Get free answers to your Health Care Law legal questions from lawyers in your area.
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.
I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... View More
answered on Apr 1, 2020
Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.
I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.
You should be held in high esteem and continue... View More
If a private hospital policy becomes no visitors at all for patients, can the patient be discharge without family coordination and participation? What can you do to stop a discharge?
answered on Mar 16, 2020
At this point, everything appears to be in a state of flux, with many facilities awaiting developments from Albany or Washington, DC. One option is to contact hospital social workers, who in many facilities are ordinarily involved in patient discharges, to ask if they are able to assist. Good luck... View More
Irrevocable trust was funded with assets 6 years ago.
In the matter of CDPAPvs. Zucker,10/11/19
in layman's terms, what was decided?
Does this decision affect the status of the PA as an independent contractor vs. an employee?
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answered on Jan 14, 2020
The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.
This had nothing to do with... View More
So she want to put every house she has under my daughter name how can she do it in the bx so nobody can try to sell the house
answered on Dec 22, 2019
I'm sorry for your difficult situation. Your question remains open in the Health Care category; you might have better chances of getting a meaningful response in the Real Estate category. You could try reposting there, or you could simply reach out to New York real estate lawyers on your own.... View More
My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen,... View More
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answered on Sep 12, 2019
If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... View More
I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants... View More
answered on Jun 6, 2019
See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.
Hello,
I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... View More
answered on May 15, 2019
Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... View More
Above is my phone number for more info
answered on Apr 26, 2019
you should ask the site to take your phone number down.
Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.
However if you mean impotence, it is very, very difficult to prove it came from the drug and not from... View More
My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... View More
answered on Apr 24, 2019
Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.
My aunt passed away. My sister was her health care proxy and wants to bury my aunt. My cousin want to cremate. Does my sister s?
answered on Feb 19, 2019
The health care proxy is not relevant to this question. A will governs, and if no will, next of kin governs. If your cousin is your aunt's daughter, she has the right to this issue.
I am conducting a research report on the patented product and need to find who would be the best expert witness on a hypothetical case wherein the product may be scrutinized in a medical malpractice case.
answered on Jan 9, 2019
The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions,... View More
My Husband got papers from work in December 6, 2018 from work it states:
He didn't sign for any papers.
The papers went directly sent to work only.
He was accused of sexual harassment in October 31 2017. He was suspended from work for 2 months and returned to work in... View More
I am not making much but enough to go out of medicaid can i open a c corp and get paid from the corp until the threshold and leave the rest in the corp?
answered on Dec 14, 2018
When you set up a corporation you have to pay yourself at least the average rate for your job in your area. So no it is likely that everything you make would need to be paid as income.
Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... View More
answered on Sep 18, 2018
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?
What does your doctor say?
What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims -... View More
My boyfriend meets the legal requirements to become my domestic partner and be added to my health insurance. We have never done it before because we are afraid that his defaulted student loans will become my liability. If I add him to my health insurance, can the student loan people come after my... View More
Basically if an employer is paying 100% of an employees insurance and then says that they are now only paying 50% without any sort of notice, is this accepted under precedented case law and Labor Law in NY?
answered on May 16, 2018
As long as it's across the board, everyone treated equally, no discrimination, an employer could even eliminate all paid vacations effective immediately. COBRA requires notices provided to employees, were health insurance completely eliminated, to allow employees to opt to continue the same... View More
We are a union shop. In 2015 we signed an agreement with our company to pay into our health care plan starting on 1/01/2016. The agreement was held without any action and was not ratified until 2/2018. Now the company is planning to retroactively charge us for healthcare premiums for the... View More
answered on Feb 28, 2018
Have you discussed this with your union authorities? Their legal counsel?
Have you contacted the National Labor Relations Board to inquire whether this might be an unfair labor practice by the union?
Have you reached out to private lawyers who will need to review and read ALL of the... View More
I was still in the psychosis I ended up being lost on the streets of the city where I was attacked and sexually assaulted eventually I was taken back to the hospital still in psychosis and kept for 8 days the hospital should never have released me in a psychosis which it was obvious I was in since... View More
answered on Feb 5, 2018
Maybe. Call a medical malpractice lawyer. If they take your case, it is free to you. If they do not, you may have no case.
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