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New Jersey Health Care Law Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law and Intellectual Property for New Jersey on
Q: I was intoxicated while I was assaulted, drove away to flee danger, can i press charges? Friend attempted to kill me.
Peter Briskin
Peter Briskin answered on Jan 5, 2019

You can go to your local police department and report the crime.

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Q: Can I sue a small business?

I told my boss and one manager that I was pregnant and asked them not to tell anyone else. My whole job now knows and I feel uncomfortable at work. Are they allowed to share my information against my wishes?

Leonard R. Boyer
Leonard R. Boyer answered on Dec 19, 2018

You can sue a small business, if you have a legitimate cause of action. Otherwise, you could end up paying the other side legal fees and costs. Your situation is questionable, absent more facts.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression

I came up on JSUM Center wait list for charity care dental in 7.2017. I only recently remembered this as I had to go in for an emergency appt and said I recalled that I should already be on the list. Short of it is they have lied even while I found original pw, found out via human relatios that... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2018

Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Jersey on
Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear

in my shoulder . have had injections for pain and PRP procedure. still in pain. next is EMG. so much pain. shoulder arm , nerves , hand . all threw my right arm. Orthopedic doctor feels surgery now if the PRP does not give me healing benefit

this injury was cause by the X-ray machine... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2018

Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.

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1 Answer | Asked in Employment Law, Criminal Law, Health Care Law and Insurance Bad Faith for New Jersey on
Q: I was salary exempt (Management) my employer a non-profit enterprise deducted my last paycheck is this legal?

I turned in my resignation letter with three weeks’ notice. My direct supervisor and her supervisor came to the program I managed the following day and terminated me stating “Your resignation letter really makes us look really bad". I asked if I needed to sign anything they said no and I left... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 25, 2018

I think you need to speak to an employment lawyer and report your ex employer for Medicaid fraud.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for New Jersey on
Q: Does this 2005 New Jersey POA convey powers for healthcare decisions through these statements:

(1) "to transact any business at all" (2) "to arrange for my entrance into any nursing home... and to pay all bills for my care" and (3) "to review any information regarding my physical or mental health and to disclose or deny such information..."? Or are these powers to be construed as... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 24, 2018

A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and... Read more »

1 Answer | Asked in Health Care Law and Immigration Law for New Jersey on
Q: What are the health insurance options for new green card holders over 65 years old who have never worked in US?

Specifically:

(1) How do they become eligible for Medicare and/or Medicaid?

(2) Also, if they have a house under their name in the US (but no income - only have pensions and savings from a foreign country), would that contribute to harming their eligibility for Medicare/Medicaid?... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 24, 2018

This is not the type of question to ask on this forum. You need an in person consultation with an experienced elder law attorney, who also practices immigration.

1 Answer | Asked in Health Care Law for New Jersey on
Q: My ex husband had a health care appt and his account was linked to my email. I called and cancelled his appt.

I kept receiving appointment reminders to my email, so I cancelled two of his appointments. He found out and is threatening to sue. Does he have any recourse? The appointments were at a travel vaccination clinic where he receives immunizations for his exotic vacations.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 9, 2018

Yes he does have recourse, the probable cause would be harassment. If charged get a lawyer and don't post anything on the internet which can be considered a confession, like this post.

1 Answer | Asked in Contracts, Medical Malpractice and Health Care Law for New Jersey on
Q: My doctor’s office is billing for not showing up to my appointments but I never signed anything and they didn’t tell me

They didn’t tell me that they charge 50$ per no show. How is this legal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2018

It is not legal unless you agreed to it. However, most if not all doctors make you sign that you will pay for all missed appointments with your first appointment paperwork.

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: Can a 25-year old child obtain medical records about a deceased parent who died while the child was a baby?

The grandparent is not very helpful and upfront about the past . The adult grandchild is really distraught about the lack of clear answers and was only a few months old when the mother (the child) died.

Leonard R. Boyer
Leonard R. Boyer answered on Feb 2, 2018

It may be possible, but it is something you just need to try on your own. Good luck.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Health Care Law for New Jersey on
Q: I need help deciding on becoming my friends power of attorney

My best friend fell off a roof a year ago- serious TBI

His wife wants to divorce him but cant because she is his power of attorney

He has child with another women that child is not old enough to make legal decision yet

I dont want to have to become finanical responsible... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 16, 2017

I am sorry to hear about your friend's situation, but do not get involved.

