North Carolina Health Care Law Questions & Answers

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?

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on
Answered on Jul 11, 2018
Kirk Angel's answer
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 to do so does not violate the law. However, if you are FMLA eligible and the employer is denying your FMLA leave rights or the employer terminates you for exercising those rights or because you have...

Q: my boyfriend ordered a DNA test online and we later found out it was a scam and they falsified results

2 Answers | Asked in Family Law, Consumer Law and Health Care Law for North Carolina on
Answered on Nov 2, 2017
Amanda Bowden Houser's answer
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.

Q: I work for a Hospital. They require me to get my Notary and sign and notarize involuntary commitment papers on patients.

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Answered on May 22, 2017
Kirk Angel's answer
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.

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..

1 Answer | Asked in Employment Law, Libel & Slander and Health Care Law for North Carolina on
Answered on May 8, 2017
Kirk Angel's answer
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 statement was made within the past 6 months (12 months in some situations), and the statement caused a direct loss of money. Generally bad or insulting name calling is not a statement of fact, but, in...

Q: Should I voluntarily surrender my RN license?

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Answered on May 8, 2017
Kirk Angel's answer
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 fully discuss your situation.

Q: In the state of NC can a person with a master's degree psychology diagnose a person with a mental illness?

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Apr 3, 2017
Peter Munsing's answer
Depends on the circumstances. You don't say if this was in regard to a commitment order, employment, prison situation, or what.

Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

1 Answer | Asked in Health Care Law and Estate Planning for North Carolina on
Answered on Feb 9, 2017
Will Blackton's answer
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 authorize an agent to exercise powers relating to your property, as well as make certain decisions concerning personal affairs, excluding those relating to health care (except payment of health care...

Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

1 Answer | Asked in Health Care Law for North Carolina on
Answered on Feb 9, 2017
Will Blackton's answer
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 authorize an agent to exercise powers relating to your property, as well as make certain decisions concerning personal affairs, excluding those relating to health care (except payment of health care...

Q: If a citizen is in a hospital in NC and some one has a Florida temp. Emergency Guardianship can they removefromNClegally

1 Answer | Asked in Family Law and Health Care Law for North Carolina on
Answered on Dec 22, 2016
Amanda Bowden Houser's answer
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 cheese, if you don't make anymore missteps.

Q: Baby has had ear infection for five months doc just kept giving new antibiotics now he has hearing loss

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Oct 5, 2016
Peter Munsing's answer
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 hard to tell for a while if there is a hearing loss and if it's permanent.

Good news is that there is usually a delayed statute of limitations for children. But at one year out, once your child is at...

Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Answered on Sep 15, 2016
Peter Munsing's answer
Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.

Q: Can anything legally be done about someone sneaking alcohol into hospital patient in liver failure (north carolina).

1 Answer | Asked in Health Care Law, Personal Injury and Criminal Law for North Carolina on
Answered on Aug 27, 2016
Peter Munsing's answer
Maybe the family has to have a neutral do an intervention on him? She certainly seems to be enabled. Problem is that as the spouse it's tough to bar him. suggest you discuss this with social workers. If you keep him away will she feel better? Alienated from the rest of you? It's less legal than psycho-social.

Q: Can a nurse you receive prenatal treatment from show up at your house uninvited

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 25, 2016
Peter Munsing's answer
Possibly if she was being friendly and didn't get your boundaries.

Q: Before giving birth to my daughter, there was no record of me at ANY hospital. Is this medical malpractice?

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 12, 2016
Peter Munsing's answer
He means bad practice.As its a county health department they are not in a doctor patient relationship and can't commit malpractice. Under some circumstances it could be actionable but I don't see it here. Moreover I'm not heraring there were problems because of the prematurity, so there isn't anything to sue about--you don't get to make a claim for what could have happened, only what did happen. However to cover all bases why not get a consultation with a member of the NC Trial Lawyers...

Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Answered on Feb 12, 2016
Adam Studnicki's answer
Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

Q: Does Durable Power of Attorney end at death in regards to organ designation in South Carolina?

1 Answer | Asked in Health Care Law for North Carolina on
Answered on Oct 8, 2015
Catherine E Bruce's answer
In North Carolina, an agent appointed under a Health Care Power of Attorney has the authority to deal with certain after-death decisions such as organ donation. Typically, an agent appointed under a Durable Power of Attorney is not given such authority (his or her authority ends at the death of the principal). This may be different in South Carolina, and in any case it depends on the exact language of the power of attorney in question. You may want to consult a South Carolina attorney about...

Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?

1 Answer | Asked in Health Care Law for North Carolina on
Answered on Sep 6, 2013
Rachel Lea Hunter's answer
Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her power of attorney if she desires. If she is not mentally competent, then a power of attorney would not work anyway and you would need to file for guardianship.

Q: My mother had a stroke.I am her medical power of attorney. My sister is disabled,how do I become her P.O.A.?

1 Answer | Asked in Health Care Law for North Carolina on
Answered on Mar 29, 2013
Rachel Lea Hunter's answer
Medical or financial? Is your sister mentally competent notwithstanding her disability? Where does your sister live?

If your sister lives in NC or GA, I can prepare a medical and/or financial power of attorney for her for a reasonable fee.

If she resides in a state other than NC, she should consult an attorney in that state. Your sister would need to complete a power of attorney and name you as her agent.

If your sister is not mentally competent, then you will need to...

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