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Pennsylvania Health Care Law Questions & Answers

1 Answer | Asked in Health Care Law for Pennsylvania on

Q: Botox Injections in Pa

I am an RN certified in Botox and derma filler injections. I aware that injections must be supervised by an MD/DO. My question is does the doctor have to be physically present for a nurse to do injections or can he be within a certain distance and accessible by phone? Is there a regulation that you... Read more »

C.Doris Okafor Dike answered on Aug 19, 2019

Hi, I am not a lawyer in PA. I will say that here in Texas delegation really depends on state statutes. I'd check out your scope of practice laws in Pennsylvania. Certainly tele-medicine is a thing but some states have distance requirements when physicians delegate tasks. Also, are you a nurse... Read more »

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Health Care Law for Pennsylvania on

Q: I was misdiagnosed by three practioners of a local hospital and consequently suffered more damage and needed two more su

Do I have cause for a lawsuit to re coup my losses?

Peter N. Munsing answered on Feb 4, 2019

Depends on the damage as to whether it is worth the costs of looking at it. however, I would suggest you contact a member of the Pa. Ass. for Justice in your area who handles medical carelessness cases.

1 Answer | Asked in Health Care Law, Libel & Slander and Medical Malpractice for Pennsylvania on

Q: My husband is being told that he must be transferred to a scaled nursing facility

Due to something that was advocated and found in his blood work. I looked up the regulations and personally called the companies myself. And they are stating that isn’t the case and the hospital did not even try to put an authorization in to obtain that particular service. What rights does he... Read more »

Peter N. Munsing answered on Feb 4, 2019

Contact the hospitals patient advocate and your family doctor.

2 Answers | Asked in Family Law, Personal Injury and Health Care Law for Pennsylvania on

Q: I Have a ST Jude SCS , Is there someone that would want to talk about my inclusion of this suit?

model 3662 installed 5/23/16

Kathryn Hilbush answered on Jan 28, 2019

I suggest that you Google the unit and, if there's a pending class action suit, contact the litigation group that filed the complaint.

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1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide

I checked with courts - he was not deemed... Read more »

Peter N. Munsing answered on Sep 11, 2018

There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there... Read more »

1 Answer | Asked in Health Care Law and Workers' Compensation for Pennsylvania on

Q: Work said they are cutting my personal health insurance once I have been off on WC for 3 months. Can they do that?

Hello. I hurt my foot at work. I was originally told by there doctor that is was a sprain or strain. I went 3 weeks before they sent me to an orthopedic Dr that immediately knew the issue(Os Peroneum). They treated me and I am almost feeling 100%. However, work called me a few days ago and said... Read more »

Peter N. Munsing answered on Aug 1, 2018

Yes, you then have a right to "buy in" under COBRA. However, if its a sucky plan, you would perhaps want to sign up for an ACA plan. Talk to the attorney who is advising you on comp.

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Pennsylvania on

Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f

I am RN . I accidently wrongly put in a doctors order for a narc in the wrong resident name , I told another nurse when the med arrived he told me what to do send it back to pharmacy he faced it over and I called them . Can I get charged for this ???

Cary B. Hall answered on Apr 23, 2018

Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.

If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong...
Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Pennsylvania on

Q: Is it legal for a therapist to allow a child to use her personal cellphone for a child to email?

I asked the therapist to attend for mutual support as my child had been having suicidal thoughts. While sitting at a pyschiatric center as my child was finishing an evaluation to be admitted my child asked her therapist to use her cellphone. Deliberately in front of me the therapist handed my... Read more »

Peter N. Munsing answered on Oct 25, 2017

Who is the therapist's client? You invited her there which indicates some relationship. She owed duties to her client. Her behavior sound slightly unprofessional, and you should calmly ask for an explanation before proceeding further.

At a minimum she seems to be triangulating which is...
Read more »

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Pennsylvania on

Q: If I no longer want to be Executor or Medical POA, how do I cancel it??

Peter N. Munsing answered on Sep 12, 2017

You aren't bound to use or be it. Just inform the family of that.

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on

Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

There controlling I cn t take it they steal my ssi an disability checks they threaten me with cops tell me cops will force me 2 come back

Peter N. Munsing answered on Sep 5, 2017

Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on

Q: Clinical evaluation was done 1.23.2014, PA is saying that it's too old, and need to be done again.

Evaluation was done in NY where incident occurred, but only saying it's too old. Clean record since. No issues. Just moved to PA from NY and applying for license here in PA. Left NY license in good standing after finishing legal process.