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

I switched insurances and because my doc was out of network I had to change docs.Then, a year later, I got a new job and she was back in my network so I made an appointment with her via ZocDoc (a 3rd party app).

The night before, I had to cancel and reschedule on Zocdoc.Unbeknownst to me,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 7, 2017

Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.

1 Answer | Asked in Health Care Law, Elder Law and Estate Planning for New Jersey on
Q: I have a POA signed and notarized (2010) for the care of my mother who is 96 years old. Recently a sibling threatened

the physician with a law suit claiming she has a POA. How can this be handled. Who determines validity if it is true?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 25, 2017

In general the newest POA would control I suggest you setup a consultation with a lawyer if it is important to you.

1 Answer | Asked in Health Care Law for New Jersey on
Q: Is it possible for someone who is in new jersey to visit to see a doctor cause she is 6month pregnant.

She does not have enough cash to see a private doctor

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

she should be on medical assistance. Suggest you check with Catholic Family services to see what her availble options are.

1 Answer | Asked in Divorce and Health Care Law for New Jersey on
Q: If I leave my spouse, via desertion, does he still have to pay my health insurance?

I am thinking of leaving my.husband, through desertion or abandonment. Must he keep paying my health insurance?

Santo Artusa Jr.
Santo Artusa Jr. answered on Jan 23, 2017

If you file for divorce and you are covered, your spouse cannot cancel during divorce litigation.

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for New Jersey on
Q: Can I sue someone for documenting false information about me in a client's chart in an electronic medical record?

My supervisee documented that I was with a client at a specific time when in fact I was not. The note also indicated additional false information. I will be contacting the licensing board but want to know if I can sue her personally.

Peter N. Munsing
Peter N. Munsing answered on Dec 31, 2016

I'm not hearing there was harm. Sue her for what? I don't see it. If the person wrote the record incorrectly, then ask for it to be corrected--through a union rep if you have one. Getting into suing staff gives you a reputation that in the healthcare industry can lead to your having problems... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for New Jersey on
Q: Respectfully I request help with a question about the problem I have with a conflict of interest with probation officer.

As pursuant to : 42 NJ Super 495, 503, 127 A.2d 190 (APP. DIV. 1956) An actual conflict of interest is not required, rather a potential for conflict is sufficient. A few years ago, before my officer was a probation officer was an officer of the courts, she was my Jewish Family Services social... Read more »

Mr. Kenneth Albert Vercammen Esq.
Mr. Kenneth Albert Vercammen Esq. answered on Feb 21, 2016

Unlikely courts will grant removal since probation officers also have access to court files. discuss with original attorney.

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: If a child is under a guardian s care and they re medical needs aren t met, can they do something about it?

I have a friend who is taken care of by her grandparents due to parent issues. She recently went to the hospital because of personal issues and all they talk to her about is how much of a bother her medical bills are. So now that she s sick and needs to go to a doctor because she s in pain, they... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 12, 2015

Report the situation to DCCP and consult with an experienced matrimonial attorney. Good luck.

1 Answer | Asked in Health Care Law for New Jersey on
Q: Just found out my therapy sessions were taped without my consent

I have been going to psychological therapy for a couple of years. Suddenly, my therapist changes rooms. I found out from another client, she videotapes the sessions. I was not aware of this. What should I do? Thank you.

Leonard R. Boyer
Leonard R. Boyer answered on Sep 16, 2015

NJ law only requires that one person know the recording is taking place, so you did not have to consent. If those recordings are misused, then it is a different story all together. Good luck.

1 Answer | Asked in Health Care Law for New Jersey on
Q: Is it legal in new jersey to give shock treatments?
Jake Causing Santos
Jake Causing Santos answered on Jun 3, 2012

If you are referring to Electro-Convulsive Therapy, then the simple answer is yes. One of the providers of ECT treatment is located in NJ (Carrier Clinic in Belle Mead, NJ).

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