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Ohio Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Juvenile Law for Ohio on
Q: I'm 17 and have an eating disorder. Can I legally refuse treatment? If not, can I refuse when I turn 18?

My parents have threatened to get a guardianship if I relapse again. Can I refuse treatment at 17 if I'm in a guardianship? What if I'm 18 and in a guardianship?

Joseph Jaap
Joseph Jaap answered on Jun 24, 2020

Parents make decisions for a minor, including medical treatments. They decisions can be enforced by a court. At age 18, if the court appoints a guardian, then the guardian makes those decisions, and the court can enforce them. If you overcome the disorder through successful treatment programs to... Read more »

1 Answer | Asked in Employment Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Ohio on
Q: My employer changed health insurance companies and my old therapist is not covered. I have a bill for 3 months of visits

I’m in Ohio and my employer changed insurance companies effective the first of this year. Neither I nor my therapist realized that this change made her out of network as many of her patients have the same employer as I and I found her through my old insurance which was provided by the same... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

Your employer will not be liable to pay or waive the expense. It is your responsibility to ensure that your health care providers are covered under your employer's insurance plan. You can ask if your therapist or your insurance company is willing to work with you on payments.

1 Answer | Asked in Health Care Law for Ohio on
Q: During the stay home in Ohio if you're out and a cop stops you can they tell you you cannot go home

I feel that they shouldn't be allowed to stop you from returning home

Anthony C. Satariano
Anthony C. Satariano answered on Mar 24, 2020

Holding you and preventing you from continuing on your way or returning home would require the officer to either detain or arrest you. They cannot simply deny your right to return home without legal justification that is sufficient to trump your constitutional rights.

Although the...
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1 Answer | Asked in Car Accidents, Civil Litigation, Health Care Law and Collections for Ohio on
Q: long story short I was an accident when to the hospital. had bills that had to wait to get paid until I received

help please now im on hold with the hospital im trying to get receipts and a call log with the notes that were made on my account i don't know what else to do. why would they serve me AFTER i paid them?

ong story short I was an accident when to the hospital. had bills that had to wait... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 13, 2020

You probably have more than 3 days to answer. you have 28 days from date you were served with summons to provide answer to hospital's attorney and then must file answer with Court within 3 days of responding to attorney.

The hospital most likely referred the matter to collection...
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1 Answer | Asked in Health Care Law for Ohio on
Q: If one gets a medical POA, outside of a will. Different person then in the will. Does it supersede the will? In Ohio

Persons named in will have no interest in the person who named them over 10 years ago. He, the person, has said numerous times he doesn’t want them to have any control. Now he’s sick and we, his friends, who have been there for him are trying to help him and stop them from taking advantage of... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 6, 2020

The person you are describing appears to have a few options based on the facts you have provided.

First, if the person executed a new healthcare POA now naming an individual, it would supersede prior documents naming a different person as the POA.

Second, the person can always...
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1 Answer | Asked in Consumer Law and Health Care Law for Ohio on
Q: What can be done about my hospital bill now? Should I respond to the debt collector to have them validate the debt?

I gave birth to my son on 7/30/19 at 9:46pm. My husband and I have a high deductible insurance policy and expected to pay a large portion out of pocket, but we didn't expect to pay for stuff that never happened. The hospital strongly encourages NOT sending babies to the nursery. I kept my son... Read more »

Daniel Myers
Daniel Myers answered on Feb 5, 2020

It is illegal for a hospital to charge for items that were not approved or authorized by you, to charge fees for services and rooms never provided, and some of the other conduct you described could also be illegal. You potentially have some claims under the Consumer Sales Practices Act in Ohio, if... Read more »

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: Admitted to hospital for follow-up on stent placement. While there, hip became dislocated.

