Maryland Health Care Law Questions & Answers

Q: Does a doctor break any laws dating a former patient?

1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Medical Malpractice for Maryland on
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?

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Q: Received a subpoena for a copy of my personnel record from the Maryland SW Board. Do I have to comply? Do I have

1 Answer | Asked in Employment Law and Health Care Law for Maryland on
Answered on May 18, 2018
Mark Oakley's answer
Who served the subpoena? The Board? And they served your employer? The Board has authority to investigate licensed Social Workers under its jurisdiction, but it is subject to certain requirements and you have due process rights. You have the right to file an objection in court to a subpoena of your records, if you have a legal basis to do so, such as the Board exceeding its authority. Consult a lawyer in private about what concerns you may have and what steps you should take to protect yourself.

Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.

Q: I'm currently on comp would I need another lawyer to sue the employer for the severely sunken in scar on my foot due to

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on
Answered on Mar 13, 2018
Eric Todd Kirk's answer
You can't sue your employer. You may have a valid claim for malpractice, but only if another doctor is willing to state under oath that an act of medical negligence occurred. You should ask your current lawyer for a referral to a medical malpractice attorney.

Q: Can a health care power of attorney be used if the person is not incapacitated?

1 Answer | Asked in Health Care Law and Estate Planning for Maryland on
Answered on Feb 5, 2018
Cedulie Renee Laumann's answer
A health care power of attorney specifies when it comes into effect. While customarily people retain full power to make decisions until they lack the ability to do so, an advance directive and durable health care power of attorney can kick into effect whenever the planner dictates.

Q: How can I ensure that I'm getting the proper medical care?

1 Answer | Asked in Health Care Law for Maryland on
Answered on Jan 29, 2018
Cedulie Renee Laumann's answer
You may wish to re-post with a clearer legal component to the question. Patients are free to seek a second opinion from another medical provider if they have questions about any care offered by current providers.

Q: friends dad found out she is on birth control and hes going to tell her boyfriends parents. is this legal (privacy law)?

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on
Answered on Jan 12, 2018
Cedulie Renee Laumann's answer
Unless the concerned parent is a medical professional who learned the news in a professional capacity, talking with the parents of a child's boyfriend/girlfriend would not seem to violate any known privacy laws.

Q: How to transfer durable power of attorney for health care in Maryland?

1 Answer | Asked in Estate Planning, Health Care Law and Probate for Maryland on
Answered on Dec 26, 2017
Richard Sternberg's answer
If the substitute is naked in the PoA and the document allows it, you are already done. If not, simply re-execute the document while the grantor is competent. If it is more complicated than that, you need to consult with a lawyer. Of course, there is no law requiring others to accept the PoA, so, as the kids say, YMMV.

Q: I would like to know if I medical malpractice lawsuit against alpha health center,located in Elkton MD.

2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Jan 13, 2017
Paul D'Amore's answer
With regard to your medical records, Maryland health care providers are required to disclose medical records within a reasonable time, but no more than 21 working days after the date a person in interest requests the disclosure. A health care provider that knowingly and willfully refuses to disclose medical records in violation of Health-General Article § 4-309 (a)(d) is liable for actual damages, is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 for the...

Q: am I still liable for cancellation fees even know I have a doctors medical note stating I cant use a providers services?

1 Answer | Asked in Consumer Law and Health Care Law for Maryland on
Answered on Sep 22, 2016
Peter Munsing's answer
Depends on when you canceled. Another argument to make is that the doctor is busy so was able to use that time.

Each doctor has their own cancellation schedule. Some are 24 hour notice, some 72. If you were outside those times, shouldn't be an issue.

Q: Is there an actual federal code for informed consent for medical treatment unrelated to research?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Jul 20, 2016
Ronald V. Miller Jr.'s answer
Malpractice claims are almost always going to be controlled by state substantive law. Google "Maryland informed consent law" for Maryland law which differs from many other states.

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