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North Carolina Health Care Law Questions & Answers
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...
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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 Johnson
PREMIUM
Amanda Bowden Johnson
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...
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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?

Patient has no prior history of high blood pressure, and sustained an injury after passing out related to the elevated blood pressure.

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

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.

1 Answer | Asked in Health Care Law, Personal Injury and Criminal Law for North Carolina on
Q: Can anything legally be done about someone sneaking alcohol into hospital patient in liver failure (north carolina).

My brother-in-law is lying to everyone about my sister's condition. The doctor states that she might survive but she can never have alcohol again. The nurses state that he keeps trying to bring in items from home, including medications. In the past, he has brought in miniature bottles of... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Aug 27, 2016

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... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Q: Can a nurse you receive prenatal treatment from show up at your house uninvited
Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Possibly if she was being friendly and didn't get your boundaries.

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Q: Before giving birth to my daughter, there was no record of me at ANY hospital. Is this medical malpractice?

I went to the emergency room twice for labor pains and contractions on June 25th 2016. The first time I went they told me that I didn't have any medical records at ANY hospital and no lab records either. The health department in my county didn't set me up with a pediatrician for my child... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Aug 12, 2016

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... Read more »

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

Many times patients request refunds because they don't like how something looks or feels. This is very subjective. If the work was done to the standard of care how do you deal with this. Patients sometimes use state boards as a means to extort money from practitioners. How do you avoid this?

Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

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...
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1 Answer | Asked in Health Care Law for North Carolina on
Q: Does Durable Power of Attorney end at death in regards to organ designation in South Carolina?
Catherine E Bruce
Catherine E Bruce
answered on Oct 8, 2015

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... Read more »

1 Answer | Asked in Health Care Law for North Carolina on
Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Sep 6, 2013

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... Read more »

1 Answer | Asked in Health Care Law for North Carolina on
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.?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 29, 2013

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,...
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