Staff notified of pain and inability to walk, provided some comfort care and proceeded with discharge, giving 5 pain pills. Could not walk when leaving. Saw chiropractor next day who put hip back in place. Is this action by the hospital within the normal standards of care?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

I'm sorry for your ordeal and that your question remains open for four weeks. At this point, consult with an Ohio med mal attorney. They could request the records and investigate the matter in further detail. They generally work on a contingency basis and most provide free initial consults.... Read more »

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on
Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on
Q: I want to know if something is medically eithical or right or malpractice

I’ve been seeing a doctor for at least 12 years due to back, neck, hips, knee pain. I’ve had major back surgery in 2009....rod plus screws. I’ve had my thumb fused. This doctor put me on 3 neurontin a day when I first saw him, and 4 Vicodin’s a day also. Eventually the neurontin went up to... Read more »

Mr.  Eugene Ray Critchett Esq
Mr. Eugene Ray Critchett Esq answered on Apr 12, 2019

If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on
Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

Not sexual in nature. Just inappropriate conversations about my daughters mental health during and outside of school. They are woman teachers.

Matthew Williams
Matthew Williams answered on Mar 10, 2019

You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

1 Answer | Asked in Health Care Law and Tax Law for Ohio on
Q: I write off more then I make so in the governments eyes I make nothing, is it legal to receive food stamps and Medicare

I worked for a logistics company which I wrote off more money then I made which I made a nice living. So In the governments eyes I made absolutely nothing is it legal to receive food stamps and Medicare even though I make more then the average?

Matthew Williams
Matthew Williams answered on Feb 12, 2019

Have you talked to a tax attorney? It’s probably illegal to write off more than you make.

1 Answer | Asked in Health Care Law for Ohio on
Q: How do you go about getting medical records sealed?
Matthew Williams
Matthew Williams answered on Feb 8, 2019

Medical records are not public and therefore cannot be sealed. There are HIPAA protections in place to avoid unauthorized disclosures. Also, it sounds like they are accurate: he was there because he expressed a suicidal thought. He may not have been serious, and it may not be the most suicidal... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Q: Is it a HIPAA violation for my employer to ask "What kind of surgery is your son having?" My son is a minor.

I was asking for time off to attend my son's surgery and I was asked this question.

Matthew Williams
Matthew Williams answered on Mar 28, 2018

HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.

2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on
Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?

My Brother and I have Power of Attorney.

Joseph Jaap
Joseph Jaap answered on Mar 19, 2018

Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.

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1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Ohio on
Q: if a 16 year old female is pregnant and her mother is trying to get rid of her ob dr could she file for emancipation
Joseph Jaap
Joseph Jaap answered on Mar 5, 2018

Ohio does not permit emancipation in that circumstance. Here is more information:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Ohio on
Q: Abusive mother with munchausens; how can I make sure she gets treatment and also keep my younger siblings safe?

My mother has munchausens and munchausen by proxy, and because shes incredibly manipulative, my grandmother (whom she lives with) refuses to force her to get help, or see that she needs it. Two of my other siblings still live at home, (one was damaged so much by the unnecessary medication that... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 19, 2018

Contact children's services and advise them of the problems. The siblings could go to foster care, or into the custody of another family member.

1 Answer | Asked in Family Law, Child Support and Health Care Law for Ohio on
Q: My wife and I are going to be getting a dissolution but neither of our children have health coverage at the moment

I need to know what will happen if she applies for state insurance

Joseph Jaap
Joseph Jaap answered on Feb 7, 2018

If they don't have coverage now because of your family income, apply for state coverage now. Use the Find a Lawyer tab to consult a family law attorney to discuss this and other issues related to the dissolution and advise you.

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on
Q: Can a hospital deny you from seeing somebody under arrest and servely injured? Both parents are dead and I'm roommate

I'm his roommate/ best friend and I can't see him because they say the only person can see him his power of attorney. That could take time for his brother to fly up. I should at least be allowed on his bedside. They also put the cops that shot him on leave because they stories didn't... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 29, 2018

The hospital can enforce its policies and exclude anyone who doe not have power of attorney.

1 Answer | Asked in Civil Rights, Health Care Law and Juvenile Law for Ohio on
Q: Can a juvinile judge force you to do child focus counseling?
Matthew Williams
Matthew Williams answered on Dec 12, 2017

That really depends upon the circumstances. But, generally, if the court has jurisdiction over you due to an issue involving you or your child, it can make you do stuff, yes.

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