Ohio Health Care Law Questions & Answers

Q: My sister is on life support and her husband needs her to sign forms for their health insurance. What can he do.

1 Answer | Asked in Health Care Law and Probate for Ohio on
Answered on Aug 28, 2018
Joseph Jaap's answer
She would have to be mentally competent to sign a power of attorney form. If so, then he should immediately contact a local attorney. If she is not, then it is too late for that, and her husband or you would have to apply to be her guardian.

Q: Is it a HIPAA violation for my employer to ask "What kind of surgery is your son having?" My son is a minor.

1 Answer | Asked in Employment Law and Health Care Law for Ohio on
Answered on Mar 28, 2018
Matthew Williams' answer
HIPAA doesn't make it unlawful for people to ask questions. It makes it unlawful for medical providers to release information without the patient's consent.

Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?

2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on
Answered on Mar 19, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.

Q: if a 16 year old female is pregnant and her mother is trying to get rid of her ob dr could she file for emancipation

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Ohio on
Answered on Mar 5, 2018
Joseph Jaap's answer
Ohio does not permit emancipation in that circumstance. Here is more information:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

Q: Abusive mother with munchausens; how can I make sure she gets treatment and also keep my younger siblings safe?

1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Ohio on
Answered on Feb 19, 2018
Joseph Jaap's answer
Contact children's services and advise them of the problems. The siblings could go to foster care, or into the custody of another family member.

Q: My wife and I are going to be getting a dissolution but neither of our children have health coverage at the moment

1 Answer | Asked in Family Law, Child Support and Health Care Law for Ohio on
Answered on Feb 7, 2018
Joseph Jaap's answer
If they don't have coverage now because of your family income, apply for state coverage now. Use the Find a Lawyer tab to consult a family law attorney to discuss this and other issues related to the dissolution and advise you.

Q: Can a hospital deny you from seeing somebody under arrest and servely injured? Both parents are dead and I'm roommate

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on
Answered on Jan 29, 2018
Joseph Jaap's answer
The hospital can enforce its policies and exclude anyone who doe not have power of attorney.

Q: Can a juvinile judge force you to do child focus counseling?

1 Answer | Asked in Civil Rights, Health Care Law and Juvenile Law for Ohio on
Answered on Dec 12, 2017
Matthew Williams' answer
That really depends upon the circumstances. But, generally, if the court has jurisdiction over you due to an issue involving you or your child, it can make you do stuff, yes.

Q: Ohio Medicaid Estate Recovery / is benefit from term life ins. no cash value paid to beneficiary eligible for recovery.

1 Answer | Asked in Health Care Law and Elder Law for Ohio on
Answered on Oct 18, 2017
Moshe Toron Esq's answer
Ohio Law is not crystal clear on this. On the one hand, the Estate Recovery statute claims a very broad right to any asset held by the Medicaid recipient at death. On the other hand, the Ohio statute regarding life insurance says that it is usually protected from creditors, as long as a beneficiary is named and the beneficiary is not "the Estate" of the deceased. It has been my experience that the Ohio Attorney General for Medicaid is not attempting to collect on life insurance, as long as...

Q: My doctor office dismissed me as a patient for argumentative language. I was just persistent and sought correct info

1 Answer | Asked in Civil Litigation, Health Care Law and Libel & Slander for Ohio on
Answered on Aug 3, 2017
Joseph Jaap's answer
Depending on the reason your medical information was released, it could be a HIPAA violation. Find out what was released and to whom. If not proper, then you would need to consult a local attorney to review all the facts and determine if you have any claims. Use the Find a Lawyer tab.

Q: Can you sue the maker of nexplanon if you get pregnant while on it

1 Answer | Asked in Health Care Law, Consumer Law and Products Liability for Ohio on
Answered on Jul 18, 2017
Peter Munsing's answer
Unlikely but consult an attorney who handles those cases to see.

Q: I live in ohio,went to a neurologist for pain for 7 yrs. He dischgd me and I can't get care w/other physicians. My drug

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on
Answered on Jun 20, 2017
Peter Munsing's answer
Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.

Q: What do I need to do to become my brother's guardian/make decisions that affect his life and well being?

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Ohio on
Answered on May 30, 2017
Joseph Jaap's answer
A person can apply to the OH Probate Court in the county in which he lives to be his guardian. There are two kinds - guardian of his person to make medical decisions, and guardian of his estate to make financial decisions. A person can be both, but the guardian must live in OH. A POA agent does not have to live in OH. Use the Find a Lawyer tab to consult an OH attorney in the country where he lives.

Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on
Answered on Apr 17, 2017
Joseph W. Stadnicar Esq's answer
This response is general in nature and you should seek the counsel and advice of an experienced Ohio lawyer to review all the aspects of your case. Do not rely on this answer as it is based on limited information.

Ohio's Political Subdivision Tort Liability Act creates a significant hurdle in such cases. Typically, such first responders will be immune from traditional negligence based liability. If the Narcan was wrongfully administered, and it was the proximate cause of your...

Q: The Dr. told me my lab results from the hallway where everyone could hear. Do I have a case?

1 Answer | Asked in Medical Malpractice and Health Care Law for Ohio on
Answered on Dec 5, 2016
Peter Munsing's answer
Generally no--HIPAA doesn't have any sanctions. However the other care issues may be actionable--but hard to prove.

Contact a member of the Ohio Assn for Justice--they give free consults.

Q: My father died 6 years ago. He had a tumor on his spine that his primary care physician never told him was there until

1 Answer | Asked in Health Care Law and Medical Malpractice for Ohio on
Answered on Oct 24, 2016
Peter Munsing's answer
If he died six years ago, no. There are statutes of limitations for wrongful death & malpractice, and they expiered long ago. For your peace of mind consult an attorney who gives free consults, but I don't see a liklihood of success.

Q: My former PCP has committed purjury to the OH Med Brd. I mailed the info to the Med Board. Will it be looked into?

1 Answer | Asked in Criminal Law, Health Care Law, Medical Malpractice and Sexual Harassment for Ohio on
Answered on Jul 31, 2016
Matthew Williams' answer
You should take your information to the police and prosecutor. Sex crimes are treated very seriously, but the medical board can only take his license.

Q: Can I have my 19 yr.old son committed for mental health issues?

1 Answer | Asked in Family Law and Health Care Law for Ohio on
Answered on Dec 27, 2015
Matthew Williams' answer
While more facts are needed to be sure, it is possible. Read this: http://www.disabilityrightsohio.org/sites/default/files/ux/ohio-involuntary-civil-commit-process.pdf

Q: When Dr give u letter stating patient can't make important important decision. How can someone say the patient said

1 Answer | Asked in Health Care Law for Ohio on
Answered on Dec 12, 2015
Matthew Williams' answer
Your question appears to be cut off...what did the patient allegedly say?

Q: if a property is in a life estate, can medicaid force me to sell the house?

1 Answer | Asked in Health Care Law for Ohio on
Answered on Aug 15, 2015
Matthew Williams' answer
You need to sit down with an attorney who handles medicaid issues. Who is the owner of the house vs. the life estate, when the transfer occurred, your age, whether there is a living spouse or dependent child, whether you are a long term care giver who has lived in the house for a significant period of time--these and other issues need to be examined before it can be determined whether medicaid can essentially take the house and whether she is even eligible for medicaid. A person can be...

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