Get free answers to your Health Care Law legal questions from lawyers in your area.
I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More 
answered on Mar 12, 2025
I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More
I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More
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answered on Mar 11, 2025
I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
I thought I could just decide my rates but a billing specialist told me there are proper ways to figure out a sliding scale system so I was looking for some guidance on that.
answered on Feb 19, 2025
I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?
answered on Jan 9, 2025
NYS requires 6 yea retention of patient reocrds:
(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 8, 2025
I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 14, 2025
Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
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answered on Feb 3, 2025
I'm sorry to hear about the difficulties you are facing with your medical records and your health. Accessing medical records is an important step in addressing concerns related to a surgery, particularly if you believe medical negligence occurred.
Under New York Public Health Law §... View More
Hello,
I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More
answered on Feb 7, 2025
I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More
I have not been to this therapist or company in three years nor do I even live in the same state it’s in. Unsure if it’s a family member, or the company themselves scheduling the appointments.. as the company is known for only trying to get as many clients and as much money as possible. Can I... View More
answered on Dec 15, 2024
Yes, it's possible you could sue, or at least accomplish a cease and desist to the conduct. First try to learn what the situation is, whether it is on the part of the medical office or someone harassing you. In the meantime, until you are able to determine the source, monitor your monthly... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
answered on Dec 3, 2024
In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced,... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
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answered on Dec 2, 2024
I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.
Under the... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 11, 2024
Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/
That said, you cannot dictate to any medical provider how you should be treated -... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing in accessing the medical care you need. Dealing with a serious health condition like a symptomatic pseudomeningocele can be incredibly stressful. I hope the following information helps clarify your options.
Disclaimer:... View More
I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More
answered on Oct 19, 2024
I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More
I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More
answered on Oct 21, 2024
Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More
It's a form of misconduct and I am pretty sure someone walked past the house and took my picture with their phone that I didn't know
answered on Oct 4, 2024
It could depend on the policies of the agency and how aggressively they might handle such a situation. The employment law attorneys here would know this best (it's posted under "Health Care Law"), but you're awaiting a response for a week. Until you consult with an employment... View More
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
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answered on Jun 26, 2024
I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:
1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities... View More
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