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New York Health Care Law Questions & Answers
4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

James L. Arrasmith
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answered on Dec 22, 2023

If you've been a victim of assault and were treated in the ER, signing a HIPAA waiver form to assist in prosecuting the defendant can be an important step in the legal process. However, it's understandable to have concerns about privacy and the use of your medical information.

The...
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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

T. Augustus Claus
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answered on Dec 21, 2023

If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More

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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

James L. Arrasmith
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answered on Nov 23, 2023

In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.... View More

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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

T. Augustus Claus
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answered on Nov 22, 2023

if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More

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2 Answers | Asked in Health Care Law for New York on
Q: Hi. Hru? Can a hospital refuse visitation for a patient? And the patient can’t really communicate herself with staff

My girlfriend was admitted to the hospital with a very serious condition and she’s constantly complaining of pain which is very normal but doctors yesterday told me that they find it very strange and therefor won’t allow anyone from visiting her !

She needs me to be there for her and... View More

James L. Arrasmith
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answered on Nov 23, 2023

In New York, hospitals generally have policies regarding visitation, especially in cases involving serious medical conditions. These policies aim to ensure patient safety and proper care. However, a hospital's refusal to allow visitation can be concerning, particularly when a patient is unable... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
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answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

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1 Answer | Asked in Health Care Law for New York on
Q: is there any regulations on operating a mobile ultrasound screening business self-elective

I am a registered ultrasound technician and started my own mobile ultrasound company. I have physicians who I contract with that lease my services. I understand all the Medicare rules and regulations for that service, but I am looking into providing ultrasound screenings to corp wellness... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

Hello!

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

New York regulations may require that certain types of...
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1 Answer | Asked in Business Law, Health Care Law, Medical Malpractice and Small Claims for New York on
Q: Hello, I received a request for documents about a machine I sold to a spa owner?

Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More

Michael David Siegel
Michael David Siegel
answered on Sep 27, 2024

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

1 Answer | Asked in Health Care Law for New York on
Q: i am looking for case law for NEW YORK MENTAL HYGIENE LAW ARTICLE 81 PROCEEDINGS FOR THE APPOINTMENT OF A GUARDIAN FO
Jack Mevorach
Jack Mevorach
answered on Feb 24, 2024

You could purchase a book from a number of sources or hire a company to do the research for you, or both.

Jack

1 Answer | Asked in Health Care Law for New York on
Q: I have someone living with me. We are not married. She is about to become a ward of the state for mental health issues..

. Can the State come after my money or assets? Like using common law or anything crazy?

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

I'm sorry your question remains open for five weeks. One option might be to repost under Divorce, Family Law, and Public Benefits. Although your situation is obviously not a divorce, attorneys who practice in those areas would probably have the most insight about financial rights and duties... View More

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Health Care Law for New York on
Q: My landlord is closing on his home on 12/1/2023. I have COVID now since Thanksgiving, must I still move out by 11/30/23?

I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 26, 2023

Dear Manhattan Tenant

Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant...
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3 Answers | Asked in Health Care Law for New York on
Q: Can my doctors office withdraw me from care for going against medical advice?
T. Augustus Claus
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answered on Oct 20, 2023

In New York, a doctor's office generally has the right to withdraw a patient from care if the patient consistently goes against medical advice or engages in behavior that may jeopardize their health. However, there are ethical and legal considerations, and the doctor's decision should be... View More

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1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

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

Jacqueline A. Cara
Jacqueline A. Cara
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

4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

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.

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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