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Illinois Health Care Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Health Care Law for Illinois on
Q: I received a surprise invoice from a pathologist after a procedure at the dentist. Is there any way I can dispute?

I had a procedure done at the dentist. I asked several times what the full amount of costs would be ($900 all in!). They wanted my health insurance ID. I asked why, they said it's for the pathologist but it will be covered by insurance: no problems there. I confirmed this twice since I have an... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 23, 2021

An Illinois attorney would need to advise, since insurance practices are governed by state law. But your post remains open for three weeks. One option, before seeking meaningful input from a local attorney in the Chicago area could be to explore what the carrier could do. With surprise invoices,... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell answered on May 15, 2020

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

1 Answer | Asked in Health Care Law and Small Claims for Illinois on
Q: My father has life threatening health issues. His Dr told him he can't be treated 4 years ago can he go to court?

Dr told my father he should be dead by now and he can't treat him. And threatened him. Can he take him to court even though it happened years ago?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

I'm sorry for your father's ordeal. An Illinois attorney would need to answer this question, as it goes to the element of timeliness under the statute of limitations for filing a lawsuit, which is a state-specific element of procedural law. But your post remains open for three weeks. Four... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: I had a belly button hernia at work..Workman's Comp wants 10 years of medical/work history released to company&insurance

I have only worked at this company 1 year, and really don't work to share my medical history with company.

Richard K. Johnson
Richard K. Johnson answered on Mar 5, 2020

Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.

1 Answer | Asked in Estate Planning, Health Care Law, Insurance Bad Faith and Stockbroker Fraud for Illinois on
Q: What does Tod subject to STA Tod rules mean
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more... Read more »

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... 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... 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... 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.... 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... 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... Read more »

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