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Maryland Health Care Law Questions & Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on

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

Is there any legally required wait period?

Cedulie Renee Laumann answered on Dec 27, 2018

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... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on

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

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »

Ronald V. Miller Jr. answered on Mar 30, 2018

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.

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Maryland on

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

3 operations would it be a malpractice against the doctor or pain and suffering against my employer. Comp is also refusing to treat me with any meds that work . Refusing pain management . My lawyer said he can't answer these questions due to he only handles the comp side of things . Please contact... Read more »

Eric Todd Kirk answered on Mar 13, 2018

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.

1 Answer | Asked in Health Care Law and Estate Planning for Maryland on

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

I am mentally ill and I am worried that someday I might seem to others capable of managing my medical care when I'm really not able. Is there a document where my husband can override me and coordinate my care when he knows I'm not capable but there's no time to prove it?

Cedulie Renee Laumann answered on Feb 5, 2018

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.

1 Answer | Asked in Health Care Law for Maryland on

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

Cedulie Renee Laumann answered on Jan 29, 2018

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.

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on

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

her parents are divorced and her mom got her the prescription without her dads knowing, her dads new wife found the pills and told her dad. her dad is threatening to tell her boyfriends parents because he wants them to know their son is sexually active. her mom has told him not to do this. if he... Read more »

Cedulie Renee Laumann answered on Jan 12, 2018

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.

1 Answer | Asked in Estate Planning, Health Care Law and Probate for Maryland on

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

What is the process to transfer POA from current agent to an alternate agent (also listed in POA document) if the principal is incapacitated?

Richard Sternberg answered on Dec 26, 2017

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,... Read more »

2 Answers | Asked in Health Care Law and Medical Malpractice for Maryland on

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

I was recieving treatment for substance abuse issues during the summer of 2015,I was prescribed buprenorphine from DR azfeld,I was transfered to DR keith sololov due to sceduling conflicts. I saw dr sokolov only one time,on my next visit I was terminated from treatment with no just cause,they said... Read more »

Paul D'Amore answered on Jan 13, 2017

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... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Maryland on

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

Peter N. Munsing answered on Sep 22, 2016

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on

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

Ronald V. Miller Jr. answered on Jul 20, 2016

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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