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Health Care Law Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Medical Malpractice for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If i am disabled and mentally incompetent at time of conviction can Anything be done .

I was forced to sign up. Please bargain and charged, but i'm not guilty And I'm mentally disabled. My family and I told them that I needed special disability court, but they did not comply at all

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

You can timely appeal on the basis that your plea was not entered into knowingly and voluntarily. You will need to establish through expert medical testimony. Mentally incompetent means lacking the ability at the time of your plea, based on reasonable medical judgment, to understand and... View More

1 Answer | Asked in Health Care Law for Michigan on
Q: Can I sue physical therapy provider for not providing correct service?

I am being as to provide deposition statements for insurance company physical rehab case. They want me to state that clinic did not provide services as advertised. This is true, however do I have a legal interest?

Should I also sue rehab provider or join in lawsuit?

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. You may want to consult with an attorney to discuss all aspects of this. Would you open yourself up to a libel action? Sometimes "not providing services as advertised" could be subject to debate. An... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the... View More

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2 Answers | Asked in Family Law and Health Care Law for Texas on
Q: Can my friend’s sister give me power of attorney of her brother who cannot speak for himself?

He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

No, only the brother can give you a power of attorney to act on his behalf and he can only do that if he is mentally competent. "Some" brain damage does not necessarily mean that he is incompetent, but it does raise a warning flag to make sure he is mentally competent before acting on... View More

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2 Answers | Asked in Family Law and Health Care Law for Texas on
Q: Can my friend’s sister give me power of attorney of her brother who cannot speak for himself?

He is currently in the hospital with some brain damage. His sister has asked me to make important phone calls for her but of course because I’m not legally family I can’t get the information we needs unless she is the one who calls. He is going to need a lot of help and care and I’m not sure... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2024

As my colleague correctly states, the brother himself can, if competent. Otherwise, the guardianship route could be required. POA route is less costly and simpler, if possible. Good luck

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for West Virginia on
Q: Can I sue the Hospital for a misdiagnosis?

About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2024

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More

1 Answer | Asked in Nursing Home Abuse, Health Care Law and Personal Injury for California on
Q: If a patient in a skilled nursing facility was given a chemical restraint without informed consent does it fall in the

category of medical malpractice

James L. Arrasmith
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answered on Jul 2, 2024

In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More

1 Answer | Asked in Health Care Law for Hawaii on
Q: where to report fraud Medical Records in Hawaii? called several State Agencies, but no one knows where to report to.

please help. Thanks.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for a week. If you mean issues dealing with the retrieval of medical records, state departments of health usually deal with those matters, such as setting caps on cost per page copies, retrieval fees, postage, HIPAA compliance,... View More

1 Answer | Asked in Health Care Law for California on
Q: As the agent on my bother's advance directive, can I legally request a copy of his medical record after his death?
James L. Arrasmith
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answered on Jul 1, 2024

To answer this question accurately, we need to consider a few key points regarding health care law in California:

1. Role of the agent: As the agent named in your brother's advance directive, you were given authority to make health care decisions on his behalf while he was alive but...
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Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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1 Answer | Asked in Constitutional Law and Health Care Law for California on
Q: How to get an involuntary hold overturned to restore 2nd amendment. Location Los Angeles VA. What type of lawyer is need

Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need:

1. Type of lawyer: Look for an...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I can't work in my current job because I have an acoustic neuroma (benign brain tumor)

My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:

1. Medical condition as a reason for unemployment:

In California, you may be eligible for unemployment benefits if you had to leave your job...
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Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
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1 Answer | Asked in Health Care Law for California on
Q: Motion to Compel further responses to interrogatories and to production demands

Can Motion to Compel further responses include both: compelling responses to special interrogatories, and to production demands?

James L. Arrasmith
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answered on Jun 26, 2024

Yes, a Motion to Compel further responses can include both compelling responses to special interrogatories and production demands in California.

Key points:

1. Combined motion: In California civil procedure, it's common and often efficient to combine motions to compel further...
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1 Answer | Asked in Social Security and Health Care Law for California on
Q: SSDI- Looking to replace lawyer 2 months prior hearing due to lack of cooperation

SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.

Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.

Here's some advice to consider:

1. Replacing a lawyer this close to your hearing date is possible but can be risky:

- It may be difficult to find a new...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
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