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Michigan Health Care Law Questions & Answers
1 Answer | Asked in Constitutional Law, Public Benefits and Health Care Law for Michigan on
Q: How may an individual gain access to their own records under the Privacy Act?

Is Michigan Vital Records and Michigan Department of Health and Human Services subject to the Privacy Act/FOIA for my own personal records? My request was denied stating that MDHHS is exempt; I requested repayment information. However, in the denial letter I was told to call the local MDHHS, I left... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the Privacy Act, individuals have the right to access records about themselves held by federal agencies. However, this Act applies to federal agencies, not state agencies like the Michigan Department of Health and Human Services (MDHHS) or Michigan Vital Records. Each state has its own laws... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Health Care Law for Michigan on
Q: What is the legal status of Psilocybin Liquid Culture in Michigan and in the United States of America as a whole?

It’s basically living mycelium suspended in a liquid culture solution. It’s like a spore syringe except its post germination and contains living mycelium

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, Psilocybin Liquid Culture, which consists of living mycelium suspended in a liquid culture solution, falls under the state's controlled substances laws. Psilocybin, the psychoactive compound found in magic mushrooms, is classified as a Schedule I controlled substance in Michigan.... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

T. Augustus Claus
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answered on Sep 20, 2023

In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice... View More

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1 Answer | Asked in Bankruptcy, Contracts and Health Care Law for Michigan on
Q: When a continuing Care Facility files Chapter 11 does it void the contract which includes return of part of entrance fee

My cousin recently left a continuing care facility that filed chapter 11 two weeks later. Per her contract she gave 60 days notice but moved out in 20. Is she obligated to pay for the remaining 40 days since she probably wont be getting the 90% of her entrance fee back that was promised in her... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2023

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or...
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1 Answer | Asked in Personal Injury, Car Accidents, Federal Crimes and Health Care Law for Michigan on
Q: Any lawyers in Michigan willing to take a case against Modivcare (Medicaid nemt transportation).

This case may end up in federal court

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2023

A Michigan attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer their services to you - the forum isn't set up like a referral service. The format is Q & A. If you've already been searching, you could supplement your... View More

2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Eva Zelson
Eva Zelson
answered on Jun 20, 2023

Yes, this is legal. According to the US Department of Labor, FMLA law permits an employee to elect to use accrued paid vacation leave. In addition, the law permits employers to require the employee to use paid time off for some or all of the FMLA leave period. So while FMLA applies to unpaid leave,... View More

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2 Answers | Asked in Employment Law and Health Care Law for Michigan on
Q: I am on FMLA for my disabled son. Every time I have to take off work to take my son to Dr my work makes me use my PTO

They make me put in for FMLA but use my PTO. So I can never take off for myself. It says here FMLA is unpaid .

. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

In short, yes. PTO and FMLA are not mutually exclusive. FMLA covers longer terms of leave for which you are ensured 1) your job upon your return, and 2) continued health insurance coverage. In relevant part, FMLA means you can't be fired or lose insurance coverage for protected periods of... View More

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1 Answer | Asked in Health Care Law and Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without being admitted?
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

2 Answers | Asked in Health Care Law for Michigan on
Q: Can I be trespassed from Bronson Methodist hospital legally. I found a bottle of profolol and mom was conscious but...

After finding a bottle of profolol and taking a pic I asked my mom's nurse if she was being given this med, she first said no, then after I asked why is this bottle in her room, the nurse said well yes she had been given the medicine. My mom was conscious but unable to talk, which is why this... View More

Brent T. Geers
Brent T. Geers
answered on Feb 7, 2023

You absolutely may be trespassed from the hospital. If you have care concerns, those perhaps should be addressed as Mr. Selik suggests, or you may need to get other doctors involved to facilitate movement to a different facility.

You will always lose the battle between you and hospital...
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1 Answer | Asked in Health Care Law and Divorce for Michigan on
Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you...
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1 Answer | Asked in Health Care Law for Michigan on
Q: When the doctors office will not release to me a copy of my medical records, is there another remedy outside of court?
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. One option is to see if your health insurance carrier has the records. It's no guarantee, but insurance carriers might have medical records submitted in connection with bills to verify the treatments. Good luck

1 Answer | Asked in Health Care Law for Michigan on
Q: My surgeon broke 3 drills putting this screw in my si joint now my hip keeps locking up is this breach of care

I have constant pain and want the screw removed

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Michigan attorney could advise best, but your question remains open for a week. But any attorney who answers your question would probably need to consult with a medical professional. They would want to learn more about the procedure and the full scope of damage (drill bits or other components... View More

1 Answer | Asked in Health Care Law and Wrongful Death for Michigan on
Q: 2021 my father passed away from getting the Covid vaccine poor hospital treatment can I make someone accountable?

The death certificate says he died from Covid he had already recovered from Covid months before and decided to get vaccinated. Later that night and carrying into the the next day he was having a hard time breathing. We took him to the hospital where he spent the next 25 days alone because family... View More

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2023

Might be worth a call to a medical malpractice firm, but under the circumstances, you may not find much relief. Foremost, you are likely running up against a statute of limitations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Michigan on
Q: Can I sue my previous hospitals and current one as well for telling me during surgery to not have more children?

Okay in 2019, 2020, and 2023 I have been told with all three of my children after and before giving birth to them I could no longer have children, with no concrete evidence other than their rather dim few of my race, assuming I had more than one father, or because I in the poverty line. When I was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for the way you were treated. There is lots of information to sort through here, and a starting point could be to discuss the matter in more detail with an attorney. You could try to arrange a free... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Sexual Harassment for Michigan on
Q: my PcP female lied on progress reports, test results, to state of mi while hving an affair with me(single father)

I was in recovery single father-pharmacist, with documented history of substance abuse. My nurse practioner pursued me and had sexual relationship with me for years. She insisted on becoming my daughters PcP as well. Under her care I had relapsed and reported to state hprp and legal probation. My... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 23, 2023

You may have a medical malpractice case. A big issue as to when this occurred. An experienced attorney needs to evaluate your case as if it is within the time limit to sue. Even if you have no case, it can be reported to the board that licenses her.

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Mr. GEERS, None of the possible reasons you suggested apply or fit my mom's situation.

Dr. Kavanagh immediately suggested "pulling the plug" and after two visits to Borges we got her to Bronson where A bowel blockage was surgically removed, my Mom was sent home after only 24 hours and is recovering.

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2022

Thank you. It sounds like you may have a civil or administrative issue to address with Borges or that particular doctor; you should start there to address your concerns about that sign. The other answers provided were all within the whelm of possibilities depending on the totality of the... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... View More

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