My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

answered on Aug 14, 2023
In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.

answered on Aug 8, 2023
Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.

answered on Aug 8, 2023
Addendum - an attorney who is handling your matter could offer more definitive and meaningful guidance, based on reviewing the specific laws and health insurance policy, rather than general responses to a brief post on a public forum. Good luck
Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

answered on Jul 28, 2023
Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More
I was harassed by a doctor, filed an complaint internally. An investigation was done and I was blocked from using the portal. I no longer have access to my portal emails to and from doctors and staff. Are these part of my medical record? Can I request copies of them? Is there a way to regain access... View More

answered on Jun 2, 2023
Hard to say. Medical records maintained by a physician / hospital are oftentimes kept separate and apart from messages generated on the patient portal. And a medical records department might not even have access to them. That said, the messages contained within the patient portal would arguably... View More
I live in New York, I work in a large company with more than 100 employees,
I was diagnosed infertility, so I am eligible for fertility treatment under New York new law, I call my insurance company , they do not care this law,
then I call my company HR department, they do not care... View More

answered on Apr 28, 2023
One option might be to research health care attorneys. In addition to your own searches, you could look into the attorney referral sections of state and local bar associations. Also, there is a tab above, "Find a Lawyer," that lists attorneys by areas of practice and region. It's... View More
What payment structure does an attorney use for a balance billing case in New York by an in-network provider?
In network provider balance billed me though insurance EOB shows $0 owed as their claim from 2021 was discounted to $0. Provider's billing company refused to resubmit their... View More

answered on Apr 24, 2023
Attorneys who handle medical billing disputes apply various fee arrangements, depending on the type of insurance (no-fault, private, etc.), volume of claims (in terms of whether it's a high-volume institutional client, such as a large medical office or single-transaction individuals),... View More
I want to go to nursing school or am I not allowed to have nursing license in ny state

answered on Feb 26, 2023
This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

answered on Jan 10, 2023
Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... View More
Hello - I got served with a summons and complaint for a medical bill that a hospital ended up suing me for not paying. I am not sure what the charge is for. I don’t know if I can call the hospital? Or the lawyers office that is suing me? I don’t know if the hospital sold my info to a... View More

answered on Dec 2, 2022
You need to demand verification of the debt, examine the accounting of the debt, and prepare and file your answer to the complaint, containing all of your defenses. Federal law also protects you from false or abusive medical debt collections under the FDCPA. By ignoring it, you risk a default... View More
Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

answered on Nov 23, 2022
You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More
I know I will die if I refuse. But after prolonged illness, I am ready to die.

answered on Nov 6, 2022
I'm sorry for your painful situation. As attorneys, we can't make determinations of mental illness. That requires a diagnosis from a mental health professional. If you stopped me on the street to ask this, I could only say that I believe it comes from someone highly intelligent who could... View More
Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... View More

answered on Oct 5, 2022
I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... View More
Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... View More

answered on Jun 22, 2022
I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... View More
Pt "A" contacted me today and stated that pt "B" stole her controlled meds (while they were in a shared medical transportation cab). Apparently, "B" admitted to her that he did indeed take them. Pt "A", further reports that in the past, "B" has... View More
I check at my doctor's office and a law firm looked at my medical records without my approval.

answered on Mar 12, 2023
An entity would usually need to present a HIPAA authorization to see the records. Good luck
If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

answered on Dec 14, 2022
It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck
I am in a domestic partnership registered through the City of New York. I would like to be on my partner's health insurance policy. We would like to know that if I were to get sick, is she responsible for paying my remaining bill should something not be covered by insurance and I am unable to... View More
Hello
I’ve been an anesthesia technician for 19 years(traveler since 2011). I was on assignment in nyc at Harlem Hospital(April 2021-September 2021) & had been extended(asked to renew my contract to stay on to keep working) 3 times(I accepted). I was asked to extend a 4th time right... View More

answered on Apr 2, 2022
I'm sorry your question remains open for a week. At this point, you could repost your question under the Employment Law category. You are correct about this matter being related to health care law, but an employment law attorney would probably have the strongest insight here about your rights.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.