Lawyers, Answer Questions  & Get Points Log In
Health Care Law Questions & Answers
1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... Read more »

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Health Care Law for Tennessee on
Q: How do I know if I was legally considered voluntarily or involuntarily from the ER to a mental institution?

Went to the ER with a family member because I was suicidal. They had someone talk to me on an iPad and an hour later they moved me to the “ psychiatric hold area” I was there for 3 days and then sent to a psychiatric facility. When I got there the Dr asked me if I wanted to stay, I said yes. I... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

It sounds like you may have been there voluntarily. You can ask the hospital for your medical records and see what is in those records. That would be a good start.

1 Answer | Asked in Health Care Law on
Q: I requested an amendment to my medical records at an ER, was told that doctor’s no longer there. So, what now?

I formally filled out a form in person. Fifteen minutes later I received a call from their department of records saying they couldn’t do anything and basically my request can’t be reviewed or granted.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2023

A South Carolina attorney could advise best, but your question remains open for three weeks. It sounds like you already went through hospital administration for patient records. Sometimes the ER physicians operate as separate entities from the hospital, with their own physician's billing and... Read more »

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
Read more »

1 Answer | Asked in Health Care Law and Divorce for Michigan on
Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law on
Q: Is it against my civil rights to have a ambulance refuse me aride to the hospital

Refused me a ride to the hospital cause I don't have any insurance or money

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2023

It could depend on factors outside of civil rights, such as level of patient care needed, the type of ambulance service, ambulance service's procedures, and other factors. Good luck

3 Answers | Asked in Criminal Law, Health Care Law and Identity Theft for Minnesota on
Q: Charges for Using Discarded Medical Info for ID Theft

This is a weird one. What charges could someone face for using medical (biohazard) trash/waste to obtain info for Identity Theft?

Sarah Gad
Sarah Gad
answered on Jan 21, 2023

Tampering with medical/biohazard waste can engender both civil and criminal penalties, but the penalties vary substantially depending on the context, who the offender was (i.e., a medical employee, company), where it took place, and what the violation was. There are, however, various Federal... Read more »

View More Answers

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

1 Answer | Asked in Health Care Law and Social Security for Tennessee on
Q: i am Durable POA with matter-in-fact w/2 notarized signatures Tenn. How come i can't get medical records with that?

I am Durable POA for my son. I have dealt with his banking, IRS, SSI and none of them had a problem with my POA document. I am having a really hard time trying to retrieve his recent medical records for SSI. The facility is saying my document isn't all there. There's 4 pages with my name,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

Matter Of Fact is not an Attorney-In-Fact nor an agent for the Principal. Hire a competent attorney to examine the executed POA and advise. Is your Son of age? Did the Notary execute it properly? Did the Principal initial all non-signed pages? A new, properly executed instrument is probably in... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can a consumer who is voluntarily seeking treatment and has a safety plan be placed in emergency detention?

My wife went to a police department in the town we live in & had an assessment done. After returning the officer told me she didn't meet e d criteria but there was something there. The following day she again went in for an assessment voluntarily. That's when a e d was placed.... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

If the person meets criteria for emergency detainment for mental/consumer related things, then yes the person can be taken into custody. This is custody of the state mental health system, and not specifically county, therefore they transfer frequently to other care facilities in order to provide... Read more »

2 Answers | Asked in Elder Law, Estate Planning and Health Care Law for California on
Q: I am 80 yrs old and without friends, family, or church to see to my last wishes when the time comes. Do lawyers do that?

No doctor either. I"m with Kaiser Permanente and their doctors don't keep track of what patients they have. I have a will but no one to carry out any end of life wishes.

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2023

A California attorney could advise best, but your question remains open for two weeks. Yes, lawyers do handle such matters. Your question probably went unnoticed in the general Uncategorized heading. There are lawyers who work with living wills, DNRs, and related issues. You could repost your... Read more »

View More Answers

1 Answer | Asked in Elder Law and Health Care Law for California on
Q: DPOA documents from Another State- does California have to obide

My dad lives in another state. I am his DPOA for healthcare, financial and numerous other items. I am his healthcare proxy,also.

We have a letter signed by doctor that Dad should not be making his own financial or personal decisions.

The medical personnel Ca is stating that this... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 5, 2023

Generally, a DPOA that is valid when executed (in any state) will remain valid even if you move to another state; however, it is still a good idea to execute a DPOA in the new state. Typically a DPOA is for financial decisions, not medical.

You should probably look into a Durable Power of...
Read more »

1 Answer | Asked in Personal Injury, Business Law, Health Care Law and Public Benefits for Mississippi on
Q: What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.

In 2022 I suffered a sudden onset of anxiety and depression after a bout with corona virus. With no known cause I began to go to doctors to try and seek out reason. After an MRI to evaluate my pituitary gland it was discovered that I had suffered at least two ischemic attacks(strokes) of the... Read more »

Damon Miller
Damon Miller
answered on Jan 2, 2023

Hello!

For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of...
Read more »

1 Answer | Asked in Car Accidents, Health Care Law and Insurance Defense for Colorado on
Q: Hi my friend used to drive an ambulance, while driving in accident getting sued what kind of lawyer is needed, Colorado

Hi my name is Mary and I am a resource navigator I have a client who needs a lawyer but I am unsure what kind of lawyer to help her find. She is 19 and used to drive an ambulance, while driving she was in an accident she just was served stating she and the ambulance company is being sued. What... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like your friend needs an insurance defense attorney. Occupants of the other vehicle are apparently making a claim for bodily injury or property damage, or both. She should make a copy of the papers she... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Arkansas on
Q: Why does Arkansas violate the intractable pain act of 2006? Can they be sued?

Arkansas is supposed to have a law to allow doctors to prescribe pain medication that actually works but they have been depriving patients of this medication and causing them to commit suicide or turn to dangerous street drugs so they don't have to suffer 24 hours a day. It will drive you to... Read more »

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

The Intractable Pain Act provides a defense to licensed physicians for prescribing narcotics to certain patients with intractable pain. It provides a defense to criminal prosecution and does not create a civil cause of action, much less one against the state.

That does not REQUIRE a...
Read more »

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Arizona on
Q: I recently went the ER, after 6 hours. I was given my discharge paper an told to leave

The doctor came in asked me what was going on where pain was said he was gonna check the results from ultrasound and be back and never came back, never saw my nurse either some random lady came in took out my ivs throw down the discharge paper work tells me to sign an leave, no one told me anything... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. There wasn't a question included, but if you are wondering if the incident rose to the level of providing you with grounds for a med mal case, it doesn't sound like it. There is generally a need for showing... Read more »

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.