a new mouthwash, and get a patent on it. There must be some sort of unexpected results, such as synergistic effects.
(2) You are going to have to come up with some hard-core...
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.
A couple of notes:
(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients, mix them up to make a new mouthwash, and get a patent on it. There must be some sort of unexpected results, such as synergistic effects.
(2) You are going to have to come up with some hard-core...
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.
You should be asking Kaiser and the care facility in Oakland these questions.
Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression
1 Answer
| Asked
in
Personal Injury, Civil Rights, Health Care Law and Medical Malpractice
for
New Jersey
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
H. Scott Aalsberg Esq.'s answer
Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.
Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.
Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Louis George Fazzi's answer
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Q: I owe Tenncare 40,000$. I filed bankruptcy in 2009. Its been 12 years since the tenncare incident.
Anthony Marvin Avery's answer
Was TennCare listed as a Creditor in your Bankruptcy? Were they listed as an unsecured, non-priority Debt? And if so, did the State fight it? You must look at your Bankruptcy File, and will probably have to spend alot of time with the Court's File. Hire a competent attorney. But if TennCare was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.
Was TennCare listed as a Creditor in your Bankruptcy? Were they listed as an unsecured, non-priority Debt? And if so, did the State fight it? You must look at your Bankruptcy File, and will probably have to spend alot of time with the Court's File. Hire a competent attorney. But if TennCare was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.
Q: Can I take my childs dad off child support without losing her medicaid?
1 Answer
| Asked
in
Child Custody, Child Support, Family Law and Health Care Law
for
Louisiana
on
Answered on Nov 19, 2018
Answered on Nov 19, 2018
Ellen Cronin Badeaux's answer
Short answer, no. The state is paying for her medical care and wants to be reimbursed by the father.
Short answer, no. The state is paying for her medical care and wants to be reimbursed by the father.
Q: I need financial help and a good divorce/domestic violence/ mental health lawyer. Over turn settlement?
1 Answer
| Asked
in
Domestic Violence and Health Care Law
for
California
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Dale S. Gribow's answer
a lawyer needs more info
the person in the best position to answer your questions is the lawyer who helped initially.
how long ago was settlement?
a lawyer needs more info
the person in the best position to answer your questions is the lawyer who helped initially.
how long ago was settlement?
Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear
3 Answers
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
New Jersey
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
H. Scott Aalsberg Esq.'s answer
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Health Care Law
for
Georgia
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Q: Hello, If I were to have my criminal record expunged, would I be able to obtain a massage therapy license in Virginia?
Daniel P Leavitt's answer
If you were found guilty that's not technically eligible for an expungement in Virginia.
If you were found guilty that's not technically eligible for an expungement in Virginia.
Q: I'm 17 yo and pregnant, my due date will be in late June, after my 18th birthday. Can my 28 yo husband get in trouble?
1 Answer
| Asked
in
Criminal Law, Family Law, Health Care Law and Juvenile Law
for
California
on
Answered on Nov 3, 2018
Answered on Nov 3, 2018
Angelina Bradley's answer
Your fiance may want to consult with a criminal defense attorney. PC 261.5 is pretty clear it's a crime if an adult has sex with someone under the age of 18. I don't practice criminal law, so I don't know what the statute of limitations would be or the likelihood of prosecution.
But, if you're going to be 18 at the time of delivery, then the medical professionals working with you would no longer be bound to make a mandatory report to child welfare officials because you would no longer...
Your fiance may want to consult with a criminal defense attorney. PC 261.5 is pretty clear it's a crime if an adult has sex with someone under the age of 18. I don't practice criminal law, so I don't know what the statute of limitations would be or the likelihood of prosecution.
But, if you're going to be 18 at the time of delivery, then the medical professionals working with you would no longer be bound to make a mandatory report to child welfare officials because you would no longer...
Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported
1 Answer
| Asked
in
Civil Litigation, Criminal Law, Health Care Law and Wrongful Death
for
Georgia
on
Answered on Nov 2, 2018
Answered on Nov 2, 2018
David Edward Boyle's answer
A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.
A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.
Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home
1 Answer
| Asked
in
Health Care Law, Animal / Dog Law and Patents (Intellectual Property)
for
Indiana
on
Answered on Oct 30, 2018
Answered on Oct 30, 2018
Kevin E. Flynn's answer
I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.
You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be competent to take make decisions and others need to act on that person's behalf.
I hope that this helps.
Kevin E Flynn
I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.
You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be competent to take make decisions and others need to act on that person's behalf.
I hope that this helps.
Kevin E Flynn
Q: Oklahoma Question: Refusal of medical provider to give parent medical bills of 2 minor children. Need help! Thx so much!
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Health Care Law
for
Oklahoma
on
Answered on Oct 26, 2018
Answered on Oct 26, 2018
Pete David Louden's answer
You are entitled to all records concerning the child. The problem you have described happens all the time. The good news is that there is a solution. Simple solution is hire an attorney to modify your existing court orders to include language that addresses this issue.
You are entitled to all records concerning the child. The problem you have described happens all the time. The good news is that there is a solution. Simple solution is hire an attorney to modify your existing court orders to include language that addresses this issue.
Q: why does the hospital think they don't treat or practice medicine when I complaind about the care she had?
Timur Akpinar's answer
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
Your wife could show the letter to a medical malpractice attorney and ask them about her legal rights/remedies in light of the diagnosis for a sinus infection when the condition was in fact gallstones. Whether or not an attorney determined that there was a viable cause of action, she could at least learn what deadlines and statutes of limitations she would need to take action before to preserve her legal rights.
Tim Akpinar
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.
