Ask a Question

Get free answers to your Health Care Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Health Care Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for New York on
Q: Facing potential disciplinary action due to staffing issues as RN.

I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2025

I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More

2 Answers | Asked in Health Care Law, Public Benefits and Personal Injury for New York on
Q: How to resolve medical and insurance issues with NYC CARE and Medicaid?

I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More

View More Answers

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for Texas on
Q: How can terroristic threat charges be dropped due to medical issues?

I need help understanding how charges of terroristic threats against my husband can be dropped. He has severe medical issues affecting his mental state. He was admitted to UTMB with septic emboli and other complications. He left the hospital while paranoid and irrational, and after being found in a... View More

Madolyn García Falone
Madolyn García Falone
answered on Mar 10, 2025

Your husband is facing current legal issues regarding the terroristic threat-- it sounds like charges have been filed against him and a warrant has issued for his arrest. Those legal issues need to be handled by a criminal defense attorney because there are overwhelming credibility concerns at play... View More

2 Answers | Asked in Estate Planning and Health Care Law for Florida on
Q: Need steps for effective Florida durable power of attorney

I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 3, 2025

Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Health Care Law for New York on
Q: How to document informal conversations for potential malpractice claims?

As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 28, 2025

In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More

View More Answers

1 Answer | Asked in Criminal Law, Health Care Law and Personal Injury for Nebraska on
Q: Is it legal to arrest a person with brain injury for a recorded threat under medication-induced psychosis?

I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More

Chad Wythers
PREMIUM
Chad Wythers
answered on Feb 25, 2025

It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More

1 Answer | Asked in Consumer Law and Health Care Law for Texas on
Q: Did a lab perform an unauthorized genetic test on me in Texas?

I live in Texas and recently had a genetic test performed by Natera, as ordered by my provider. However, a second test that I did not consent to was also performed. I discovered this through the lab's online portal. I signed the order form in my provider's office for only one test, and... View More

John Michael Frick
John Michael Frick
answered on Feb 25, 2025

Generally, performing medical testing requires the consent of the patient. You should wait for the lab to verify information and determine what happened. The lab may have performed a test on you that was not authorized. It also may have incorrectly disclosed another patient's test results... View More

1 Answer | Asked in Civil Rights and Health Care Law for Texas on
Q: Is this discrimination due to my legal blindness? (New patient paperwork issue)

I went to sign the new patient paperwork at a doctor's office, and I am legally blind with optical neuropathy. The nurse at the receptionist desk refused to help me fill out the paperwork and canceled and rescheduled my appointment for two months later. She handed me the paperwork and told me... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 24, 2025

I would have to say it is not a Federal civil rights violation. The main reason is that Federal Civil Rights Violations must include a federal right or entitlement, taken from you, or violated, by someone acting "under color of state law or state actor."

Thus, If you come in my...
View More

1 Answer | Asked in Health Care Law, Identity Theft and Civil Rights for Texas on
Q: How to address medical treatment denial and personal information hacking issues?

I have been experiencing a situation where a group of people have allegedly hacked into my information and interfered with my medical treatment. For the past 11 months, they have reportedly contacted medical facilities such as Odessa Regional Hospital in Odessa, TX, instructing them not to assist... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

First, you need to identify the people who have hacked into your information and interfered with your treatment. This is not the job of a lawyer. It could be the job of law enforcement or a private investigator who specializes in cyber security.

Second, you need to gather evidence of how...
View More

2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: Is it legal for doctors to deny pain medication due to taking Xanax?

My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 21, 2025

Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.

View More Answers

1 Answer | Asked in Divorce and Health Care Law for Massachusetts on
Q: Will my husband maintain our health insurance during and after divorce in MA?

