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Alabama Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Elder Law for Alabama on
Q: Is there a way around Medicare’s five year look back policy?

The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house?

My dad and I moved in with her to be her caregivers... View More

Jack T. Carney
Jack T. Carney
answered on Dec 30, 2023

I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a... View More

1 Answer | Asked in Personal Injury and Health Care Law for Alabama on
Q: Pregnant after tubal ligation

What legal rights are there for women who conceive a child after a tubal ligation?

Don Oliver Keene
Don Oliver Keene
answered on Jul 4, 2023

I am very sorry you are going through this. This is a very difficult situation for someone to be in. Unfortunately, the practice of medicine is not an exact science. Your case turns on whether or not there was some kind of malpractice on part of your doctor. You should gather your medical records... View More

1 Answer | Asked in Elder Law, Health Care Law, Public Benefits and Social Security for Alabama on
Q: My mother in law is 53, disabled, has no income, and was told that she doesn't qualify for Medicaid or disability.

She was told it is due to her having land in her name that her mother left her. Is there any truth to this or any way around it? She currently has no insurance coverage and no way to get any.

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

An Alabama attorney could advise best, but your question remains open for three weeks. Your mother could consider trying to arrange a free initial consult with a social security disability attorney (among other types of attorneys, based on your selected categories). There is a section here for... View More

1 Answer | Asked in Health Care Law for Alabama on
Q: Had dcr with stent surgery 1mo ago. Can they deny having stent removed 3mo from now if I don't go to followup appt?

They are located 2 hours away and I don't have time or money to waste for a just a check up. They told me they wouldn't complete the process unless I do followup. ( really rude doc office )

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. However, as a general matter nationwide, if a medical provider has a valid basis for requiring follow-up examination, it isn't something that an attorney is likely to challenge on any legal grounds. It's... View More

1 Answer | Asked in Health Care Law and Consumer Law for Alabama on
Q: Can we sue the medicine companies like Sudafed? False advertising and lying about help when it didn't do it's job.

FDA has gone against these companies and me and my family have taken them for years based on their lies

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In Alabama, if you believe that a medicine company engaged in false advertising or made misleading claims about their product, you may have the option to take legal action. This often falls under consumer protection laws. For personalized legal advice tailored to your unique circumstances,... View More

1 Answer | Asked in Consumer Law, Civil Rights, Health Care Law and Medical Malpractice for Alabama on
Q: I have a case, but it is not lucrative enough for an attorney to accept, what are my options to see it through?

I am highly educated and I am fully aware of my civil rights. I know that I have been treated differently due to my disability. Having endured multiple discriminatory and abusive encounters with the same company and same manager at that company, then fell victim to an attempt at intimidation by... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

You legally can represent yourself in legal proceedings.

It’s not a great idea, and the overwhelming majority of pro se litigants lose. Even most lawyers don’t represent themselves for very good reasons.

1 Answer | Asked in Health Care Law and Personal Injury for Alabama on
Q: Can a Hospital be sued for getting bug bites while your in the Hospital?

I was being treated at shoals hospital and was there for 3 nights, while i was there i hot bug bites.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2022

An Alabama attorney could advise best, but your question remains open for a week. As a general matter nationwide, some law firms are reluctant to consider such cases. They often present defense counsel with many viable defenses. You could reach out to attorneys to discuss - that could give you a... View More

1 Answer | Asked in Health Care Law for Alabama on
Q: I have a humerus implant and I want it removed as it is causing problems. Does the doctor have to honor my request?
Tim Akpinar
Tim Akpinar
answered on May 8, 2022

An Alabama attorney could advise best, but your question remains open for a week. Doctors don't automatically carry out a patient's orders simply based a patient's will. It's true that they essentially work to provide treatment that a patient wants. And you probably have sound... View More

1 Answer | Asked in Contracts and Health Care Law for Alabama on
Q: I am a professional that had an agreement with an attorney to provide expert medical testimony.

At one point in our work, one of the attorneys (whom I was working for the benefit of) threatened me with litigation because I did not return his/her phone call, and it had only been 36 hours since their request for me to call them. I notified that attorney in reply that I felt this behavior was... View More

Amanda B Cook
Amanda B Cook
answered on Jul 29, 2021

If you want to get out of the contract, then you should take the written agreement to a contract attorney who works in a different area than the attorney you are having trouble with, and see what they have to say about the terms.

If you feel the conduct was unbecoming of an attorney enough...
View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Health Care Law for Alabama on
Q: My niece has never been to school and she is now almost 16 years old , can her mother get in trouble ?

The two sisters are 8 and 11 and have never been to school either and their brother is almost 18 . She was saying she homeschooled the children yet never did so . The children do not know how to spell , know their left from right and can hardly even add or subtract . Yet alone don’t even have... View More

Kristine Jones
Kristine Jones
answered on Nov 23, 2020

The county DHR can help. Best of luck.

