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North Carolina Health Care Law Questions & Answers
1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Health Care Law for North Carolina on
Q: How do I exempt my newborn from vaccines in North Carolina?
Amanda Bowden Houser
Amanda Bowden Houser answered on May 20, 2020

You can't. At least not legally, as you do not have the authority. However, North Carolina law provides two methods of exemption: 1) if a licensed doctor determines a particular vaccination will be detrimental to the health of the child (obviously this very rarely happens) or 2) if the... Read more »

1 Answer | Asked in Health Care Law and Personal Injury for North Carolina on
Q: Can I sue a hospital for abuse of patient family?

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Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 12, 2020

Telling you that you can not come in is not 'abuse' and if she is your girlfriend - you are not 'family'. Even if you were family - the hospital likely has a right to exclude you if they deem it prudent (especially now due to the virus situation). They very likely told you... Read more »

1 Answer | Asked in Collections and Health Care Law for North Carolina on
Q: Can a Hospital give (sell) my debt to the Bank they have been sending my payments? Thank you.

They did this; if I want to continue paying the Hospital I have to pay twice as much more to cancel the debt by the end of this year. I am going to be 65 y/o in March. I have never missed a payment! Please advice! Thank you!

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

Unfortunately, such practices are not that uncommon in terms of selling debts to new entities. You say you are 65. If, as a retiree, you meet their financial guidelines, contact Legal Aid of North Carolina to ask them if they could help you. Good luck

Tim Akpinar

1 Answer | Asked in Child Support, Family Law and Health Care Law for North Carolina on
Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 3, 2020

You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used... Read more »

1 Answer | Asked in Civil Litigation and Health Care Law for North Carolina on
Q: Can I sue my oxygen company for their treatment of me which caused me to suffer health problems?

I have emphysema and my oxygen supplier company decided to switch me to another company and they worked with the other company and did not notify me of the switch until all was settled and then they notified me that the new company would come out the day they notified me and switch me from liquid... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

This could turn into a complex lawsuit, both for the relationships between the multiple parties and for the technical attributes of the equipment. You say you want to discuss it with a lawyer in Henderson or Durham. This isn't really a lawyer referral service here; it's only a Q & A... Read more »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Q: so i have been wondering i am 16 may 24th 2003 i want to move out of my parents house because i dont feel happy or safe

we want to make sure its legal and that i can move out tonight because i dont wanna be brought back i think if i stay there i will finally become happier do more things and more.

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 13, 2020

If you were 16 on May 24, 2003 that means you are like 32 - so yeah, get outta yer moms house.

1 Answer | Asked in Divorce, Family Law, Health Care Law and Insurance Defense for North Carolina on
Q: Wife and I are separated. Her employer had open enrollment for insurance. Do I have to carry her on my ins. still?

North Carolina. We have a child together and I will be carrying him on my insurance.

Adam Bull
Adam Bull answered on Nov 21, 2019

Generally yes, until there is a divorce decree or other court order addressing the issue.

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Q: If the ER didn’t inform me of, or treat me for, a medical condition I have do I have legal grounds to sue the hospital?

I was taken to the emergency room by ambulance a few days ago after going to urgent care with extreme abdominal/lower abdominal pain and intense vomiting. After 6 1/2 hours with no IV, no fluids, a CT scan, and an ultrasound; I was told that there were abnormalities in my left ovaries and fluid in... Read more »

Denise Anderson
Denise Anderson answered on May 19, 2019

A person can have legal grounds to sue the hospital, but the important factor is whether the lawsuit will be successful. Based on the facts you provided you would likely not be successful against the hospital because the symptoms you outlined do not rise to adequate damages for a successful claim.... Read more »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Q: State of NC here, Quit my job to take care of father in law can I charge & invoice family for my services?
Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 30, 2019

Yes, you can but they have no obligation to pay you unless they agreed to do so.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... Read more »

Kirk Angel
Kirk Angel answered on Jul 11, 2018

If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.