Peter N. Munsing answered on Aug 31, 2017

Not sure what evaluation you need, but if you had some situation it was needed for Pa. and most states require that on reapplication you may need another.

1 Answer | Asked in Divorce, Family Law and Health Care Law for Pennsylvania on

Q: Do I have to keep children from my spouse on my health insurance? They aren't mine and we are divorcing

Kathryn Hilbush answered on Jul 8, 2017

Not, not unless you're court-ordered to do so or have adopted them.

1 Answer | Asked in Adoption, Family Law, Health Care Law and Juvenile Law for Pennsylvania on

Q: Can a foster child leave foster care when they turn 18 by their choice?

My girlfriend is 17, in high school, and in a foster care home. (I'm 19 and graduated last year) She feels just as mentally abused in that home as she did with her real parents, and some of the other foster children are trying to sexually abuse her and she is terrified in that home. She doesn't... Read more »

Peter N. Munsing answered on Jun 9, 2017

Yes, but more importantly if she feels she is threatened with abuse now she needs to reach out to a counselor or other person in a similar position. She wouldn't lose all state assistance but really needs to talk to a social worker or similar.

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Pennsylvania on

Q: My exhbd & I share custody 50/50 w/no court agreement, I pay for our childs health care & her bills can i get support?

Idk how much he makes. He is remarried & has a mortgage in her name. Can i still qualify for support?? I rent my place.

Brian Lehman answered on Mar 4, 2017

To get an answer to this question, you really need to talk to a family lawyer near you. There are a number of questions that a lawyer needs to ask to give you an answer and explain how to achieve your goal of getting support.

1 Answer | Asked in Consumer Law and Health Care Law for Pennsylvania on

Q: I have been sued by a health organization in Ny. I live inPA...what will they do to me, what can i expect? Thank you.

Peter N. Munsing answered on Feb 15, 2017

First, you need to respond to the case--even if it's bogus doing nothing is not an optiion. They may be a group that does the collections for a doctor group. Attached to the complaint should be the bill. If you had health insrurance and they didn't cover you need to consider adding them as a third... Read more »

1 Answer | Asked in Medical Malpractice and Health Care Law for Pennsylvania on

Q: Can your doctors deny medical records to be sent to another doctor due to overdue balance?

I have an overdue balance at my child's doctor they sent to collections I was u ware that they would drop her. When I tried to make her 12 month check up they said they can no longer treat her due to non payment and to find a new doctor. I found a new one that wants the medical records sent over... Read more »

Peter N. Munsing answered on Feb 6, 2017

This is improper. Explain that you will if necessary to get your child care file a complaint with the department of health and the consumer division of the AG's office. Under the ACA and other statutes your daughter has rights.

You should, by the way, see if she can get coverage under CHIP...
Read more »

1 Answer | Asked in Health Care Law, Insurance Defense and Medical Malpractice for Pennsylvania on

Q: I got in a dispute of $550 with my dental office. They claimed they did services which my insurance won't cover

They did not tell me those are not covered. I only came for 2 teeth filing which I am supposed to pay some portion and insurance company pays other. So I dispute with my insurance company and the insurance performed an audit based on the dentist claims resulting me owing even more money. I did not... Read more »

Peter N. Munsing answered on Jan 18, 2017

You can tell them you did not consent to the services they are billing you. If they have a debt collector call you you file a complaint with the medical board that licenses dentists.

1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Pennsylvania on

Q: My granddaughter is in the hospital -she is 17-does she have the right to refuse visits from her family?

Peter N. Munsing answered on Dec 31, 2016

The closer she gets to 18 the more rights she has. However, I'm not sure the hospital wouldn't want you there. Contact the hospital social worker because obviously there is pushback and just forcing yourself isn't going to help smoothe things out for either of you.

1 Answer | Asked in Family Law, Personal Injury, Health Care Law and Juvenile Law for Pennsylvania on

Q: Can a 17 year old who was denied healthcare by his parents get a lawyer?

I am in an extremely emotionally abusive house hold, and I need to look into being emancipated. They have slapped me before but not recently.

I was having severe chest pains and they denied to take me, so my boyfriend and his brother and his brother's girlfriend came down and took me. They... Read more »

Peter N. Munsing answered on Oct 18, 2016

800-932--0313 is the abuse hotline for PA.

Another resource is the Pa. Domestic Abuse Coalition hotline which has resources at:

Good luck!

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