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Georgia Health Care Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Health Care Law for Georgia on
Q: In Georgia, can a transgender minor receive hormone replacement therapy with consent from only one adult?

The parents are divorced and have joint custody. They did not go to court; they had an agreement with their own individual lawyers and counsellors. Mom has overall medical decision but would have to pursue through the courts.

Mom supports the decision, the father does not.

Homer P Jordan IV
Homer P Jordan IV answered on Jun 29, 2020

Have you discuss the issue with the other parent? You may want to do that and see where that parent stands on the issue. Beyond that you may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a nursing school force students into hospital clinical during COVID?

I am a Georgia student who is in a nursing program that is requiring us to take clinical rotations in hospitals to progress in our degree. If we refuse, we cannot continue in the program and we aren't sure how long this crisis will last. We feel as though our hand is forced to accept... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

This is something that a Georgia attorney could best advise on, but your post remains open for four weeks. It's difficult to say what the outcome for this would be. It could depend on the wording of the school's agreement with students, including whether it addresses unforeseeable events... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... Read more »

2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Is it against the law for a dr to force a patient to get a tubal?

I was told I didn't have a choice but to do it and I've regretted it ever since

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 21, 2020

It is always your choice unless you are incapacitated and require a life saving procedure.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: A nurse made inappropriate comments to me that offended me when asking how many children I have I told her 3 when asking

If any of my kids were c section babies I told her yes all 3 she laughed at me and made the comment that I cheated.

Tim Akpinar
Tim Akpinar answered on Oct 15, 2019

There wasn't a question here, but you posted in the Medical Malpractice category and the post remains open for two weeks. If you were wondering if the nurse's conduct creates the basis for a lawsuit, it's difficult to see it. You could check with a Georgia attorney whether they view... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Can a Dr treating me at the hospital tell my pain management Dr I failed a drug screening or is that covered by hippa
C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

Hello, Doctors involved in the treatment of care may share PHI, or protected health information with each other in order to provide the best quality of care to patients. Unless you signed a waiver of some sort physicians may share information regarding their patients to other physicians treating... Read more »

1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Health Care Law for Georgia on
Q: Can cps keep my child away from me and in foster care for medical neglect

My daughter was taking into cps custody after the judge in my family court case claimed I medical neglected my daughter for changing her therapist so because of that he gave custody to dad and my daughter refused to go and the police had to come twice they spoke to my 11 year old alone and they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 31, 2019

We are not familiar with the facts of your case, but if CPS feels they have a justified reason to keep your child from you and in foster care they can do so. You may want to consult with an attorney who can review the facts of your case in detail and present you with your options. -Homer P. Jordan... Read more »

1 Answer | Asked in Health Care Law for Georgia on
Q: How long does a cosmetic surgeon have to refund the cost of surgery that was paid for in advance?
Tim Akpinar
Tim Akpinar answered on Jun 21, 2019

It could depend on the terms of the contract between the surgeon and the patient. While the contract itself would be an agreement between two parties, it would most likely be governed by Georgia law. If there is a dispute as to a refund here, one option would be to sit down with a Georgia attorney... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Georgia on
Q: GA catastrophic w/c case WC 207 violation or not?

Can a rehab case manager send my medical records at will to any facility as she wishes? My records were sent to a rehab facility without a signed WC207, ATP had not authorized nor recommended the facility, and I never went to this facility, dates and facts are in writing. This was just one of... Read more »

T. Andrew Miller
T. Andrew Miller answered on Mar 29, 2019

Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep... Read more »

1 Answer | Asked in Criminal Law, Elder Law and Health Care Law for Georgia on
Q: My aunt has been charged with battery & exploitation with intent to harm an elderly. She says she's innocent

The family says there is a video but when asked by the Nursing aide supervisor to view it, the family says there is a problem with uploading the video & some of it isn't clear to view. The daughter of the alleged victim said she went to the police department to have the charges dropped but... Read more »

Robbie Levin
Robbie Levin answered on Mar 13, 2019

Contact a criminal defense attorney ASAP. It is probably best to hire one who practices law in or near the county where the charges occurred.

For more info visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Health Care Law for Georgia on
Q: How can someone negotiate a excessive transportation charge for a involuntary 10-13 committal to a psychiatric facility?

Involuntarily committed by a physician under a 10-13 for a suicide attempt. After stabilization in an ICU one must be evaluated by an authorized psychiatric facility. The closest bed space was apparently 85 miles away. The Sheriff's Office was called to transport, but apparently could not, so... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 7, 2019

You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have. Without seeing the paperwork involved or knowing all the details it is difficult to provide a response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: How can I get justice when the statute of limitations has passed by?
Tim Akpinar
Tim Akpinar answered on Mar 2, 2019

As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Sexual Harassment for Georgia on
Q: I want to sue my ex-partner for giving me HSV std. Ex passed it to me and my 2-yr old son.

I have pictures of my son on his eye with the outbreak and I have proof of when I had my son we were clean (no std no infections nothing at all) jan/feb 2017. Started dating Ex partner may 2017. And starting haveing weird symptoms and went to get checked for a UTI infection and found out I had Hsv.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Contact a member of the Ga. Trial Lawyers Assn in your county--they give free consults.

2 Answers | Asked in Family Law, Health Care Law and Probate for Georgia on
Q: Can I have my brother declared mentally incompetent and ask for guardianship?

My brother has mental health issues that have become so severe he now believes his dreams are really happening and he also suffers from extreme paranoia. He refuses to seek any kind of mental help. He has not been a danger to himself, but he did abuse his ex wife. I don’t have any proof of that... Read more »

P. Justin Thrailkill
P. Justin Thrailkill answered on Jan 28, 2019

You can get an adult guardianship if you can prove that he cannot care for himself. Talk to local attorneys where he lives and discuss with them your chances of getting him declared incompetent and taking guardianship over him.

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3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Nursing Home Abuse for Georgia on
Q: my husband was inured in a involuntary psychiatric hold, no one will tell me what happened and won't give records

he received 3 staples in his head and we were not notified and he cant remember what happened, do we have a case?

Homer P Jordan IV
Homer P Jordan IV answered on Jan 4, 2019

You should consult with an attorney who can review the case with you and determine if this is worth pursuing. Most attorneys offer a free consultation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
Homer P Jordan IV
Homer P Jordan IV answered on Nov 15, 2018

There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on
Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

What is the Georgia law about a person being suicidal. I have been told that we in Ems in Georgia cannot force a suicidal patient to be transported to hospital for evaluation.

David Edward Boyle
David Edward Boyle answered on Nov 2, 2018

A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

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