In general, just talking to you about resigning or even encouraging you...
Read more »

1 Answer | Asked in Family Law, Consumer Law and Health Care Law for North Carolina on
Q: my boyfriend ordered a DNA test online and we later found out it was a scam and they falsified results

a doctor signed the results can they get in legal trouble

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 2, 2017

Sure if you can prove it and have the funds to locate and undertake a suit against them and / or can find some group or agency willing to go after them in a civil and / or criminal capacity on your behalf. Best of luck.

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: I work for a Hospital. They require me to get my Notary and sign and notarize involuntary commitment papers on patients.

I do not feel comfortable having my signature or a Notary stamp on involuntary committed patients because your Notary is public information and this could come back to haunt/hurt me.

Kirk Angel
Kirk Angel answered on May 22, 2017

The law in this state is clear that you cannot be forced to sign or notarize those papers. The law is also clear that your employer can fire you if you refuse to sign or notarize. It is a tough situation, but you must decide whether you want to keep your job.

1 Answer | Asked in Employment Law, Libel & Slander and Health Care Law for North Carolina on
Q: I live in NC and want to know if I can sue my employer and an RN. I have asked this question before but apparently..

I have not made myself clearly understood. I offended a case manger at a provider agency. She retaliated by going to my employer and telling her that i am scizo. This case manger had a BS in business administration and had worked her way up to case manager status at a local LME. Everything with my... Read more »

Kirk Angel
Kirk Angel answered on May 8, 2017

These are all very complex issues and we can only give you general guidance in this forum. Having said that, sure, it might be possible to have a legal claim.

You might be able to sue the case manager for defamation if she made a false statement of fact (not opinion) about you, the...
Read more »

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: Should I voluntarily surrender my RN license?

I'm a RN licensed in NC. Have an allegation against me for possible drug diversion. I have a prescription for the drug they wanted to test me for - so I refused the drug screen and quit my job, trying to protect my license- knowing it would be positive and not knowing what was going to happen... Read more »

Kirk Angel
Kirk Angel answered on May 8, 2017

I have been representing nurses, and other licensed professionals, who are facing discipline for many years now. I can tell you that is a complex question, the answer to which will depend on a number of different factors. Your best bet is to set a consultation with an experienced attorney to... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Q: In the state of NC can a person with a master's degree psychology diagnose a person with a mental illness?

In the state of NC can a person with a master's degree in psychology diagnose a person with a mental illness? Is a formal evaluation necessary? Must that person be notified that they have been diagnosed with a specific mental illness? Can a person be evaluated without being told that they are... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 3, 2017

Depends on the circumstances. You don't say if this was in regard to a commitment order, employment, prison situation, or what.

1 Answer | Asked in Health Care Law and Estate Planning for North Carolina on
Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys
Will Blackton
Will Blackton answered on Feb 9, 2017

These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to...
Read more »

1 Answer | Asked in Health Care Law for North Carolina on
Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys
Will Blackton
Will Blackton answered on Feb 9, 2017

These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to...
Read more »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Q: If a citizen is in a hospital in NC and some one has a Florida temp. Emergency Guardianship can they removefromNClegally

A step brother acquired a Temp. Emergency Guardianship after my father had gave me a durable power of attorney! And he kidnapped my father with an ambulance ride back to FL. That he sold my father s car to pay for it had him declared incompasitated and made a ward of a FL. Court! Now they Denied my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 22, 2016

Early bird gets the worm. You likely should have consulted with an attorney beforehand to possibly have avoided this. Now youse likely gotta travel to Florida and fight this on their home court. While you lost this round likely due to poor planning, keep in mind that the second mouse gets the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Q: Baby has had ear infection for five months doc just kept giving new antibiotics now he has hearing loss

After every new antibiotic I would ask them "shouldn't he be getting better would prolonged infection that's not going away with antibiotics damage his ear" they kept telling me no. Finally I decided to ask to see ent and they are putting tubes but also said he would have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 5, 2016

Possibly. Handling ear infections isn't a situation where you automatically call for tubes or significant problems.

Wait a few months. At one year point get a consultation from a member of the North Carolina Advocates for Justice.They give free consultations. Problem is that it is...
Read more »

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