My husband and I are going through a divorce in Massachusetts, and he currently provides health insurance for me and our children. I earn slightly more than him. There are no court orders in place regarding health insurance, and I am concerned about coverage both during the divorce proceedings and... View More

Brian Waller
Brian Waller
answered on Feb 20, 2025

He will definitely need to maintain the insurance during the divorce. There is an automatic (financial) restraining order that goes into effect at the start of the divorce (Supplemental Rule 411). That restraining order basically prohibits both parties from making any financial moves that damage... View More

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Is it illegal to terminate benefits while on FMLA leave in Ohio?

I have been employed at my company in Ohio for 13 years and am currently on FMLA leave due to visual impairments and chronic illnesses. My employer terminated my work benefits, including health insurance, citing insufficient working hours. I made a complaint to the company's ethics hotline,... View More

Neil Klingshirn
Neil Klingshirn
answered on Feb 20, 2025

The FMLA prohibits employers from terminating health insurance during an FMLA leave period. If you do not return from FMLA, however, then you are responsible for paying for the insurance coverage during your FMLA leave period.

https://www.law.cornell.edu/cfr/text/29/825.211

1 Answer | Asked in Health Care Law, Estate Planning, Public Benefits and Real Estate Law for New York on
Q: Medicaid lien concern on grandmother's house with me as beneficiary in NY

I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More

1 Answer | Asked in Business Law and Health Care Law for New York on
Q: HI I have a physical therapy practice and was wondering if I could offer a sliding scale and how to do that properly.

I thought I could just decide my rates but a billing specialist told me there are proper ways to figure out a sliding scale system so I was looking for some guidance on that.

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2025

I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More

1 Answer | Asked in Personal Injury and Health Care Law on
Q: Last month went to Princess Alexandria Hospital & I had a training team botch a bilateral biopsy causing a "hametoma,"

Do you do any medical malpractice complaints regarding deliberate missdiagnosis causing a delay in incorrect treatment?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

I'm sorry for your ordeal. Could that be the Princess Alexandria Hospital in Harlowe, UK or Brisbane, Australia? If so, you could reach out to local attorneys/solicitors where you are located to discuss further. You haven't reached a law firm here (your question suggested you might have... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

1 Answer | Asked in Health Care Law for Rhode Island on
Q: Would I get penalized for not having health insurance for 2 months in Rhode Island due to affordability problems?

I will not have health insurance in between 1/31/25 and 4/15/25. I can't afford my previous employer's COBRA or the $235 premium that the state insurance program offered me.

Albin Moser
PREMIUM
Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2025

The State of Rhode Island might try to penalize you, yes, but you might be able to show that you are exempt from the penalty. To do that, you could apply for a hardship exemption through the state website. I suggest that you look up on Google, "Application for an Exemption from the Rhode... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her...
View More

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Health Care Law for Texas on
Q: In Texas Can Nurse practitioners see patients, treat and prescribe without a DR present?

Theres a Clinic, the Dr listed on the paperwork does not actually practice in that clinic or near the clinic. Does not even reside within 100miles of this clinic. From what i have read, this is wrong and against Texas Medical Board rules. Is this correct?

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

Yes, in Texas, nurse practitioners can see and treat patients without a doctor being physically present, and can prescribed many medications under delegated authority from a supervising doctor. There are requirements about review patient charts with the supervising doctor and, for certain... View More

1 Answer | Asked in Estate Planning and Health Care Law for Ohio on
Q: Does Ohio Medicaid estate recovery have the right to back charge from the beginning of service

my father had Medicaid for approximately four months and passed. The estate recovery is seeking anything since the beginning of treatment. He did not have any major assets besides little money in his account and two old vehicles they are requiring that one of his children pay this back can you... View More

Andrew Popp
Andrew Popp
answered on Jan 18, 2025

Generally speaking, medicaid estate recovery in Ohio seeks reimbursement for all expenses paid on a person's behalf from the time they turn 55 and older. There can be exceptions depending on timing, jurisdiction, etc. Estate recovery is a tricky thing to tackle by yourself. It may be... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.