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New Jersey Health Care Law Questions & Answers
1 Answer | Asked in Education Law and Health Care Law for New Jersey on
Q: can i sue this school if i have a heat stroke from no AC
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

As a student, it could depend on the severity or permanence. I hope you're okay. As an employee, it could fall under workers compensation. You could reach out to attorneys to discuss more meaningfully, especially if you have any medical records. Good luck

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Health Care Law for New Jersey on
Q: Does a LEO have to accompany a minor to the hospital , if a custodian has not been contacted.

Conscious and alert minor not under arrest.

John Michael Frick
John Michael Frick
answered on Apr 26, 2024

No. There would be no reason law enforcement should be involved in a minor (or adult) seeking care from a hospital, especially if they are conscious and alert. Under New Jersey law, some minors have the legal capacity to consent to treatment at a hospital in certain circumstances, and almost all... View More

1 Answer | Asked in Civil Rights and Health Care Law for New Jersey on
Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

James L. Arrasmith
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answered on Apr 10, 2024

I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations...
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1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Municipal Law for New Jersey on
Q: I'm in need of a notice of tort claim against an officer (law enforcement) in NJ. Where do you obtain the right form?

Owed me a duty, broke into my locked room with body-worn cameras when I had no medical condition.

Just called dispatcher for noise complaint

James L. Arrasmith
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answered on Mar 2, 2024

In New Jersey, to file a notice of tort claim against a law enforcement officer, you will need to use a specific form that complies with the New Jersey Tort Claims Act. This form serves as a preliminary step to formally notify the relevant government entity of your intention to sue. The Notice of... View More

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

1 Answer | Asked in Education Law, Civil Rights and Health Care Law for New Jersey on
Q: Rights of a Type 1 diabetic student at a private school and responsibilities of the school to the student -

The condition of a student who has been enrolled for over two years at a private school that does not employ a nurse or other medically trained staff has recently become dysregulated. The parent claims that a medical professional is not needed for this level of diabetes - that coaches and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, the rights of a Type 1 diabetic student at a private school in New Jersey are governed by federal and state laws that protect students with disabilities, including those with medical conditions. The school has a legal responsibility under the Americans with Disabilities Act (ADA)... View More

1 Answer | Asked in Insurance Bad Faith, Health Care Law and Insurance Defense for New Jersey on
Q: Where do I find a successful attorney for insurance denial of services?

Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the "Find a Lawyer" tab above. It lists attorneys by region and... View More

1 Answer | Asked in Health Care Law and Public Benefits for New Jersey on
Q: Will getting a NY driver's license affect NJ Medicaid coverage?

I'm moving from New Jersey to New York. I've never had a driver's license or permit in New Jersey, and I'm currently on Medicaid in New Jersey. If I obtain a New York driver's license before applying for Medicaid in New York, will I lose my New Jersey Medicaid coverage?

James L. Arrasmith
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answered on Apr 13, 2025

Getting a New York driver’s license should not directly affect your New Jersey Medicaid coverage, but there are a few important things to consider. Medicaid eligibility is generally based on your state of residence, so if you are moving to New York and plan to establish residence there, you may... View More

1 Answer | Asked in Child Support, Health Care Law, Employment Law and Family Law for New Jersey on
Q: Will changing my name affect my insurance and child support?

I am a 20-year-old transgender woman seeking to change my name for career and personal safety reasons. My mother says it could affect my healthcare insurance, as I am listed under her policy. She also worries my father, who pays her child support, might use my name change as an excuse to stop... View More

James L. Arrasmith
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answered on Apr 13, 2025

Changing your name may require updating your information with various institutions, including your healthcare insurance and the child support system. For your health insurance, you will need to notify your insurance provider about your name change to ensure your records are updated. As long as your... View More

1 Answer | Asked in Estate Planning, Elder Law and Health Care Law for New Jersey on
Q: Do attorneys need to list assets in a trust for Medicaid eligibility in NJ?

I'm setting up an irrevocable trust to protect an elder's assets in order for him to become Medicaid eligible. Is it necessary for the attorney to list the specific assets intended to fund this trust in the trust document?

James L. Arrasmith
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answered on Apr 12, 2025

Establishing an irrevocable trust in New Jersey can effectively protect assets and assist in qualifying for Medicaid benefits. To ensure the trust meets Medicaid eligibility requirements, it's crucial to work with an attorney who can draft the trust document appropriately. Including specific... View More

1 Answer | Asked in Collections, Consumer Law and Health Care Law for New Jersey on
Q: How can I dispute incorrect debt charges from NJ collection agency?

