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New Jersey Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for New Jersey on
Q: Is this helpful when writing an appeal to my Health Insurance company? Do they have to cover off label medication?
Tim Akpinar
Tim Akpinar
answered on Dec 1, 2022

Something may have gotten left off your post when you uploaded, in terms of what it is that's helpful. In terms of coverage for medications, review any details provided in the denial or EOB - whether denial is based on policy grounds, medical necessity, referring provider, or other reason.... Read more »

2 Answers | Asked in Estate Planning, Family Law and Health Care Law for New Jersey on
Q: Is there a simple template or fill-in last will and testament that I can get to fill out for a relative?
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 12, 2022

That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.

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1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... Read more »

1 Answer | Asked in Health Care Law and Small Claims for New Jersey on
Q: prepaid services/testing not rendered

If someone prepaid services (testing) to a health practitioner and was unable to go through the testing, does the client have a right to a refund (or partial refund minus the unused test kit.)

Nancy

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2022

It would depend on the terms of the prepaid plan. You could review the plan agreement and check the paragraphs about termination, cancellation, refunds, etc. Look for any additional obligations involving testing labs. If the terms of the plan agreement seem to be against you, or they do not address... Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Health Care Law and Medical Malpractice for New Jersey on
Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money

My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing... Read more »

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Mar 20, 2022

#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Health Care Law for New Jersey on
Q: Zoll medical forced him to take home a 4000 per month product under duress. How can he stop them, cancel.

He was told his discharge from the hospital would not be allowed unless he took the Zoll company product. Otherwise the hospital would not let him go home.

Because he had no choice he took the Zoll company product that he did not want but was forced into accepting. If he was not released he... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Feb 18, 2022

Based on your brief description, I would argue that the requirement to accept the Zoll equipment is a contract of adhesion and not enforceable. You failed to mention whether there were other equipment available or other procedures which did not require the equipment. In any case, you have a... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: I want to file a civil complaint in the District court of NJ pro se and In forma Pauperus .

Where do I need to send the complaint to if it is: 1. local police department 2. county prosecutors office 3. County Correctional center 4. Apartment complex All include multiple defendants .

Do I send it to the District court with the complaint and copies and summons or what paperwork... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 3, 2021

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... Read more »

2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 27, 2021

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

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4 Answers | Asked in Immigration Law, Civil Litigation, Civil Rights and Health Care Law for New Jersey on
Q: HIV positive Ayslum requested

Dear Sir/Madam

I came to the USA on 12 November 2020 from Freetown Sierra Leone . I have a bad news from when I was sick I went to the medical hospital they told me the I am HIV positive.

I have to tell the news back home to my friend and relatives but I could not bear what they... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Oct 31, 2021

Sorry to hear this. You can apply for asylum but be prepared to present a lot of evidence to back up your claim. Good luck.

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1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 7, 2021

Yes.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer
answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: I took a medicine called Saxenda it was the only medication I was taking at the time... I then became epileptic.

I was diagnosed with epilepsy soon after taking Saxenda... I want to know if I should proceed with a lawsuit. I will always be epileptic because of it.

Tim Akpinar
Tim Akpinar
answered on May 19, 2021

I'm sorry this happened to you. No one here can tell you whether you should proceed with a lawsuit. It could require investigation of your medical history and evaluation of warnings that come with the drug. Additionally, attorneys would likely need the guidance of medical and pharmacology... Read more »

1 Answer | Asked in Family Law and Health Care Law for New Jersey on
Q: I am DPOA for my mother, over her medical care as well.

She is being treated for lung cancer and she also contracted CoVid from one of the staff so they say...

Now they are saying I am not allowed to see her as I am not essential, however she has made me her Agent, so I should be able To see first hand what is going on

Richard Diamond
Richard Diamond
answered on Jul 2, 2020

In response to your question, I typed in the following google search term:

"Lawyers specializing in litigation against hospitals where a patient contracted covid 19"

As a result of this pandemic, there are law firms focused on dealing with the issues you presented and...
Read more »

1 Answer | Asked in Child Custody and Health Care Law for New Jersey on
Q: Can our outpatient pediatric clinic release records to DCP&P without parental consent so they may investigate

There was an allegation of child abuse from a third party. They would like to know if child is receiving appropriate healthcare services

Richard Diamond
Richard Diamond
answered on Jun 23, 2020

For safety purposes, since a HIPPA release form was not signed by the parents, the facility should have a court order in its file authorizing and directing it to comply with the turnover of specific healthcare records. If it does not have a court order directing the turnover of specific healthcare... Read more »

1 Answer | Asked in Health Care Law and Immigration Law for New Jersey on
Q: As an unemployedresident if i apply for medicaid or health aid will i become a public charge

In newjersey new resident of newjersey formerly north carolina

Robert Roy Klein
Robert Roy Klein
answered on Apr 15, 2020

Most forms of Medicaid is considered under the public charge rule, if it's federally funded.. See https://www.uscis.gov/greencard/public-charge. I'm unsure how the medicaid system in NJ works.

However, if it's for less than 12 months, then it's not considered. Be aware...
Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Litigation and Health Care Law for New Jersey on
Q: Do you handle medical malpractice cases
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2020

This isn't a law firm. It's a question and answer board. But you can find New Jersey lawyers who handle med mal cases. See the Find-a-Lawyer tab. Good luck

Tim Akpinar

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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