I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... View More 
answered on Feb 17, 2021
Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... View More
Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?
answered on Feb 10, 2021
Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.
When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,... View More
My Fiance back in October was rushed into the hospital for sever appendicitis. The doctor told my Fiance she needs to wait a couple months before getting the appendix removed. We asked if waiting will cause any complications. He said no just that you are prone to appendicitis now. We just moved to... View More
answered on Jan 29, 2021
I'm sorry for you and your fiancé's ordeal. Given the basic and general format of this Q & A board, it would be difficult for an attorney to advise meaningfully, as this is a complex matter that would involve a file review and opinions from medical professionals. You could reach out... View More
All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.
answered on Dec 7, 2020
I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... View More
My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2020
To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... View More
This was when we were on a trip to new Jersey. My toddler kid who can't even speak had a nursemaids elbow (elbow dislocation). The emergency doctor did not even touch her to see what's wrong, ordered x-ray of the shoulder and that too the wrong shoulder and said everything is ok. The kid... View More
answered on Nov 11, 2020
I'm sorry for your ordeal with your child's elbow dislocation. This does not appear to be something on which an attorney could readily offer a quick "yes" or "no" answer. Although you say the hospital did not do the right thing, it is possible that their version of the... View More
Have been searching on NYS ASSEMBLY and NYS government sites Is there an easier way?
answered on Nov 4, 2020
It looks like you already tried the New York Senate site under Laws of New York/Consolidated Laws. There is a section here on the Justia site - you may need to verify with Albany or other sources on your own as to whether the provisions are the latest, as they say 2019.... View More
answered on Oct 13, 2020
As a general matter, an entity would need an authorization signed by you to obtain your medical records. You mention disability. If there is a pending disability claim, medical authorizations could materialize in the course of the application process for benefits. Another explanation, which an... View More
6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.
answered on Oct 13, 2020
I'm sorry for your mom's ordeal. This is something that calls for a medical opinion. If a physician was asked to make such a determination, it's likely that they would want to know more about the medical history. You could reach out to med mal attorneys. If a law firm felt there was... View More
The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... View More
answered on Oct 5, 2020
Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck
Tim Akpinar
My father told me of both situations I discussed my being mad about not getting notified yet again. Called this morning and my father had been moved to a different part of hospital and wasn't informed that either
answered on Sep 23, 2020
I'm sorry for your ordeal. If you reach out to attorneys to discuss this in greater detail, a primary question that will arise is whether your father was injured. I hope your father did not sustain injury, but how an attorney proceeds with such a matter could hinge largely on that. Good luck... View More
answered on Sep 20, 2020
It would depend on what was said and what the harm was. If it involved medical instructions that resulted in physical harm in the form of injury or illness, it could possibly give rise to damages. Good luck
Tim Akpinar
I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... View More
answered on Sep 15, 2020
The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... View More
I’m enrolled in a vet tech program in nys and they are requiring that each student gets the rabies vaccine in order to get clinical experience.
answered on Sep 15, 2020
I am not certain of case law on the issue, but a private academic institution could assert that it has a legitimate basis for mandating the vaccine due to health and safety issues. Good luck
Tim Akpinar
The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2020
Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
answered on Jul 8, 2020
I would say that the doctor patient privilege will withstand any other obligation to report, absent the planning of a future major crime. So NO.
I was just release the hospital do not have all the equipment to test and see what is going on I ended up back into the er and ask to transfer me to a different hospital base on that factor. The er doctor agree there something more wrong with me. And that they did not have to equipment to help me.... View More
answered on May 30, 2020
The Emergency Medical Treatment and Labor Act, commonly known as EMTALA requires anyone coming to an emergency room to be treated regardless of ability to pay. EMTALA requires the hospital to treat and stabilize you. If the patient has been stabilized the hospital is permitted to discharge the... View More
My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... View More
answered on May 18, 2020
Unfortunately, all medical offices will collect all co-payments where due. But most do not like to present patients with surprise bills. She could ask them if they would consider installment payments or some sort of deferment plan to reduce the financial shock. It looks like your mom in good faith... View More
My bathroom ceiling is dripping meriatic acid due to an upstairs neighbor pouring it down the drains. The entire apartment filled with smoke due to the chemical reaction when in contact with metal. What is the protocol for a situation like this? Is it the landlords responsibility to provide us with... View More
answered on May 13, 2020
Your landlord should fix the issue. Your first step should be to let your landlord know so they can fix it.
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.
