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Illinois Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Illinois on
Q: I had a tooth extracted and the dentist left a peice of the tooth in my mouth. Is he responsible to me in anyway?

I had to get a 2nd extraction and disposable stiches. I asked for a refund and for additional expenses to be paid and they have not paid.

Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

An Illinois attorney could answer you best, but your question remains open for two weeks. One possibility, depending on the amount of the expenses, might be small claims. Good luck

Tim Akpinar

2 Answers | Asked in Family Law and Health Care Law for Illinois on
Q: I need to change the executor of my will, legal guardian and health care.

I also need assistance with durable power of attorney

Ray Choudhry
Ray Choudhry answered on Mar 8, 2019

These are legal documents that need to be properly drafted.

You probably need a will and powers of attorney for health care and property.

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2 Answers | Asked in Criminal Law and Health Care Law for Illinois on
Q: can I get in legal trouble for picking up Rx's that were called in by real doctors but they are questioning the number

They were called in for family but The scrips were actually call in from docs. They were not controlled substances and I was helping a friend who did not have a car. So if they are legit called in by a doctor why should I be in trouble. Plus the pharmacy gave them too me and never asked a... Read more »

David J. Winer
David J. Winer answered on Dec 27, 2018

With the info provided it is impossible to determine why the police would investigate this situation. I am sure there

is more to it. I suggest that you contact a criminal defense attorney in the county where you live.

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1 Answer | Asked in Appeals / Appellate Law, Health Care Law, Legal Malpractice and Probate for Illinois on
Q: What would be the right way to go about filing an appeal in a mental health case where I have not been served?

I have a dispute with my family, they gained access to money under my name and then had me mentally committed where now they are smearing my name in court proceedings to the point where a judge is providing a waiver of service for me to attend these proceedings. According to the multitude of laws... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2018

The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it yourself.... Read more »

2 Answers | Asked in Divorce, Family Law, Child Support and Health Care Law for Illinois on
Q: How do courts split the cost of health care?

My son is on my insurance plan, and it is just the two of us. If my plan costs $100 per month, would we split half of $50? I would think my half costs $50, and my sons half costs $50 which we'd split and each pay $25 for his insurance monthly. His father thinks we should only split the difference... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2018

There is no magic answer. Whatever you agree on or a court orders is the "correct" answer.

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1 Answer | Asked in Health Care Law and Landlord - Tenant for Illinois on
Q: can i sue apartment complex for Failing to pay hospital bills?

A couple years back I fell outside my apartment complex. It was during winter time and they didn’t clean not salted the parking lot. I took pictures and doctors/hospital paperwork. They said they were taking care of it. As of right now I thought everything but one bill was good but two years... Read more »

Steve McCann
Steve McCann answered on Feb 8, 2018

You can file a lawsuit against the complex and/or property management company, but only if it is within 2 years from the date of the incident. If it is inside of 2 years, consult with an attorney immediately. IF it is outside of 2 years, you may not have any options for recovery, as the statute... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: My daughter got overvaccinated by 3 shots due to her previous Doctors office not recording correctly that she got them

I have a Florida Certification of Immunization form saying my daughter received shots on a certain date, but when her current Doctor's office requested the notes from the previous office, there was no record of her getting the shots. It was not recorded on her last visit and it actually says she... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

The question who pose should be taken up by your daughter's physician: What health consequences did the 3 extra doses of vaccine your daughter receive have on her health? You didn't say, fortunately, that your daughter had any ill-effects or injury of any kind from the overdosage. Nevertheless, I... Read more »

1 Answer | Asked in Child Support, Health Care Law and Medical Malpractice for Illinois on
Q: What can I do about the hospital doing surgery on my child with out my consent & the child's mother not making child sup

My step son ran away from home and the hospital got verbal consent from the child's mother even though she lost all rights to the children in court? How can the hospital legal due any none emergency surgery on the child with out consent from the child's legal guardian/parent? And what can be done... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

Child support is a separate question. Deal with that through child support enforcement.

On the permission, if it was emergency surgery and it was the mother, a hospital isn't required to quizz her as to whether or not she has full rights.

1 Answer | Asked in Immigration Law and Health Care Law for Illinois on
Q: Is it possible for me to fix my mothers immigration status?I am now 21 and I was born in the United States.

My mother crossed the border illegally twice and was never detained nor does she have a bad record with the police. She has a son who has a arginase deficiency.

Kevin L Dixler
Kevin L Dixler answered on May 19, 2017

More information is needed. Did anyone petitioner her by January 14, 1998? Was she physically present in December of 2000 and petitioned by April 30, 2001? Which dates did she enter without inspection? Does she want to consider other forms of immigration relief, such as cancellation of removal... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Was given expired medsfrom a pharmacy. Injected meds for 1 wk. Caused panic attack The company wants to compensate

The company asked me what do I feel would be a good amount of compensation for this. As of now nothing medically is wrong but I did have a panic attack and was hospitalized for 24 hours do to me panicking about taking expired medication.

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2017

Contact a member of the Illinois Trial Lawyers Association--they give free consults. You want to include the cost to your insurance or you of the treatment you received as they have a "right of subrogation."

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Can a Dr. order a laboratory test based on information that a CNA or MA gathered? Doctor never even saw patient

Lab test was to check for flu when clearly it was not the flu. Lab test came back negative for flu and cost patient $351 out of pocket.

Robert D. Kreisman
Robert D. Kreisman answered on Feb 16, 2017

The doctor's order may be acceptable medical practice given the report of the CNA and assistant. However, you shouldn't be reluctant about complaining to the hospital or doctor's office that the lab test order was unnecessary given your symptoms and question the the propriety of the bill.

2 Answers | Asked in Civil Litigation, Contracts, Health Care Law and Wrongful Death for Illinois on
Q: My mom passed away in a hospital and the day before, the hospital claimed she signed a DNR paper but I was her POA.

Wasn't I suppose to be informed? Can I sue for neglence if they felt like they did all they could do for my mother? I ordered a complete record of her file and the DNR paper is not there or my power of attorney papers not there neither. Do I have a case?

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2016

Unless they did something wrong, not necessarily. Many people give a power of attorney to others "just in case." that doesn't mean that whoever deals with them has to ask the person holding the POA if the person who gave it is right in front of them and looks to be in an understanding state of... Read more »

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1 Answer | Asked in Health Care Law for Illinois on
Q: I was seeing a couple for couple counseling.They are getting divorced and husband wants me to testify for child custody.

He paid for services but they both attended. He is also acting as his own lawyer. This will be a subpoena to attend and provide information. Am I breaking confidentiality if I honor subpoena.

Burton A. Padove
Burton A. Padove answered on Jul 20, 2011

If they both were in attendence confidentiality would not apply.

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