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Kentucky Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Medical Malpractice and Small Claims for Kentucky on
Q: My almost 5 year old has tongue tie which has caused plenty of speech problems and 2 years of a iep and more

She was in and out of the hospital from birth to 6 months the doctors said she was not gaining weight even thoe she was fed every 2 hours. I had the doctors cause so many problems to the point that cps was called everything was unfounded but it's still the point of everything that has happened... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 8, 2021

A Kentucky attorney could advise best, but your post remains open for five weeks. There wasn't a question included in your post, but it seems fairly clear that you're wondering about your legal rights relating to your infant's medical care. One option here would be to reach out to... Read more »

1 Answer | Asked in Health Care Law for Kentucky on
Q: hopkinsville ky. is it against the law to withhold medication that was prescribed to your kid under 18 for mental illnes

mental illnesses like depression,anxiety, and insomnia. is it legal to not allow a kid under 18 to take their meds even when the were prescribed to then because of these illnesses.

Timothy Denison
Timothy Denison answered on Apr 24, 2021

Yes. It could also. R the basis of a dependency, neglect snd abuse civil case.

1 Answer | Asked in Car Accidents and Health Care Law for Kentucky on
Q: Please help!! According to “NBC” I have a very rare situation on my hands and am concerned for my future health.

The pharmacist I use denied to fill my rx because she did not feel “comfortable” filling it and told me to have it transferred to another pharmacy. Because it was a new rx I would need to call my doctor to have them call it into a new pharmacy. Before calling my doctor I called another pharmacy... Read more »

Timothy Denison
Timothy Denison answered on Jan 28, 2021

It appears that there is no recourse against either the pharmacist or the doctor.

1 Answer | Asked in Consumer Law, Criminal Law, Health Care Law and Medical Malpractice for Kentucky on
Q: Tier 1 hospital billing as tier 2

I am a baptist health employee, I have the premier health plan through baptist which I pay the premium on. I am having surgery at this hospital, which is baptist owned. I was called with my estimate, it is double my tier 1 out of pocket max. After contacting the insurance company, I found out that... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 17, 2021

I don’t immediately see any criminal law issues for your question. That sounds like a health insurance billing issue. You could try contacting someone with the Department of insurance In your home state.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: Child attempted suicide after notifying multiple counselors and social workers of his intent. Was it a near fatality?

When my husband was 16 and was dealing with a very chaotic family life which caused his severe depression, his caregiver put him in a mental hospital where he was told to notify staff of any suicidal thoughts. Prior to and on the day of the discharge, he repeatedly told the staff that he... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

The statute of limitations is one year from date of incident. Statute has long since run.

1 Answer | Asked in Family Law, Child Custody and Health Care Law for Kentucky on
Q: Can anything be done if a child's medical needs were not met by his caregiver?

My husband's mother sent him off to live with his extended family in KY when he was 14. He is now 30. We believe his mother signed a power of attorney granting her sister (my husband's aunt) the ability to make decisions related to her son, and guardianship was never officially... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Likely not after all this time, no.

2 Answers | Asked in Employment Discrimination, Employment Law and Health Care Law for Kentucky on
Q: Possible wrongful termination question. Terminated while on leave with Doctor’s note.

I was removed short term from work August 2019 due to surgery. After surgery I had complications still and the dr felt I needed to be seen by another surgeon of his choice for a second opinion. The surgeon filled the required paperwork out and sent it to my short term disability company. They... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 22, 2020

More information is needed to determine if you should have been eligible for job protection under the Family Medical Leave Act or eligible for an accommodation in the form of continued medical leave under the Americans with Disabilities Act. You should contact an employment attorney to discuss... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Kentucky on
Q: I fear that the dentist I work for is trying to have me fired and may go after my license. What recourse do I have?

I work for a corporate dental practice and the new office I transferred to has not been welcoming and the dentist has been very rude to me and has been trying to make me very uncomfortable so that I will quit. None of this has been overtly done but very passive aggressive. Now he has amplified by... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

Document everything they do/you do. Follow all rules and guidelines implicitly and don’t cut corners. They don’t need a reason to fire you as KY is an employment at will state. If they’re going to fire you, nothing you can do to prevent it beforehand but consult an attorney immediatelt... Read more »

1 Answer | Asked in Civil Litigation, Medical Malpractice, Criminal Law and Health Care Law for Kentucky on
Q: How can I make my doctors office amend my medical chart?

I have repeatedly asked for an incorrect diagnosis to be corrected in my chart and the doctors office is ignoring me. I even filed a complaint with the Office for Civil Rights and the doctors office has still not responded to me. Can I get a court order or get an attorney help me and possibly get... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2019

You’ll need an attorney to help you bc you will probably have to file suit. It is doubtful that you will get them to pay your attorney fees.

1 Answer | Asked in Consumer Law and Health Care Law for Kentucky on
Q: A hospital over charged me for lab work and won't send a refund or return my calls. What can I do?

I was given the option to pay for lab work at the time of service on two occasions. The hospital employee told me she would calculate my portion of the bill based on my insurance provider. She did not account for the significant discount agreement between the hospital and my insurance company, and... Read more »

Timothy Denison
Timothy Denison answered on Jul 18, 2019

Sue them in small claims court.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: What is the latest date a party can submit a motion in limine?

A case is going to trial in less than three weeks, and one party filed many motions in limine after the judge's calendar deadline. Is this allowed under CR 16, and is there an argument to be made that the other party is trying to waste the replying parties time? Any case law or direction would... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.

1 Answer | Asked in Health Care Law for Kentucky on
Q: Can an adult be forced to a mental hospital?

What laws protect the individual from being forced to a mental hospital?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 6, 2015

Yes. It depends upon the facts. It usually requires a determination of compentency.

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