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Massachusetts Health Care Law Questions & Answers
3 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Massachusetts on
Q: Is there a "healthcare P.O.A" to designate someone to make medical decisions for you, if you are intact/alert?

I am 98.5 yrs old, visually impaired, and wish to have my daughter, who is a clinician make all medical decisions for me. I have executed a health care proxy and durable P.O.A., but they only are activated if I am unconscious or not intact mentally.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 26, 2017

MANY states require this be a 'springing' authority so that you have the 'final say' in any decision if you are capable of doing that. I'm not sure about MA but Michigan certainly does.

HOWEVER, if you are competent, you ALWAYS (in any state) have the option of...
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1 Answer | Asked in Civil Rights and Health Care Law for Massachusetts on
Q: Can reasonable accommodation include religious setting for school tutoring
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

As in requiring a public school to set up a special church for you to study in? No, that would violate the Establishment Clause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Q: Can a school release a students medical info without consent

School released educational and medical info of a student to an outside neurologist without parent or student consent

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Health Care Law for Massachusetts on
Q: This relates to a bill for a medical service that in my opinion was fraudulent and incompetent.

Here is my situation:

• I came to an orthopedic doctor complaining of pain in the heel of my foot

• Doctor said: "This is plantar fasciitis. Go to physical therapy. If it does not help, see me again and I do the X-ray."

The visit lasted 2 minutes; the doctor... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

You can certainly file a complaint with the state's medical board. If you don't pay, the doctor might send your case to collections and damage your credit, so take that into consideration. You may have to do a lot of legal fighting in court to sort this out with the doctor's office... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for Massachusetts on
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid

By my insurance co. They claim his billing co screwed up, he is trying to blame my pcp. Either way he says he will discharge me if i dont get it fixed or pay it myself (ins co says i have zero liability) i do not want to go see another dr, massachusetts has been tough on pain patients recently and... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 20, 2016

Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.

Find out from the insurance what...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Massachusetts on
Q: I have a question about a malpractice suit

He went to 195 canal st. malden,ma cambridge health alliance! He went there initially for anxiety and depression. He thought he was going to see a therapist, instead they gave him clonodine and gabapentin and they also wanted to give him serequal but he said he didnt want it. He wanted to see a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 25, 2016

The HIPAA violation is not insignificant but has no real remedy. The big question is did they take an adequate profile, did they schedule him for appropriate liver screenings on an appropriate time table, who prescirbed and under what conditions of information. I suggest you contact a member of the... View More

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