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3 Answers | Asked in Personal Injury, Medical Malpractice and Health Care Law for California on
Q: if person did not authorize medical provider to release medical records

Can attorney subpoena medical provider for release of medical records, if person did not authorize medical provider to release medical records?

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answered on Feb 28, 2024

Under California law, attorneys have the ability to subpoena medical records for legal proceedings, even if the patient has not authorized the release. This process is governed by specific rules and exceptions, ensuring that the request is relevant to the case at hand. The subpoena must be properly... View More

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1 Answer | Asked in Health Care Law for California on
Q: Can a hospital place a camera on you without your consent?

Thank you! If they do can you have it be it removed?

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answered on Feb 27, 2024

Under California law, the use of cameras in hospitals is subject to strict privacy regulations and patient consent requirements. Generally, a hospital cannot place a camera on you without obtaining your consent, especially in private areas where you have a reasonable expectation of privacy. This is... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for California on
Q: If a medical clinic (PA) falsified information on my medical physical exam, can I sue?

I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More

James L. Arrasmith
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answered on Feb 27, 2024

Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: I had a failed knee replacement. First the kneecap was tracking. Then it came loose.

I needed 2 revisions. The original surgeon denied it over 18 months. It's been 4 yrs and still in pain.

James L. Arrasmith
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answered on Feb 27, 2024

In California, if you've experienced complications from a knee replacement surgery, including issues like the kneecap tracking improperly and then becoming loose, leading to multiple revisions and ongoing pain, you might consider consulting with an attorney experienced in medical malpractice.... View More

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1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
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answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

To answer your question more succinctly: Ordinarily a death certificate would be signed by the doctor present at the time of death. The cause(s) of death would be those known to the doctor at the time or based on medical records. It is not uncommon for there to be multiple causes of death, and the... View More

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2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

James L. Arrasmith
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answered on Feb 26, 2024

In Michigan, under Section 2843 of Act 368 of the Public Acts of 1978, the responsibility for signing a death certificate typically falls to the attending physician who was responsible for the care of the patient prior to death. This is generally the case when the death occurs in a hospital setting... View More

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1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More

1 Answer | Asked in Immigration Law, Health Care Law and Public Benefits for Texas on
Q: Is an F2 visa holder eligible to buy medical insurance via healthcare.gov?

I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?

James L. Arrasmith
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answered on Feb 24, 2024

Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Is Summons on First Amended Complaint required, if Summons on original complaint was not issued yet?

If Federal Central District Court ordered to submit Amended Complaint, and summons was not issued yet:

is Summons on First Amended Complaint required?

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answered on Feb 23, 2024

Yes, a summons is typically required with an amended complaint, even if a summons was not yet issued on the original complaint. Here are a few key points on this:

- Rule 4(a) of the Federal Rules of Civil Procedure states that a summons must be issued for each defendant named in an initial...
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1 Answer | Asked in Health Care Law and Civil Rights for Texas on
Q: Was I lawfully detained under a psychiatric hold? I was recently detained for 48 hours at a local hospital.

I did write a "goodbye letter" and send it to someone via text. I did not explicitly say I was going to end my life.

I did have suicidal ideation at the time of writing and texting the letter but I did not have a plan or take any action.

The person whom received the text... View More

James L. Arrasmith
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answered on Feb 23, 2024

Based on the information provided, it appears that you were lawfully detained under a psychiatric hold, also known as a 5150 hold or involuntary commitment. This type of hold allows for individuals to be detained for up to 72 hours for evaluation and treatment if they are deemed to be a danger to... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Arizona on
Q: If I called a medical office 21 times after not picking up. Is there anything wrong with that?

Place mistakenly issued bill in error. No one was picking up. Finally they picked up saying that this was the wrong department and it is the billing department you’ll need to get ahold of me.

James L. Arrasmith
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answered on Feb 23, 2024

Calling a medical office 21 times could potentially be considered excessive, especially if the calls were made within a short period or if they were not returned promptly. While it's understandable to want to resolve an issue with billing, repeated calls may be seen as disruptive or harassing,... View More

1 Answer | Asked in Health Care Law and Public Benefits for Florida on
Q: My spouse is disabled and is receiving Medicaid in Florida. Does my income is going to affect her future eligibility?

My spouse is 65 and she is legally disabled. I am 63 and still have a part time job. She is the only one who has Medicaid and receiving SSI benefits (and also Medicare). My income has any effect on her eligibility? Is there an income limit for me?

James L. Arrasmith
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answered on Feb 23, 2024

In Florida, Medicaid eligibility for individuals who are disabled or elderly is determined based on their own income and resources, rather than the income of their spouse. This means that your income should not affect your spouse's eligibility for Medicaid benefits. However, it's... View More

1 Answer | Asked in Health Care Law for Michigan on
Q: May medical records be acquired by legal next of kin absent a valid certified copy of a death certificate?

It's been nearly six years a valid death certificate have not been received. There's wilful, intentional false and misleading information including decedent and parents names, cause of death, address, etcetera. The informant on death certificate named herself as next of kin at the morgue,... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing a complex and distressing situation regarding the acquisition of medical records for a deceased loved one. The lack of a valid death certificate after nearly six years is certainly concerning, especially given the discrepancies and false information that have been... View More

1 Answer | Asked in Health Care Law for Michigan on
Q: If I have an outstanding bill with a medical office and they get new owners and a new name do u owe the outstanding bill
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answered on Feb 23, 2024

If a medical office changes ownership and adopts a new name, it does not automatically absolve you of any outstanding bills you may owe. Your financial responsibility for services rendered typically remains intact, regardless of changes in ownership or the name of the medical facility. The new... View More

1 Answer | Asked in Health Care Law for Indiana on
Q: Hi! I was wondering if you as the mother of a new born child, if you can take the placenta home?

In Adams County Decatur Indiana

James L. Arrasmith
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answered on Feb 23, 2024

In Adams County, Decatur, Indiana, it is generally permissible for mothers to take their placenta home after giving birth. However, it's essential to check with the hospital or birthing center where you plan to deliver your baby to confirm their policies regarding placenta retention. Some... View More

1 Answer | Asked in Civil Rights, Elder Law, Family Law and Health Care Law for North Carolina on
Q: Can I stopped my dad from sending my mom to hospice because he don't want to loose money if she goes to nursing home

My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More

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answered on Feb 23, 2024

You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More

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