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California Health Care Law Questions & Answers
1 Answer | Asked in Estate Planning and Health Care Law for California on
Q: Can funds from sale of land/vehicle be used to pay sister's debts (credit cards) then qualify for Medicaid? Options?

My sister is in a rehab center due to a stroke (occurred in July this year). Wish to move her to Florida, to be closer to family, where she will remain in a rehab center to continue her recovery process. I applied for Social Security Disability and SSI on her behalf and of course looking to qualify... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

Yes in general funds from the sale of assets can be used to pay debts but you really should schedule a personal consultation with a local elder law or special needs attorney because there are exceptions to every rule and you want to be certain. Her individual circumstances need to be reviewed. For... Read more »

3 Answers | Asked in Personal Injury and Health Care Law for California on
Q: I caught an insect in my motel room where I've been staying for a week this morning ad I believe it's a kissing bug

Do I notify the manager of the motel? I already filed online report with public health services

William John Light
William John Light answered on Dec 1, 2019

Yes, you should notify the hotel management. You should also take photos of the bug and of any bite marks, if any. If you’ve been infected with the Trypanosoma cruzi parasite, you might have a claim for personal injuries if the hotel knew or had reason to know of an infection by that insect.

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1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »

William John Light
William John Light answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

2 Answers | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: Does my situation merit contacting an attorney, contacting law enforcement or both? Whom else should I contact?

I asked a surgeon to inject dermal filler into my lips. Instead of the usual technique of injecting fillers, he proceeded to do eight rapid stabs in the area around my lips. Nothing was injected, nothing could have been injected. He put a gauze bandage wad over my mouth and told me to apply... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 19, 2019

You could have a medical malpractice case. What are your damages? It's probably something you will have a very hard time finding an attorney to help you with. But you should report them to whatever agency over sees such activities.

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1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: Do I have any legal rights if the fire exits in my studio were sealed shut without my knowledge?

I live in a small studio apartment and I noticed Maintenance were outside working by my windows. Later on I tried opening the windows to get some fresh air and the window would not open. I went outside and noticed the windows were painted in and sealed. One of the windows is partially open about 1... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You do have legal rights if the unit is not up to Code or the maintenance work has created a dangerous condition. Your first step is to talk to the landlord or property manager. If that doesn't solve the problem, then you can contact a local landlord-tenant lawyer. This said, your most expedient... Read more »

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Landlord - Tenant for California on
Q: The Light Fixture Fell Down From An Apartment Just Rent In September

The light fixture just fell from an apartment that we just rent. Luckily, no one got injured. But, we, as college students, still felt that this incident was very dangerous. However, the leasing office response was "everything could happen." The argue point was that we signed the contract only two... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 17, 2019

First take pictures and videos. Second, write a letter to LL and explain all that happened and ask manager to fix the problems. Best of luck.

2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

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1 Answer | Asked in Divorce and Health Care Law for California on
Q: I am filing divorce papers and my spouse is threatening to remove me from his health insurance during open enrollment

Is there anything to stop this?

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 29, 2019

Once you file for divorce and serve him with the summons and petition, he will subject to the temporary restraining orders that are listed on the second page of the summons. Once he is served with the summons he will be restrained from removing you from his insurance. That's your protection, so... Read more »

1 Answer | Asked in Medical Malpractice, Employment Law and Health Care Law for California on
Q: I was diagnosed to have chronic pain syndrome. My injury has turned out that I have a pinched nerve in my wrist.

This injury is work related and it happened February 26 2017.I was injured at work and already settled with workers compensation this year. I've seen 3 physical therapist none came to this conclusion to check for a nerve damage test what do i do?

Neil Pedersen
Neil Pedersen answered on Oct 16, 2019

Immediately go back to your workers compensation attorney that you had for your prior claim. Tell them about the new diagnosis.

You are going to be limited to recovering through that process from your employer, so your only possible remedy will come from reopening your claim, it that is...
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1 Answer | Asked in Family Law, Elder Law, Health Care Law and Juvenile Law for California on
Q: I just went to a IEP for 13 old developmentally delayed told to find out on conservitership. Need help & answers.

Do I need to do conservitership, at what time and for what reason since we are her natural parents?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 18, 2019

You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »

4 Answers | Asked in Car Accidents, Health Care Law, Insurance Bad Faith and Personal Injury for California on
Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?

I was in a car accident 4 weeks ago, the insured of the other car accepted liability. I have a Stanford Hospital bill of $15,574 and I was unaware that I had state health insurance that will cover emergency room visits. My health insurance provider name and group/member number was not listed... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Aug 5, 2019

It's hard to answer your question without more information but I can tell you that insurance companies do all they can to minimize how much they pay to people their clients (insured) injury with negligent driving. The health care provider will say that they haven't divulged any of your "medical"... Read more »

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1 Answer | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on
Q: Can a car insurance bodily injury rep get my Medi-Cal info from hospital billing department?

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Alexander Bakhache Perez
Alexander Bakhache Perez answered on Aug 5, 2019

Really need an attorney to guide you in this, you do not want to be stuck with medical bills, this is not a small case.

under Third Party Liability you will have to pay back your medical insurance company.

do not trust the BI Rep to advocate for you, all the rep wants is for you to...
Read more »

1 Answer | Asked in Divorce and Health Care Law for California on
Q: Can a judge order health insurance to continue after divorce (on same plan)?

If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »

Angeles Susi Carrion
Angeles Susi Carrion answered on Aug 1, 2019

The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to... Read more »

2 Answers | Asked in Health Care Law, Workers' Compensation, Employment Law and Civil Litigation for California on
Q: I was injured on the job which was a quadriplegics home care worker. The father of the quadriplegic was told the day

I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me it's been too... Read more »

Ronald Mahurin
Ronald Mahurin answered on Aug 1, 2019

You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can I sue?

So I had a bowel obstruction in my last month of pregnancy. This happened a year ago. I went to the emergency room multiple times and saw multiple different doctors who all thought I was lieing about not going to the bathroom for 3 weeks. I told them I cant go on my own but every time it was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 24, 2019

I'm sorry for your ordeal. It's likely that a California medical malpractice attorney would want to retrieve and review your medical records in detail. Since many offer free initial consultations, you could contact a law office to discuss the matter further. You would need to discuss payment... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?

We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 2, 2019

much more info needed.

With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.

There is also the issue of what agreement you signed since it was experimental.

this is not the...
Read more »

1 Answer | Asked in Contracts, Health Care Law and Insurance Bad Faith for California on
Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?

In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
Tim Akpinar
Tim Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Criminal Law and Health Care Law for California on
Q: Hello my name.is heather i left more imfo below in the comment

Hello my name is heather and im looking for a pro bono lawyer i dont know what to do or how to do it but im trying to sue a hospital in san andreas mark twain hospital i dont know if ill have a case ive been there 5 times for the same thing and everytime i went there nothing was wrong and i was... Read more »

Tim Akpinar
Tim Akpinar answered on May 20, 2019

You're trying to find a pro bono lawyer. It could be more practical, and simpler, for you to contact a medical malpractice lawyer and ask to discuss your matter with them. They generally work on contingency basis, and many offer free initial consults.

Tim Akpinar

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