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Health Care Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Health Care Law for Florida on
Q: I had a pharmacist basically accuse me infront of other customers like i wrote a fake prescription for my adhd medicine

And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Kansas on
Q: If I refuse continued treatment at a php facility and I’m currently in residential, am I responsible for expenses

I’m on a single case agreement and I do not want to continue php care. I worry that that covered expenses so far will be my responsibility of and when I choose to leave against clinical recommendation.

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2022

A Kansas attorney could advise best, but your question remains open for two weeks. But it would be difficult for any attorney to offer meaningful guidance here. The answer to your question could depend on your insurance carrier, your policy or plan, terms of the PHP facility, and other possible... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Health Care Law for California on
Q: Can I get my deceased grandparent's medical information if I'm not the executor of their estate?

My grandparents passed away over 10 years ago and I am trying to get their medical history. I am not the executor of their estate (they didn't do estate planning before passing away) and my father is the death certificate holder. I live in California, however, they passed away in New York. I... Read more »

Julie King
Julie King
answered on Jul 13, 2022

You are right on the money with the HIPAA reference. Everyone has a right to privacy in their medical information. So, if one spouse is in the hospital and the other spouse calls to ask how the hospitalized person is doing, the hospital is not even allowed to acknowledge the person is in the... Read more »

2 Answers | Asked in Estate Planning, Family Law and Health Care Law for New Jersey on
Q: Is there a simple template or fill-in last will and testament that I can get to fill out for a relative?
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 12, 2022

That would be practicing law without a license. "Template" legal documents are rarely worth the paper they are printed on. If your friend cannot afford a private attorney, then that person needs to contact NJLS or law school legal clinics.

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1 Answer | Asked in Civil Rights, Health Care Law, Small Claims and Landlord - Tenant for New Jersey on
Q: Do I have legal action in New Jersey to get my neighbors to stop smoking cigarettes? It is affecting our health badly.

I am pretty desperate to find someone who can help me with my situation. I live in an apartment. I have had an issue for over a year now with my neighbors chain smoking. They recently did renovations on all of the apartments. It made it worse. They did not do a good job and my apartment is filled... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 12, 2022

Every lease is deemed to include the provision of quiet enjoyment. This places a obligation on the Landlord to insure that the premises are safe and not unhealthy. So if the Landlord refuses to take any action to correct the situation, consider filing suit against the Landlord for breach of... Read more »

1 Answer | Asked in Health Care Law and Personal Injury for Alabama on
Q: Can a Hospital be sued for getting bug bites while your in the Hospital?

I was being treated at shoals hospital and was there for 3 nights, while i was there i hot bug bites.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2022

An Alabama attorney could advise best, but your question remains open for a week. As a general matter nationwide, some law firms are reluctant to consider such cases. They often present defense counsel with many viable defenses. You could reach out to attorneys to discuss - that could give you a... Read more »

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... Read more »

1 Answer | Asked in Health Care Law for Wyoming on
Q: Can the hospital still pursue payment?

A hospital illegally admitted my daughter and is expecting payment. They had my daughter for over 12 hours before notifying me. The admitting nurse signed the admission form and told staff members that she had talked to me. I refused to sign anything. The credit bureaus have deleted the debt from... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2022

A Wyoming attorney could advise best, but your question remains open for three weeks. An attorney would need to investigate the details of the admission. Try to arrange a free initial consult with an attorney after outlining your exchanges (conversations, emails, texts) and daughter's account... Read more »

1 Answer | Asked in Health Care Law and Small Claims for New Jersey on
Q: prepaid services/testing not rendered

If someone prepaid services (testing) to a health practitioner and was unable to go through the testing, does the client have a right to a refund (or partial refund minus the unused test kit.)

Nancy

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2022

It would depend on the terms of the prepaid plan. You could review the plan agreement and check the paragraphs about termination, cancellation, refunds, etc. Look for any additional obligations involving testing labs. If the terms of the plan agreement seem to be against you, or they do not address... Read more »

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: I was in to the hospital for kidney stones and a severe UTI. I ended up septic

They gave me the wrong antibiotics twice

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for attorneys to offer guidance here. There wasn't a question, but it looks like you're wondering about your legal rights. That would call for a medical opinion. You could reach out to... 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 Health Care Law for Florida on
Q: I have been taking care of my mother and she wants to return to her house in PR but she is 89 years old. what can I do?

I live in Florida where she has been for the past 2 years. Can she return to her house ? She doesn’t have a car nor anyone to take care of her in PR. My brother washed his hand of having anything to do with her. He lives in PR.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

If she is in control of her mental faculties, of course she can. But you should try to persuade her to let you arrange someone to take care of her before she goes there.

1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2022

Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... Read more »

1 Answer | Asked in Health Care Law for New Mexico on
Q: UnitedHealth will not pay my wife's hospital bill. They said hospital is out of network and will not pay claim

Took wife to lovelace ER was told she needed to be admitted.she was in hospital for 4 days. UnitedHealth says hospital is out of network will not pay claim

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. You probably already attempted resolution or negotiation with them. When it comes to ER or ambulance services, some carriers will show more leniency. But if you are at an impasse, which could be the case from... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: have a child(legal adult in FL.)moved Alabama got put in a MentalHealth Hospital,now they say can they charge me with

Son moves to Alabama and gets put in a MHH he is 18 and a legal resident of Florida. They are saying that if I don't pick him up today (found out yesterday) I'll be charged with abandonment and they will issues a warrant for me. All this coming from a ex friend and no one has called me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

While Alabama may think you "abandoned" him, what you did or didn't do wasn't in Alabama; it was in Florida. Alabama can't charge you because you didn't do it there. In any event, don't necessarily believe what ex-friends tell you.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Maryland on
Q: I was denied a 2nd opinion for spine surgery thus delaying healing. My issue can lead to paralysis/death. Can you help?

This was Kaiser MidAtlantic, South Baltimore location’s Head surgeon and a contracted neurosurgeon who refused minimally invasive procedures and newer 93% success rate procedures with shorter recovery periods. They prefer the 50 year old procedure that has 70% success rate initially, but within... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2022

A Maryland attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It's going to be difficult for any attorney to offer meaningful guidance on something of this complexity without seeing the file and the terms of the insurance coverage. If... Read more »

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