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1 Answer | Asked in Estate Planning, Family Law and Health Care Law for Indiana on
Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?

Robert York
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answered on Nov 16, 2024

The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Arkansas on
Q: I want to recover costs from a dentist who misdiagnosed. Ofc mgr won't divulge liability carrier. How to file a claim

I was treated by a dentist who I asked for a second opinion about a cavity under one tooth of a three piece bridge. He took x-rays and confirmed there was one.

I had the bridge removed only to find there was no cavity. I asked the office manager who carries their liability coverage and was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer to your question is that it could be malpractice, based on a textbook analysis. But from a PRACTICAL standpoint, if the dentist was not unreasonable in interpretation of the x-rays, if they handled... View More

2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: I’ve been asking for a Reasonable Accommodation Request for going into 11th month now.

Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More

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2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Q: The ambulance services from North Mississippi refused to bring my bed bound mother home,

claimed it was non emergency. Is there any action I can take for this?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

A Mississippi attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Mississippi attorney, I don't think you have a case. Across the nation, for the type of setting you describe, nursing homes and hospitals generally require the family to... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 11, 2024

Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated -...
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1 Answer | Asked in Health Care Law for Texas on
Q: I am an international student at my uni and I am supposed to have health insurance through my tuition and I pay for it

I paid all my tuitions and I was supposed to have health insurance. But I needed to visit hospital but they told me that I don't have an insurance. I am supposed to have my insurance through my university due to the agreement. What can I do? Can I sue them?

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

A Texas attorney could advise best, but your question remains open for two weeks. It's possible you might need to sue, DEPENDING on your rights and the provisions of your plan. It's also possible that your plan may not cover the services you received. No one here could know, based on the... View More

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: I work for a home health Agency. that pays cash is it legal for her to not pay me over time an make me work 48hr straigh

She makes me work 48hrs without a break with a Alzhimers Patient, then go to a dying man that has maybe a week left knowing we are not able to sleep. I have been working for 2 and a half weeks with no day off. We work 12 hour shifts

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 25, 2024

In almost all cases, businesses must pay hourly employees overtime - time and a half - for hours worked over 40 in one workweek. This applies to home health agencies as well.

However, there are some exceptions. You should contact a local labor and employment attorney for more details...
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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2024

I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 21, 2024

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can I file a lawsuit for a doctor falsely updating my medical records?

Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More

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1 Answer | Asked in Criminal Law and Health Care Law for Georgia on
Q: Can a mentally ill person be charged for battery while under 1013 from being combative resulting in injury of a nurse?
Glenn T. Stern
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answered on Oct 17, 2024

Yes. The standard of proof for an arrest is relatively low; the fact that the person may not be mentally sound is a defense to the charge, but not something that would prevent the charge from actually being made. Once the case makes it to court, the individual's attorney could then assert... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Health Care Law for Massachusetts on
Q: I booked an appointment at CareWell Urgent Care | Worcester Lincoln St ma on 09/17/2024 when i got there they asked for

out of pocket bill pay i told him i was on massheath and due to me being a

passenger of a yellow cab accident 3 days prior they could not see me so then i ask could i see the policy

for my denial of service and was told it would take to long to find it so i asked could he please... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Massachusetts attorney could advise best, but your question remains open for three weeks. Your post contains much information about disabilities, discrimination, the ADA, and other issues.

You should check with a Massachusetts attorney on this, but I believe Massachusetts may be a...
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1 Answer | Asked in Health Care Law for Florida on
Q: Back on August 7th the hospital knowingly gave me a medication that I am allergic to.it is in the hospital report

We have video from. That night and documents that they don't know we have because they kept it out of their reports. I asked to ho home several times and was told no I could not leave. What should I do

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. I hope you're okay. You ask what you should do - you could consult with a local attorney to see if it's possible to arrange a free initial consult to look into your situation... View More

1 Answer | Asked in Products Liability and Health Care Law for Texas on
Q: I got a personal hyperbaric oxygen chamber for myself. I am also a personal trainer and want to rent it out to others.

Hbot does not claim any specific benefits and is done at anti aging clinics and gyms and other places. Can I rent the chamber by the hour without being sued? I have an llc...which is worth nothing (my business is small) so if they sued the company they wouldn't get anything. Also does home... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Texas attorney could advise best, but your question remains open for three weeks. I would advise against offering services to the public without first looking whether there are licenses or credentials needed for such activity. I don't think that a homeowner's policy would cover such... View More

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