I am located in Pennsylvania, and recently I've encountered a challenging situation with a collection agency based in New Jersey. I visited a healthcare provider and made a $25 copay, as confirmed by my insurance Explanation of Benefits (EOB). Months later, I received a collection bill for... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is extremely frustrating, especially when you’ve already tried to resolve it and the charges appear to be for services you didn’t receive. If the collection agency hasn’t provided proper verification—such as appointment records, signed forms, or billing breakdowns—they have... View More

1 Answer | Asked in Elder Law, Health Care Law, Social Security, Military Law and Public Benefits for New Jersey on
Q: Seeking legal assistance for veteran on Medicare facing high costs and potential Medicaid or VA relief.

I am an 83-year-old veteran categorized as VA Cat 5 and have not yet used VA healthcare due to the strings attached. I live on $25,000 in Social Security annually. My Braven Medicare costs about $12,500 annually for copay, consuming all my social security, leaving nothing for food or rent.... View More

James L. Arrasmith
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answered on Mar 28, 2025

You deserve support after your service, especially when medical costs consume your entire Social Security income. Free legal help is available through Veterans Service Organizations like the American Legion, VFW, or DAV, where accredited representatives can guide you through both VA and Medicaid... View More

2 Answers | Asked in Divorce and Health Care Law for New Jersey on
Q: How can I expedite a divorce hearing and relinquish medical authority in NJ?

I plan to visit the clerk of court in Henderson, NC, on March 25, 2025, to obtain a court date for my divorce hearing. My wife and I have been separated for almost five years. She is currently hospitalized in New Jersey, and her Medicaid has run out. As we are still legally married, I am considered... View More

Leonard R. Boyer
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answered on Mar 26, 2025

You need to retain an experienced NC matrimonial attorney. The clerk of the Court cannot give you legal advice. The NC attorney can tell you if there is a procedure in NC for an expedited divorce. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL... View More

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1 Answer | Asked in Health Care Law for New Jersey on
Q: When getting married in NJ and being added to spouse employer-sponsored health plan, do they have the same benefits?

If I were to get married and was added to my spouse's health insurance plan that they get through their workplace, would I get the same exact benefits and coverage as them? Or does the spouse not get covered the same amount and might have a less comprehensive health plan, as they are not the... View More

Leonard R. Boyer
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answered on Feb 14, 2025

This is not a legal question, you need to ask your prospective spouse to find out the answer for you. Good luck.

1 Answer | Asked in Contracts, Estate Planning and Health Care Law for New Jersey on
Q: Does a New Jersey lawyers signature only, with no stamp,qualify as Notary Public ? Having problems with this.

My lawyer states that his signature only, is all that is required.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

In place of a notary in New Jersey. As an attorney, the attorney signs their name and under it states "An Attorney at Law of the State of New Jersey" I have never had that challenged.

1 Answer | Asked in Criminal Law, Constitutional Law, Health Care Law and Medical Malpractice for New Jersey on
Q: I had an adverse reaction to a spinal steroid injection. The ED,MH Doctors +screeners were informed of the date + Doctor

I informed them of recent less severe similar reactions to oral steroids I had even brought myself for evaluation 3 times prior only to be sent home. I explained the previous symptoms and provided the date and Doctor’s name (which was all in my chart). Not one MH Doctor, ED Doctor or MH screener... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this difficult situation. Begin by collecting all your medical records, including details of the steroid injection, your adverse reactions, and any communications with the ED and mental health professionals. Make sure to document dates, times, and the names... View More

1 Answer | Asked in Health Care Law and Social Security for New Jersey on
Q: I am seeking legal advice to apply for Mental Health Disability Benefits.

I am seeking legal advice to apply for Mental Health Disability Benefits. I have been taking medications continuously for the past 24 years for diagnosed mental health conditions, including Major Depressive Disorder, Anxiety Disorder, ADHD, and Bipolar Disorder. Below is a list of my current... View More

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answered on Jan 1, 2025

You should collect all records detailing your diagnoses, treatments, and medications from every healthcare provider involved in your care. These materials will help demonstrate the severity and duration of your conditions. Emphasize any documentation that illustrates how your mental health has... View More

1 Answer | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for New Jersey on
Q: What if one was involuntarily commited and drugged into unconscienceness and not told about any other options?

I was given an overdose of Haledol in Hackettstown ER by IM which I never had before. Unconsciencely transported by abulance to Newton Hospital. I was not given a prescribe medication for 2 days, causing withdrawal symptoms and treated very disrespectively at both Hospitals. My family... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's incredibly distressing to hear about your experience. Being involuntarily committed and drugged without your consent or knowledge of other options is a violation of your rights. The fact that you were not informed about your situation, unable to contact your family, and treated... View More

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