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New York Health Care Law Questions & Answers
3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

T. Augustus Claus
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answered on Nov 22, 2023

if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More

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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

James L. Arrasmith
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answered on Nov 23, 2023

In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.... View More

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2 Answers | Asked in Health Care Law for New York on
Q: Hi. Hru? Can a hospital refuse visitation for a patient? And the patient can’t really communicate herself with staff

My girlfriend was admitted to the hospital with a very serious condition and she’s constantly complaining of pain which is very normal but doctors yesterday told me that they find it very strange and therefor won’t allow anyone from visiting her !

She needs me to be there for her and... View More

James L. Arrasmith
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answered on Nov 23, 2023

In New York, hospitals generally have policies regarding visitation, especially in cases involving serious medical conditions. These policies aim to ensure patient safety and proper care. However, a hospital's refusal to allow visitation can be concerning, particularly when a patient is unable... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
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answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

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3 Answers | Asked in Health Care Law for New York on
Q: Can my doctors office withdraw me from care for going against medical advice?
James L. Arrasmith
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answered on Nov 5, 2023

Yes, a doctor's office may withdraw from providing care if a patient consistently goes against medical advice. However, there are professional and ethical guidelines that must be followed to avoid abandonment of the patient. The office typically needs to provide advance notice to the patient,... View More

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3 Answers | Asked in Health Care Law for New York on
Q: Can my doctors office withdraw me from care for going against medical advice?
T. Augustus Claus
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answered on Oct 20, 2023

In New York, a doctor's office generally has the right to withdraw a patient from care if the patient consistently goes against medical advice or engages in behavior that may jeopardize their health. However, there are ethical and legal considerations, and the doctor's decision should be... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck

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4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

Addendum - an attorney who is handling your matter could offer more definitive and meaningful guidance, based on reviewing the specific laws and health insurance policy, rather than general responses to a brief post on a public forum. Good luck

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

1 Answer | Asked in Health Care Law for New York on
Q: Are medical portal emails part of my medical records? Can they cut you off from access to them? Can I request copies?

I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 2, 2023

Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... View More

1 Answer | Asked in Health Care Law for New York on
Q: I am looking for a lawyer who know New York Insurance Law for fertility treatment or fertility preservation coverage

I live in New York, I work in a large company with more than 100 employees,

I was diagnosed infertility, so I am eligible for fertility treatment under New York new law, I call my insurance company , they do not care this law,

then I call my company HR department, they do not care... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

One option might be to research health care attorneys. In addition to your own searches, you could look into the attorney referral sections of state and local bar associations. Also, there is a tab above, "Find a Lawyer," that lists attorneys by areas of practice and region. It's... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: What type of payment would an attorney need for a NY balance billing case (2021 DOS), ie hourly?

What payment structure does an attorney use for a balance billing case in New York by an in-network provider?

In network provider balance billed me though insurance EOB shows $0 owed as their claim from 2021 was discounted to $0. Provider's billing company refused to resubmit their... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

Attorneys who handle medical billing disputes apply various fee arrangements, depending on the type of insurance (no-fault, private, etc.), volume of claims (in terms of whether it's a high-volume institutional client, such as a large medical office or single-transaction individuals),... View More

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... View More

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.... View More

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... View 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... View 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... View 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... View More

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