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New York Health Care Law Questions & Answers
1 Answer | Asked in Consumer Law, Family Law, Collections and Health Care Law for New York on
Q: In New York City Domestic Partnerships, are partners responsible for the other's medical debt if either one gets sick?

I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2022

In theory yes. Practically, not likely.

1 Answer | Asked in Contracts and Health Care Law for New York on
Q: I’m a former anesthesia technician fired while on assignment at Harlem Hospital! I’m looking for legal representation.

Hello

I’ve been an anesthesia technician for 19 years(traveler since 2011). I was on assignment in nyc at Harlem Hospital(April 2021-September 2021) & had been extended(asked to renew my contract to stay on to keep working) 3 times(I accepted). I was asked to extend a 4th time right... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

I'm sorry your question remains open for a week. At this point, you could repost your question under the Employment Law category. You are correct about this matter being related to health care law, but an employment law attorney would probably have the strongest insight here about your rights.... Read more »

1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: What kind of lawyer and where in NY I need for a stent surgery I never sign or it was not explain to me and lie to me

This doctor is a fraud he lie on my records he did a stent surgery nothing was explained to me and never explain the risk now he's trying to cover it up

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2022

You could reach out to med mal attorneys. Good luck

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Civil Rights for New York on
Q: Can a health care provider accept insurance based on merit of the patient?

A dentist office accepts my current insurance. But make me pay full price, bills my insurance separately then sends me a check for less than 50% of what I payed when my insurance covers 80% of the total visit. They also only make some people who have the same insurance pay. So if you and I both had... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2022

It could be difficult to speculate why a dental or medical office would apply different billing protocols. As a convenience to the patient, some offices do not bill patients but instead, have them complete paperwork enabling their billing staff or contractor to bill on patient's behalf. When... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Hello, My name is Gabriell and I'm looking to find a lawyer to help me go about a few things that

Are going on. I feel as if people have cases on me I don't know about I've been to my doctors to get help with my body feeling the way it does and to the hospitals I get no results from either or. My doctors office has been lieing to me saying j haven't been there since 2017 which... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 20, 2021

I'm sorry for the difficulties you've been experiencing. Attorneys are not able to reach out to you here. The format here does not operate like an attorney referral service - it is only a Question & Answer forum. If you want to find an attorney, you could search for attorneys online,... Read more »

2 Answers | Asked in Health Care Law for New York on
Q: Im a nurse.the hospital called to say im being "investigated for inappropriate access to a patient chart"recommendation?

Im a contracted local travel nurse to this hospital. I have not spoken directly with the hospital yet. I Believe they think is a HIPPA violation.

C.Doris Okafor Dike
C.Doris Okafor Dike
answered on Nov 7, 2021

You have a duty to the organization you are doing contract work with and a duty to your patients to keep the information confidential. If there is a suspicion that you accessed charts or information inappropriately the Hospital will be held accountable under HIPAA and you could face disciplinary... Read more »

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1 Answer | Asked in Health Care Law for New York on
Q: Can I sue if the hospital gave me medication that’s clearly on my records that I’m allergic to?

I’m allergic to oxycodone or Oxycodeine get severe headaches I had a headache for two days when I was discharged they told me that they were going to prescribe that to me and I said I’m allergic she said but they’ve been giving to you all this time and I said no wonder I’ve had a migraine... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

It's possible you could - a more thorough answer could involve review of your records with a medical professional. But from the standpoint of damages, if they were limited to headaches of a non-permanent nature, some law firms might not be able to contemplate such a case on a contingency basis... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: In NY if 3 children are named as agents on a Health care Proxy do all 3 have to agree on decisions or can 2 overrule?

none

V. Jonas Urba
V. Jonas Urba
answered on Oct 11, 2021

The plain meaning of the language of any legal document applies. Was the document drafted clearly and unambiguously? Carefully examine the four corners of the document, meaning what language is used throughout the document. Hopefully yes and that answers your question.

If not, how will any...
Read more »

1 Answer | Asked in Child Support, Family Law and Health Care Law for New York on
Q: I need a question answered regarding health insurance coverage for my child after a divorce

My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 9, 2021

Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.

1 Answer | Asked in Civil Rights, Health Care Law and Landlord - Tenant for New York on
Q: I have postural orthostatic tachycardia syndrome which limits my mobility. I contacted my APT which denied a request.

When contacting the APT they claimed that I would have to get a handicap pass and then use those spots which I told them that I did not need a spot within 200ft and just need it in the front lot compared to the back lot which is much further

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2021

This is something that only the experienced landlord-tenant attorneys here are qualified to advise on. But your post remains open for three weeks, and you have a medical condition that is creating a hardship for you. You could reach out to the landlord-tenant attorneys here (using the Find-a-Lawyer... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: I dont know anyone who can sign a durable power of attorney form. We dont have living friend that could do it. What now
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jun 17, 2021

If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: NYC Labor Law Question for Medical Practice

NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 21, 2021

Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.

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2 Answers | Asked in Civil Rights and Health Care Law for New York on
Q: Looking for help

I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2021

I'm sorry for your difficult situation. One option might be to reach out to a health care attorney to explore whether you could be eligible for assisted-living, based on medical condition, age, financial qualification, and whether it would be covered by insurance. Good luck

Tim Akpinar

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1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar
answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... Read more »

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1 Answer | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: What are the requirements for hiring a healthcare worker example “ecg technicians” for a Telehealth company?

Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?

V. Jonas Urba
V. Jonas Urba
answered on Feb 10, 2021

Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.

When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,...
Read more »

1 Answer | Asked in Health Care Law for New York on
Q: Are we able to sue to doctor for the recommendation he gave that damager my Fiancé permanently?

My Fiance back in October was rushed into the hospital for sever appendicitis. The doctor told my Fiance she needs to wait a couple months before getting the appendix removed. We asked if waiting will cause any complications. He said no just that you are prone to appendicitis now. We just moved to... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2021

I'm sorry for you and your fiancé's ordeal. Given the basic and general format of this Q & A board, it would be difficult for an attorney to advise meaningfully, as this is a complex matter that would involve a file review and opinions from medical professionals. You could reach out... Read more »

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