1 Answer | Asked in Personal Injury and Health Care Law for Alabama on
Q: I want to know whether i can sue a doctor for causing a bigger scar on my face, while he treating for one scar on face

I had a facial burn scar and i started treatment with one of the doctors here. He provided me a bleach cream to apply around the scar to start the surgery after one month. But after i started applying for a week it started burning on my face and created a very big scar than i used to have it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. Based on these brief facts alone, it is difficult to answer your question. An attorney could need additional information, such as instructions provided to you by the doctor, warning labels on the cream, the nature... View More

1 Answer | Asked in Health Care Law for Alabama on
Q: How can I get my father’s medical records from hospital since he has passed away?
Christopher Belk Estes
Christopher Belk Estes
answered on Jun 10, 2020

Most all hospitals will require that you be appointed as the Administrator or Personal Representative of your father's estate in order to obtain a copy of his medical records. I have only seen a few times where a hospital released records to a relative of a deceased person without being... View More

2 Answers | Asked in Personal Injury, Products Liability, Health Care Law and Legal Malpractice for Alabama on
Q: Child’s doctors office didn’t return calls, gave bad advice over phone about 4 week old baby.

I called my child’s doctor office multiple times trying to get a appointment for that day and wasn’t getting a response, I told them my child’s symptoms and his age multiple times only to get a call 30 minutes before they closed. The lady on the phone told me she would go ask a doctor and... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2019

I'm sorry for the ordeal your baby and you, as a parent, went through. A med mal attorney would likely want to review the records with a medical professional to make a more meaningful assessment. In terms of the telephone exchanges, an attorney would have additional questions regarding what... View More

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Alabama on
Q: How can insurance companies keep lowering pain management for long term pain mngt patients until quality of life suffers

I had my first spine surgery at age 19 and many more,some botched over the years I turn 50 in a few days. Over the years I've had many pain mngt procedures, medications, and not a whole lot of pain relief. I finally got good pain mngt Dr. approx 16 yrs ago who gradually raised my meds until I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2019

An Alabama attorney could address your issues best, as insurance is governed by state law. But your question remains open for two weeks. I'm sorry for your pain and frustration here. This sounds like something to take up with your doctor. While the pain management philosophies of your... View More

1 Answer | Asked in Family Law, Health Care Law and Probate for Alabama on
Q: What form do I use to file a motion for Alabama Code Title 22. § 22-52-1.2?
Jack T. Carney
Jack T. Carney
answered on Oct 28, 2019

You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... View More

1 Answer | Asked in Criminal Law, Communications Law and Health Care Law for Alabama on
Q: Are radiologists free to be careless, by not putting 'all that may be wrong' on reports?

The CT shows one side is more dense than 6 months ago, the brain sinus hyperattenuations are not mentioned. Dr.'s do not or can not view radiological films, due to being 'overridden' by what the radiologist says.

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2019

No medical professional, or other professional, for that matter, has free license to be careless. The premise is that they will act diligently, thoroughly, professionally, and exercise their best medical judgment in examining films and outlining their findings. Are some more thorough than others?... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Nursing Home Abuse for Alabama on
Q: Can I sue a rehab/ nursing facility for negligence?

Upon being released from hospital My mother was sent to a rehab facility. She has been there for 6days. Since there my mother has difficulty breathing, the nurses that administer her meds would asked her if she's ok or if they can get her anything she'd say no and that she's having... View More

Greg Foster
Greg Foster
answered on Feb 17, 2018

I am very sorry that your mother has been in distress after arriving at a nursing home / rehabilitation facility. Based on the scenario you have presented, it appears that there may be some issues related to the timeliness and appropriateness of your mother's care. To fully answer your... View More

1 Answer | Asked in Bankruptcy, Personal Injury, Car Accidents and Health Care Law for Alabama on
Q: I was in an accident in '16 w/a girl who hit a tree. I lost my leg. 25000.00 settlement that ends in 16507 left.

Filed chapter 7 with my husband. Bc debt was so high. Way way over income as I still can't work. Cigna has sub. Lien for 30000.00. I have no assets. We are barely surviving. Will I receive any of the settlement. The put 15000.00 for wildcard exemption. Just curious

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2017

You didn't ask but I assume you got on social security disability for at least the period after the crash through the year after your amputation. You might see if your lawyer can bring a crashworthiness case. However, with bankruptcy you don't have enough to go 'round so I doubt if... View More

1 Answer | Asked in Personal Injury and Health Care Law for Alabama on
Q: Instruments not sterilized when Ingrown toe nail was removed.

I have an infected toe nail and had to get it removed. I was notified that I could of been contaminated with an infection due to not have the instruments used properly sterilized. I had to get lab work done but haven't gottten the results back. I have to get lab work done for the next 6 month... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

You have a claim for the cost of the lab work at least. See what happens, get a free consult from a member of tha Ala. Assn for Justice.

1 Answer | Asked in Immigration Law, Tax Law and Health Care Law for Alabama on
Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?

My brother, a US citizen, is moving back to the US with his wife, a non-citizen, and children after many years spent in Japan. Since he doesn't have an income here in the US, yet, he needs a co-sponsor for his wife. I understand that according to the Affordable Care Act she is required to have... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 23, 2017

Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support;

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