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Missouri Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
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answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I'm trying to file a malpractice suit and i dont know where to start
Tim Akpinar
Tim Akpinar
answered on Mar 28, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. Given the basic format of this question and answer board, it could be difficult for an attorney to meaningfully advise you. You could reach out to med mal law firms in your area. Most firms that handle such cases offer... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: Heart attack confirmed, no intervention by hospital staff for 45 minutes waiting for Covid test

Two stents in heart, one in leg. They would not let me say goodbye to my mother, I thought I was going to die because I had to lay there so long with no intervention until my Covid test came back, which was negative. All they did was give me some pain medicine, they knew I was having a heart... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 18, 2021

I am sorry that you received such poor care. You didn't ask any legal question, however.

1 Answer | Asked in Health Care Law for Missouri on
Q: I am an amputee with ongoing infection in my stomp I was recently sent to get an MRI and Medicaid refused it

I am currently in risk of having my lower limb cut above the knee. In the past when I've had infection I was able to get x-rays CAT scans and MRIs with no problem but this time they said since I didn't have a fever they denied me. Do I have a claim against Medicaid can I sue them for not... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2020

A Missouri attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal and frustration in obtaining vital medical care. If your denial is based on medical necessity, your primary care provider or the specialist who referred you for the MRI should be able to... View More

1 Answer | Asked in Health Care Law, Consumer Law and Collections for Missouri on
Q: What is the statute of limitations for when a hospital presents a bill for services rendered which must be paid?

The service was performed in August of 2017 and the first time I ever saw a bill was November of 2019. I assumed (and forgot) that insurance covered it and it was a done. When the bill showed up, I first asked for an explanation of benefits as well as the excuse for only seeing it 27 months later... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 21, 2020

You are mistaken. The statute of limitations is at least 5 years. It is 10 years on a written promise to pay money.

What actions within five years.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those...
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1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Missouri on
Q: I am being sued for a medical debt. The account number on the contract for the hospital and the bill from the hospital.

The account number is missing 2 numbers. Example: contract signed at hospital. J1234567. Account number on bills they sent me after service have J001234567. The 2 account numbers don't fully match. Can I use that to get the case dismissed?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 29, 2020

I hope you have a better defense than that one because it doesn’t sound like a winner.

1 Answer | Asked in Health Care Law for Missouri on
Q: Have bedbug infestation landlord won't do nothing

Landlord has known about this and didn't notify no one or do nothing but evict when ask about it

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2020

You could repost your question under the Landlord-Tenant section. There's no guarantee that all questions are answered, but your question remains open for a month and would have better chances of being seen by an attorney who could offer input there. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Wrongful Death for Missouri on
Q: What is the standard of care for nurses taking and recording accurate vitals, specifically oxygen levels?

My grandma had known copd and was just recently diagnosed with lung cancer. We were looking at a few years left with her. At her doctor appointment on monday the nurse took her vitals but spent an unusually long amount if time trying to change her oxygen level reading. Before she stood in front of... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2020

Contact a member of the Mo. Assn for Justice/Mo. Trial Lawyers assn that handles medical negligence cases. The problem is that a person that is bringing a case has to show that but for the mistake the person who died would have lived. That is sometimes very difficult, especially if the person has... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: Can a hospital knowing withhold information from a Patient if they do a test and find out that surgical equipment

Surgical equipment left in the body

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2019

They have an obligation to disclose that information; request a copy of your medical records. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Civil Rights, Health Care Law and Landlord - Tenant for Missouri on
Q: Floors have holes and mold everywhere and bugs landlord won't fix and taken us to court over rent we have 5 kids

Big hole in kitchen where my 23month old twins fell in to floor

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 12, 2019

You didn't ask a question, but if you want to know what to do, the answer is to meet with an attorney knowledgeable with landlord tenant law. Most importantly, don't ignore the suit or a default judgment will likely be taken against you.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: i had a turp procedure and the hospital put the IPC bags on my legs but had no pump available. 10 days later a blood clt

they didn't do all they could to prevent the clots do i have a legal case

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Missouri on
Q: I owe $7000 in medical debt. We agreed to a 3 year payment, $208 a month. If I only pay them $10 a month, can they sue?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 3, 2018

Yes. If you breach your agreement they can sue and probably will.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

This is a case of breach of confidentiality between a counselor/therapist and patient, where the breach has and will continue to affect the patient emotionally for not only as long as the patient lives at her current address, but forevermore due to the entire nature of the breach. There is solid... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 13, 2018

Generally no, because there is no remedy for most breaches of confidentiality. Contact a member of the Mo. Assn for Justice as they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: can you sue hospital for not verifying POA and allowing someone other than POA 2 make medical decisions on my moms behal

my mom was admitted into hospital with pneumonia, a family member ( a cousin) not responsible for moms care sign a paper in the hospital that states that she was the one to contact in regards to making my moms medical decisions. This person had my mom listed as a no code -DNR . hospital added this... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Depends on the outcome. Review the situation with a member of the Mo. Assn for Justice who handles medical issues--they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I have dropfoot & nerve pain in foot/leg since 6/'15, which wasn't fixed surgically, due to no wk/end staff doing MRI's

My surgery was delayed over the weekend, (MRI staffing is not on duty on weekends unless brought in on "emergencies"), and an additional delay of about 8 hours, because of being allowed a meal right before being told I would need to have surgery on my back right away to try to fix the... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

Contact a member of the Mo. Assn of Trial Attorneys who handles malpractice cases. They give free consults.

An issue would be what happened before--it's rare to develop immediate dropfoot. Much will also depend on what the ER records say. Separate from the lawsuit bus., make sure you...
View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: Can u sue a doctor for getting cellulitis after getting shots

Had. To go to hospital

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2016

No. First, very difficult to show it was from the way they gave the shot. Cellulitis can come from many events. You can get it after poison ivy, for instance. Second, malpractice cases extremely expensive and liklihood you'd get an award greater than cost very small. But as you had a worse... View More

1 Answer | Asked in Social Security, Health Care Law and Public Benefits for Missouri on
Q: my wife is on disability social security but why does she have to wait 18 mths to get medicare ins
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

A weirdness in the law that no Congress has bothered to cure. If you think it stinks, join those advocating for a change.

http://www.medicarerights.org/pdf/two_year_waiting_period_fact_sheet.pdf In the meantime, she should be eligible for

medical assistance.

1 Answer | Asked in Medical Malpractice, Health Care Law and Juvenile Law for Missouri on
Q: Does a mature minor (not 18) have a right to withhold medical info from a legal guardian in Missouri? Please cite.
Peter N. Munsing
Peter N. Munsing
answered on Jul 23, 2016

Depends on the age, whether the person is an emancipated minor. Bigger issue is how to handle it on a relational/person to person level. I'm assuming the guardian is appointed or a stepparent. Starting a war over information means you can win the war but the battlefield is a mess. I suggest... View More

1 Answer | Asked in Health Care Law for Missouri on
Q: Can the LS Police Dept. override an affidavit signed and notorized for commitment for mental health treatment

My son tried to commit suicide in Pleasant Hill. The police chief brought in an ambulance and wanted him sent to Truman East. He was sent to LS Hospital. I signed an affidavit saying he was a danger to me and himself. It was notarized. When I left hospital at 9:00 they were waiting to hear... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 10, 2015

Yes, what you signed is just an affidavit, you have to do much more than that. Go see a local lawyer about getting him admitted to a mental health facility.

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