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Ohio Health Care Law Questions & Answers

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on

Q: I want to know if something is medically eithical or right or malpractice

I’ve been seeing a doctor for at least 12 years due to back, neck, hips, knee pain. I’ve had major back surgery in 2009....rod plus screws. I’ve had my thumb fused. This doctor put me on 3 neurontin a day when I first saw him, and 4 Vicodin’s a day also. Eventually the neurontin went up to... Read more »

Mr. Eugene Ray Critchett Esq answered on Apr 12, 2019

If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for Ohio on

Q: I was wondering what type of lawyer I would talk to about inappropriate behavior between a teacher and my daughter.

Not sexual in nature. Just inappropriate conversations about my daughters mental health during and outside of school. They are woman teachers.

Matthew Williams answered on Mar 10, 2019

You should talk to the teacher and the school. That doesn’t sounds legally actionable, at least not yet.

1 Answer | Asked in Health Care Law and Tax Law for Ohio on

Q: I write off more then I make so in the governments eyes I make nothing, is it legal to receive food stamps and Medicare

I worked for a logistics company which I wrote off more money then I made which I made a nice living. So In the governments eyes I made absolutely nothing is it legal to receive food stamps and Medicare even though I make more then the average?

Matthew Williams answered on Feb 12, 2019

Have you talked to a tax attorney? It’s probably illegal to write off more than you make.

1 Answer | Asked in Health Care Law for Ohio on

Q: How do you go about getting medical records sealed?

Matthew Williams answered on Feb 8, 2019

Medical records are not public and therefore cannot be sealed. There are HIPAA protections in place to avoid unauthorized disclosures. Also, it sounds like they are accurate: he was there because he expressed a suicidal thought. He may not have been serious, and it may not be the most suicidal... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Ohio on

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

I was asking for time off to attend my son's surgery and I was asked this question.

Matthew Williams answered on Mar 28, 2018

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.

2 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Ohio on

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

My Brother and I have Power of Attorney.

Joseph Jaap answered on Mar 19, 2018

Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.

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1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Ohio on

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

Joseph Jaap answered on Mar 5, 2018

Ohio does not permit emancipation in that circumstance. Here is more information:

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

1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Ohio on

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

My mother has munchausens and munchausen by proxy, and because shes incredibly manipulative, my grandmother (whom she lives with) refuses to force her to get help, or see that she needs it. Two of my other siblings still live at home, (one was damaged so much by the unnecessary medication that he's... Read more »

Joseph Jaap answered on Feb 19, 2018

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.

1 Answer | Asked in Family Law, Child Support and Health Care Law for Ohio on

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

I need to know what will happen if she applies for state insurance

Joseph Jaap answered on Feb 7, 2018

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.

1 Answer | Asked in Criminal Law and Health Care Law for Ohio on

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

I'm his roommate/ best friend and I can't see him because they say the only person can see him his power of attorney. That could take time for his brother to fly up. I should at least be allowed on his bedside. They also put the cops that shot him on leave because they stories didn't add up. Is... Read more »

Joseph Jaap answered on Jan 29, 2018

The hospital can enforce its policies and exclude anyone who doe not have power of attorney.

1 Answer | Asked in Civil Rights, Health Care Law and Juvenile Law for Ohio on

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

Matthew Williams answered on Dec 12, 2017

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.

1 Answer | Asked in Health Care Law and Elder Law for Ohio on

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

Policy had no cash value, and was paid out directly to the beneficiary / not to the estate. Beneficiary is the child of deceased, over 21 and not disabled.

Received letter from Medicaid Asset Recovery. Want to know if this life insurance benefit is eligible to be taken by them.

Moshe Toron Esq answered on Oct 18, 2017

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... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Libel & Slander for Ohio on

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

never abusive but persistent. Now when I seek another doctor and give my previous doctor's name they are telling

negative stories to potential new doctors & offices so I do not get another doctor. They also are making my records available to other non-related doctor offices. Is that a... Read more »

Joseph Jaap answered on Aug 3, 2017

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.

1 Answer | Asked in Health Care Law, Consumer Law and Products Liability for Ohio on

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

Peter N. Munsing answered on Jul 18, 2017

Unlikely but consult an attorney who handles those cases to see.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on

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

My drug test was clean and i passed a psych evaluation.

After discharging me he called the police and told them i was suicidal, which was not true. It was traumatizing to me and our kids to have 6 officers at our door. (They apologized)

He also won't provide access to my records,... Read more »

Peter N. Munsing answered on Jun 20, 2017

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.

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Ohio on

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

I am currently POA for his medical decisions but he has other problems that need to be addressed and I need to be able to make those decisions. He needs psychiatric help and drug treatment and is a danger to himself.

Joseph Jaap answered on May 30, 2017

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... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on

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

My brother died and the cause of death is undetermined... We have to death certificates one says narcan was used the other says it wasn't we have witnesses saying they saw EMTs use it on him.

Joseph W. Stadnicar Esq answered on Apr 17, 2017

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...
Read more »

1 Answer | Asked in Medical Malpractice and Health Care Law for Ohio on

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

I was refused pain medication after being transported to the hospital by ems for passing out from severe pain. The nurse was very rude and no one gave me a proper exam. I told them I was dizzy multiple times but the nurse made me stand up, she didn't lock the bed so when I passed out again my... Read more »

Peter N. Munsing answered on Dec 5, 2016

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Ohio on

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

After it was to late to do anything about. Is there grounds for a malpractice suit?

Peter N. Munsing answered on Oct 24, 2016

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.

1 Answer | Asked in Criminal Law, Health Care Law, Medical Malpractice and Sexual Harassment for Ohio on

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?

I am an adult male victim of sex misconduct at the hands of my former PCP. Last yr his license was suspended for 6 months followed by 2 yrs of probation. Thru therapy I know know I did nothing wrong and was the victim of a sex crime several times over. The dr lied to the med brd on at least 10... Read more »

Matthew Williams answered on Jul 31, 2016

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.

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