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New York Health Care Law Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on
Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants responsibility to make... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on
Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Small Claims, Personal Injury and Health Care Law for New York on
Q: I was forced to take a drug that make me a less of a man. I need a law to bring all this people to justice 6464892008

Above is my phone number for more info

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

you should ask the site to take your phone number down.

Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.

However if you mean impotence, it is very, very difficult to prove it came from the drug and not from...
Read more »

1 Answer | Asked in Child Custody and Health Care Law for New York on
Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?

My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »

Nina Mironenko
Nina Mironenko answered on Apr 24, 2019

Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New York on
Q: Does a health care proxy have any legal power after the death of the patient?

My aunt passed away. My sister was her health care proxy and wants to bury my aunt. My cousin want to cremate. Does my sister s?

Michael David Siegel
Michael David Siegel answered on Feb 19, 2019

The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.

1 Answer | Asked in Health Care Law and Intellectual Property for New York on
Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

I am conducting a research report on the patented product and need to find who would be the best expert witness on a hypothetical case wherein the product may be scrutinized in a medical malpractice case.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions,... Read more »

2 Answers | Asked in Civil Litigation, Health Care Law and Sexual Harassment for New York on
Q: I want to know if they are suing him or just the health care institution or both/? Do we need a personal lawyer?

My Husband got papers from work in December 6, 2018 from work it states:

He didn't sign for any papers.

The papers went directly sent to work only.

He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

I would need to see the papers to answer the question.

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2 Answers | Asked in Health Care Law and Tax Law for New York on
Q: I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold

I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold and leave the rest in the corp?

Linda Simmons Campbell
Linda Simmons Campbell answered on Dec 14, 2018

When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Q: I just found out I have asthma and I have been in the army for 4 years.

Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 18, 2018

Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims -...
Read more »

1 Answer | Asked in Family Law, Tax Law, Collections and Health Care Law for New York on
Q: Am I liable for my domestic partner's defaulted student loans in the state of NY?

My boyfriend meets the legal requirements to become my domestic partner and be added to my health insurance. We have never done it before because we are afraid that his defaulted student loans will become my liability. If I add him to my health insurance, can the student loan people come after my... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 7, 2018

No.

1 Answer | Asked in Employment Law and Health Care Law for New York on
Q: Hello, is there any precedent or legal code that goes to employee health care and employers changing the cost of plans?

Basically if an employer is paying 100% of an employees insurance and then says that they are now only paying 50% without any sort of notice, is this accepted under precedented case law and Labor Law in NY?

V. Jonas Urba
V. Jonas Urba answered on May 16, 2018

As long as it's across the board, everyone treated equally, no discrimination, an employer could even eliminate all paid vacations effective immediately. COBRA requires notices provided to employees, were health insurance completely eliminated, to allow employees to opt to continue the same... Read more »

1 Answer | Asked in Employment Law and Health Care Law for New York on
Q: Can my employer charge me retroactively for health insurance premiums?

We are a union shop. In 2015 we signed an agreement with our company to pay into our health care plan starting on 1/01/2016. The agreement was held without any action and was not ratified until 2/2018. Now the company is planning to retroactively charge us for healthcare premiums for the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 28, 2018

Have you discussed this with your union authorities? Their legal counsel?

Have you contacted the National Labor Relations Board to inquire whether this might be an unfair labor practice by the union?

Have you reached out to private lawyers who will need to review and read ALL of the...
Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for New York on
Q: I had a psychosis and was taken to the hospital instead of keeping me 72 hours the released me almost immediately still

I was still in the psychosis I ended up being lost on the streets of the city where I was attacked and sexually assaulted eventually I was taken back to the hospital still in psychosis and kept for 8 days the hospital should never have released me in a psychosis which it was obvious I was in since... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 5, 2018

Maybe. Call a medical malpractice lawyer. If they take your case, it is free to you. If they do not, you may have no case.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New York on
Q: i left my permanent job 2 weeks ago to work as a long-term temp at a hospital. Position was given to someone else.

The recruiter told me that i will be starting in two weeks. I gave my resignation letter to my boss and my last day was on January 12th. I went to the interview on 12/27/17. The recruiter called me the same day to tell me i got the position. I went to mobile health to get all the requirements to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 29, 2018

If you have some proof (e-mail, letter, voice mail, the receipt that you paid as requested, etc...) that at the time you left your prior job you had another job lined up you should be able to collect unemployment benefits. Apply with the NYS Department of Labor, honestly, and it sounds like you... Read more »

1 Answer | Asked in Employment Discrimination and Health Care Law for New York on
Q: While I am receiving workers comp benefits and am not working can my employer deny me health coverage?

My employer says that since I'm not working 30 hours a week, because I am out on medical leave and receiving workers comp, that I can not receive employee health benefits. Is that true?

V. Jonas Urba
V. Jonas Urba answered on Nov 27, 2017

If you were receiving benefits before you took workers compensation leave, unless your employer is eliminating benefits for all employees, taking workers compensation leave does not change your plan like getting married, having children or losing your job would. Your employer would have to provide... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: Getting High ER Bill for Leaving the room after waiting 5Hrs and not been seen.

Hello

About a month ago I went to the ER Room in pain with a bleeding Cist, I registered and after waiting for five hours without been called by I doctor I noticed that I was bleeding more and the pain was getting worse. Because of that I decided to leave the ER Room and go to a Hospital I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Get a copy of your hospital records (get them on disc, print them out at Staples/Office Max, way cheaper than getting printed copies).

Write the billing company a letter stating that they didn't see you so they provided no services, and if they dispute that you want a record showing what...
Read more »

1 Answer | Asked in Criminal Law and Health Care Law for New York on
Q: If a court, in NY city ordered drug alcohol rehabilitation to someone sources claim there is a lien on them.

How to tell if such a lien exists or is this myth

Lee A. Koch
Lee A. Koch answered on Oct 18, 2017

Lien for what? The court orders treatment or it doesn't. If treatment is a provision of the sentence, it must be completed.

1 Answer | Asked in Family Law, Health Care Law, Social Security and Estate Planning for New York on
Q: I am looking for a Power of attorney wherein my husband doesn't have to sign or have any knowledge

It has to be for New York State and it has to be for anything and everything that has his name on it. You, see, he has a pension and some inheritance that my name is not on it.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 20, 2017

You cannot obtain a power of attorney on someone without their knowledge.

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: Hello, is there any data available anywhere regarding the scope of clinical research litigation numbers? Thanks.

Looking to find a probability for any clinical research trial of making it to litigation, any further detail of breakdowns into alternative dispute resolutions would be great as well, or just complaints in general.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Not sure what you are looking for but your state's Trial Lawyers Association may have some data.

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