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New York Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for New York on
Q: can anyone look at my medical records .

I check at my doctor's office and a law firm looked at my medical records without my approval.

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2023

An entity would usually need to present a HIPAA authorization to see the records. Good luck

1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... Read more »

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

1 Answer | Asked in Health Care Law, Consumer Law, Civil Litigation and Collections for New York on
Q: Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me.

Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 2, 2022

You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... Read more »

1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... Read more »

1 Answer | Asked in Health Care Law for New York on
Q: I live in NY State, can refusal of medical treatment for a heart attack be construed as mental illness?

I know I will die if I refuse. But after prolonged illness, I am ready to die.

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2022

I'm sorry for your painful situation. As attorneys, we can't make determinations of mental illness. That requires a diagnosis from a mental health professional. If you stopped me on the street to ask this, I could only say that I believe it comes from someone highly intelligent who could... Read more »

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... Read more »

1 Answer | Asked in Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »

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.

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