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Pennsylvania Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I took my son to the hospital and the doctor let my son head drop on the bed not guiding his head the way she got him
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Not sure what your question was. If he was injured there would be a potential for a claim, depending on the circumstances--the age of the child, who was handing him off etc.

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Pennsylvania on
Q: Is a restaurant employer allowed to terminate me after written warnings where I was sick with a contagious illness?

I have worked in a restaurant for the past 4 years. Recently the state of management has gone downhill. As someone who also works in the medical field, I understand I, as an employee, am not allowed to go into work around food with contagious conditions. I provided them two seperate doctors note... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

You should file for unemployement as you were not terminated for cause where you had necessitous and compelling reasons.

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

1 Answer | Asked in Consumer Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Is there anything I can do to at least reduce the bill?

My insurance dropped me because I “make too much money” but I never received the notice they said the mailed me. So I had gone to the ER and now I have a $4000 hospital bill. The insurance company said I can’t file a complaint because I am no longer insured under them and the insurance... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 1, 2020

The hospital should have a process where you can apply to have the bill reduced. Call the hospitals billing department

1 Answer | Asked in Contracts and Health Care Law for Pennsylvania on
Q: A durable medical equipment supplier refuses to pick up their items. Does patient have to pay afterward?

DME company made a mistake billing insurance since June 2019, sent statements to patient in Sep 2019. In Sep 2019, patient told supplier to pick up item, they no longer want it. DME supplier said they would not unless a doctor told them to. Does the patient have to pay for the rental cost... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Patient has, I assume, asked them to remove it in writing and saved a copy of the letter. Suggest the person contact the Medicaid office that deals with providers.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: What kind of lawyer would take a severe medical record access delay by a patient?

I am disabled, very ill and trying to get my medical records from multiple physician specialty practices. Due to the complexity of healthcare expansions and electronic medical records that has taken place over the decades, it is now 4 months, over 100 phone calls, many signed releases and I’ve... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

An attorney who handles health care matters should be able to help you. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Do I have a right to a copy of what has been billed to my insurance company from a home health agency?
Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

Insurance practices are governed by state regulations, so a Pennsylvania attorney would be most familiar with applicable laws. But your question remains open for two weeks. As a general practice virtually nationwide, policyholders are provided with the information you describe. Just ask your... Read more »

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: Botox Injections in Pa

I am an RN certified in Botox and derma filler injections. I aware that injections must be supervised by an MD/DO. My question is does the doctor have to be physically present for a nurse to do injections or can he be within a certain distance and accessible by phone? Is there a regulation that you... Read more »

C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 19, 2019

Hi, I am not a lawyer in PA. I will say that here in Texas delegation really depends on state statutes. I'd check out your scope of practice laws in Pennsylvania. Certainly tele-medicine is a thing but some states have distance requirements when physicians delegate tasks. Also, are you a nurse... Read more »

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I was misdiagnosed by three practioners of a local hospital and consequently suffered more damage and needed two more su

Do I have cause for a lawsuit to re coup my losses?

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Depends on the damage as to whether it is worth the costs of looking at it. however, I would suggest you contact a member of the Pa. Ass. for Justice in your area who handles medical carelessness cases.

1 Answer | Asked in Health Care Law, Libel & Slander and Medical Malpractice for Pennsylvania on
Q: My husband is being told that he must be transferred to a scaled nursing facility

Due to something that was advocated and found in his blood work. I looked up the regulations and personally called the companies myself. And they are stating that isn’t the case and the hospital did not even try to put an authorization in to obtain that particular service. What rights does he... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Contact the hospitals patient advocate and your family doctor.

2 Answers | Asked in Family Law, Personal Injury and Health Care Law for Pennsylvania on
Q: I Have a ST Jude SCS , Is there someone that would want to talk about my inclusion of this suit?

model 3662 installed 5/23/16

Kathryn Hilbush
Kathryn Hilbush answered on Jan 28, 2019

I suggest that you Google the unit and, if there's a pending class action suit, contact the litigation group that filed the complaint.

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1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide

I checked with courts - he was not deemed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there... Read more »

1 Answer | Asked in Health Care Law and Workers' Compensation for Pennsylvania on
Q: Work said they are cutting my personal health insurance once I have been off on WC for 3 months. Can they do that?

Hello. I hurt my foot at work. I was originally told by there doctor that is was a sprain or strain. I went 3 weeks before they sent me to an orthopedic Dr that immediately knew the issue(Os Peroneum). They treated me and I am almost feeling 100%. However, work called me a few days ago and said... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 1, 2018

Yes, you then have a right to "buy in" under COBRA. However, if its a sucky plan, you would perhaps want to sign up for an ACA plan. Talk to the attorney who is advising you on comp.

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Pennsylvania on
Q: My emplloyer had accused me of falsely writing scripts of narcotics and stealing the medication when it arrived at my f

I am RN . I accidently wrongly put in a doctors order for a narc in the wrong resident name , I told another nurse when the med arrived he told me what to do send it back to pharmacy he faced it over and I called them . Can I get charged for this ???

Cary B. Hall
Cary B. Hall answered on Apr 23, 2018

Anyone can get charged criminally for anything, and it happens all the time. Will it happen to you? No idea.

If it does, and it really was a mistake at work, then cooperate with the authorities and tell them what happened. Same with your employer. If you did nothing intentionally wrong...
Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Pennsylvania on
Q: Is it legal for a therapist to allow a child to use her personal cellphone for a child to email?

I asked the therapist to attend for mutual support as my child had been having suicidal thoughts. While sitting at a pyschiatric center as my child was finishing an evaluation to be admitted my child asked her therapist to use her cellphone. Deliberately in front of me the therapist handed my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

Who is the therapist's client? You invited her there which indicates some relationship. She owed duties to her client. Her behavior sound slightly unprofessional, and you should calmly ask for an explanation before proceeding further.

At a minimum she seems to be triangulating which is...
Read more »

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Pennsylvania on
Q: If I no longer want to be Executor or Medical POA, how do I cancel it??
Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2017

You aren't bound to use or be it. Just inform the family of that.

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on
Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

There controlling I cn t take it they steal my ssi an disability checks they threaten me with cops tell me cops will force me 2 come back

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on
Q: Clinical evaluation was done 1.23.2014, PA is saying that it's too old, and need to be done again.

Evaluation was done in NY where incident occurred, but only saying it's too old. Clean record since. No issues. Just moved to PA from NY and applying for license here in PA. Left NY license in good standing after finishing legal process.

Peter N. Munsing
Peter N. Munsing answered on Aug 31, 2017

Not sure what evaluation you need, but if you had some situation it was needed for Pa. and most states require that on reapplication you may need another.

1 Answer | Asked in Divorce, Family Law and Health Care Law for Pennsylvania on
Q: Do I have to keep children from my spouse on my health insurance? They aren't mine and we are divorcing
Kathryn Hilbush
Kathryn Hilbush answered on Jul 8, 2017

Not, not unless you're court-ordered to do so or have adopted them.

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