Health Care Law Questions & Answers by State

Health Care Law Questions & Answers

Q: I live in Florida. Why is the claim being decided by an adjudicator in Kentucky

1 Answer | Asked in Employment Law, Gov & Administrative Law, Health Care Law and Social Security for Florida on
Answered on May 3, 2016

Because it is Social Security administrative law. My guess is the Social Security Administration doesn't have venue rules requiring that a matter be adjudicated in the state in which the applicant resides. I suggest that you contact the SSA and ask whether and how it can be transferred to somewhere closer. Alternatively, you can ask that any required hearings be telephonic.
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Q: Is it a HIPAA violation to publish a book about a nurses job and patient identifiers are not used and hospital not named

1 Answer | Asked in Health Care Law for Georgia on
Answered on Apr 28, 2016

It is probably ok, but much caution needs to be exercised that nobody is identified or you could have an invasion of privacy case on your hands (defamation of character, libel, and slander) and the damages could be very large. Proceed with extreme caution and discuss this in detail with the publisher and the attorney for the publishing company as well.
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Q: I had a CT SCAN with contrast last night and I am allergic to iodine and they know this because its in my medical file.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Apr 9, 2016

Medical malpractice cases are quite expensive, risky, and complicated. It appears that you had an allergic reaction to the Iodine and the hospital failed to take this into account; however, if the injuries were minor, it would be a tough case from a practical standpoint to handle due to the expense of these cases. If the injuries are more serious and longer term in nature, an attorney may be interested in handling the case. You should contact some local attorneys as there may be an attorney...
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Q: If cremated can I still file wrongful death suit against hospital?

1 Answer | Asked in Health Care Law for Arizona on
Answered on Mar 20, 2016

More information is needed to advise. You may not need the body. Talk to a medical malpractice lawyer. Feel free to reach out for a free consultation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents....
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Q: Who is responsible for medical bills in a hit and run. I am a school crossing guard and got hit?

1 Answer | Asked in Health Care Law and Personal Injury for California on
Answered on Mar 19, 2016

Some medical providers file liens as a matter of course to put the world on notice that there is a balance due to the medical provider. The fact that a lien was filed does not mean that you will owe significant bills once worker's compensation pays. You should contact a local worker's compensation attorney to get advice on this matter. You may also be covered for medical bills under your own automobile insurance policy even though you were injured as essentially a pedestrian. Good luck.
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Q: My mother inlaw was in a nursing home for two week hospice paid first five day the she was denied Medicare she die on

1 Answer | Asked in Collections and Health Care Law for Rhode Island on
Answered on Mar 16, 2016

Sorry for your loss. If you signed a guarantee for her medical costs, you may be contractually obliged to pay.
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Q: How does my family in Georgia commit my adult sister who is mentally ill and won't get help?

1 Answer | Asked in Health Care Law for California on
Answered on Mar 12, 2016

Is your sister in Georgia or California? This will almost certainly be a state law issue so if your sister is in Georgia, you need to repost this in the Georgia forum. The fact that you're in California doesn't mean anything if your sister is in Georgia.

Andy
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Q: what are my rights in regards to involuntary impatient facility in Georgia? *i am not a harm to myself or others*

1 Answer | Asked in Health Care Law for Georgia on
Answered on Mar 11, 2016

You have the right to a habeas corpus hearing so the facility that is holding you involuntarily you need to ask for the paperwork to request a hearing and you can also ask that to see a case manager. If you are being held on a Baker Act that is generally 72 hours, and if you are being held after that time frame then start requesting that you see a case manager, that you have a hearing, and that you are fully advised of all of your rights while being held. See also:...
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Q: Will Georgia hospitals drug test newborns and their mothers?

1 Answer | Asked in Health Care Law for Georgia on
Answered on Mar 7, 2016

If there is a medical need, then they will. If mothers are on drugs they need to know this information to treat the child and DFACs may also get involved.
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Q: Dental Insurance - Are there any remedies for work done before the waiting period?

1 Answer | Asked in Health Care Law and Consumer Law for Colorado on
Answered on Mar 3, 2016

From your facts is appears that your dental insurance company provided adequate notice to you and applicable dentists, so you likely do not have a claim against the insurance company. Turning to your husband's dentist, your situation is not a clear-cut case. Unless the dental agreement states otherwise, the DDS' office is generally not required to notify you of potential billing problems (a contact law claim); however, most insurance companies require that doctor's offices pre-authorize...
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Q: Can a doctor put in my medical records to my primary doctor that I owe him $30 and that is the reason for me leaving.

1 Answer | Asked in Health Care Law for Georgia on
Answered on Mar 3, 2016

Pay the $ 15 and move on.
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Q: Chiropractor won't show me my bill.

1 Answer | Asked in Health Care Law for Georgia on
Answered on Feb 24, 2016

Yes, you have a right. It is called the open records act and also you are the patient and there is no reason that any information for any doctor should be withheld from you. P.S. If you have a personal injury case or were hurt in an accident, then see a doctor (orthopedic, etc.) and not a chiropractor or you'll get screwed in the long run.
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Q: Respectfully I request help with a question about the problem I have with a conflict of interest with probation officer.

1 Answer | Asked in Criminal Law and Health Care Law for New Jersey on
Answered on Feb 21, 2016

Unlikely courts will grant removal since probation officers also have access to court files. discuss with original attorney.
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Q: Can your medical provider not write down your questions or concern leaving you no account from your injury

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Answered on Feb 16, 2016

Different doctors take notes differently. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
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Q: I was arrested and took to hospital where the officers held me down why dr stick his fingers in my anus. Is this legal

1 Answer | Asked in Criminal Law and Health Care Law for Tennessee on
Answered on Feb 16, 2016

Doesn't sound like it! Contact an attorney ASAP!

Visit www.wafulalaw.com for regular updates and a listing of my services!

Disclaimer: Any information given above is for educational purposes and is not intended to provide specific legal advice.
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Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Answered on Feb 12, 2016

Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
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Q: My baker acted 12 yo daughter was without supervision & another patient took advantage of her. Can someone help please?

1 Answer | Asked in Health Care Law, Juvenile Law and Personal Injury for Florida on
Answered on Feb 12, 2016

You can use the find a lawyer tool on this site, or google, to search for lawyers in your area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...
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Q: I want to know if there is law that says person should seek medical attention for a person having seizures

1 Answer | Asked in Criminal Law, Health Care Law and Personal Injury for Arizona on
Answered on Feb 8, 2016

Usually a special relationship is required. Talk to a local injury lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice...
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Q: Had to take an ambulance ride. The ambulance company did not file the claim to the insurance company in their allotted

1 Answer | Asked in Collections, Health Care Law and Consumer Law for Colorado on
Answered on Feb 8, 2016

I' handling a similar matter like this today. There is not a clear rule on this matter and it partly depends on your insurance. As a general rule, your insurance carrier requires the ambulance company (like all medical billers) to follow certain procedures. If the biller (the ambulance company) cannot properly file a claim with your insurance, they cannot seek payment from you (the patient). In reality, most medical billers will charge you anyway. Try contacting your insurance company to see if...
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Q: MS orthodontist overcharged us by $700, but will not refund the amount. What options do I have?

1 Answer | Asked in Health Care Law for New Hampshire on
Answered on Jan 28, 2016

You could certainly retain a lawyer to investigate your options, but for such a (relatively) small amount, you would quickly spend more in legal fees. You may want to look at small claims court action. You can file and manage those online. May be enough to at least settle for some of the money.
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