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South Carolina Health Care Law Questions & Answers
Q: I'm a teacher. While sick with Covid pneumonia, I was medically terminated for missing 1 day over 90. Was that legal?

I am a teacher in the state of SC. At the beginning of the 2021school year, I was sick with double Covid pneumonia. I used my days with the FBLA. The school district extended me 30 days but did tell me that if I missed 1 day over 90, I would be medically terminated and would have 5 days to appeal... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

When you have a medical condition that constitutes a physical disability, several laws apply to you, in addition to laws such as family leave acts (Federal and state). You may be protected by the Federal ADA and SC's equivalent disability protection laws. You should search for SC- employment... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Personal Injury and Health Care Law for South Carolina on
Q: Mis- diagnosed by ER then 24 hours later admitted with 3% survival rate to ICU for 45 days

The ER discharge him with a 500 blood sugar and never told him it was severely elevated 24 hrs later he's in ICU with only 3% Survival rate

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2023

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys to meaningfully assess the situation, based on the limited details of the brief post here. You could try to arrange a free initial consult with a law firm in your state. If... View More

1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for South Carolina on
Q: My father died Jan 10, 2020 in Vanderbilt Hospital where he was sent by the VA in Columbia, SC for a stem cell treatment

he died from nasal cavaty cleaning that went to far and hit his brain he bled out and died.

Joel Gary Selik
Joel Gary Selik
answered on Apr 13, 2023

Not all bad results are malpractice, the health care provider must have acted below the standard of care. What you describe does sound like malpractice but a doctor would have to confirm the breach of the standard of care. Consult with experienced medical malpractice attorneys in your state.

1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... View More

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: I believe my mother is being neglected in a physical rehab hospital. Is it legal to record her overnight?

My Mother's medical proxy gave their permission. They have no signs prohibiting camera usage. They also have had many patient complaints about staff members. What can I do?

Roy Willey
Roy Willey
answered on Apr 4, 2022

There is nothing prohibiting that if your mother agrees.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... View More

1 Answer | Asked in Copyright and Health Care Law for South Carolina on
Q: Hi! I am a surgeon and I want to convert a digital xray (no hipaa identifiers) into an NFT and sell it. any issues

The xray is a postoperative xray with implants that illustrate a good deformity correction and would be of educational value to surgical implant companies. Thanks!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 9, 2021

Depends

Check with the HIPPA regulations and consult an attorney

Check if you had any waiver signed by the patients

1 Answer | Asked in Health Care Law for South Carolina on
Q: How long does the doctor have to release your records to you after written authorization has been given
William Thomas Geddings Jr
William Thomas Geddings Jr
answered on Mar 31, 2021

The answer can vary depending on what you mean by "doctor". The rule can differentiate between a doctor in private practice, a hospital, a medical clinic or other provider that are often lumped together as "doctor". The general rule is that they have a reasonable time.... View More

1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... View More

Kyle Anderson
Kyle Anderson
answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... View More

1 Answer | Asked in Health Care Law for South Carolina on
Q: what legal issues are there to create animated characters that look like real doctors for educational cartoons?

We are a doctors office and want to do education videos to display on TV in lobby. We have one doctor that says they will sue. It will be a caricature of the providers speaking and giving short statements. How did creators of South Park and Lil Bush do this?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2019

This might be something that an attorney who works with intellectual property matters would know best; it seems more closely related to that area than Health Care Law as a category. Good luck

Tim Akpinar

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: your primary Dr knew for 3 years that you had Chronic kidney disease, and never treated or told you .

You found out during a routine colonoscopy. After which you question your doctor about CKD3. Asked if you should see a nephrologist, and they said no; because you don’t have it.

Then you got your Gastrologist to refer you to a nephrologist...and they confirmed In fact that you do have... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 21, 2018

A lot depends on if it would have made a difference. Contact attorney Carl Jacobson in Charleson. He gives free consults. Tell him I suggested you call.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: Do we have a case?

My dad went to the hospital for his edema because it caused him to miss work. While at the hospital, they only focused on his high blood pressure and high heart rate, and once it was under control they sent him home with a mild diuretic that didn't help(he still had a lot of fluid on his... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.

1 Answer | Asked in Health Care Law and Estate Planning for South Carolina on
Q: If your spouse is still alive but appointed his kid for medical power of attorney does that kick in after the spouse has

Died or is the child the poa from that point on?

Inna Fershteyn
Inna Fershteyn
answered on Jul 7, 2017

Unfortunately yes right away. POA is not valid after death. I strongly suggest you see estate planning lawyer right away because it's already a red flag and more problems will follow.

Inna Fershteyn

www.BrooklynTrustandWill.com

718-333-2394

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Q: Is a chiropractor legally allowed to be a medical sponsor for micropimentation(permanent makeup)services?

Does the chiropractor have to be present while the service is being performed?

Peter N. Munsing
Peter N. Munsing
answered on Oct 17, 2016

Depends on the states licensing, and if it is determined to be a medical procedure. Sounds like the person would be better off getting any such process from a dermatologist who is an MD.

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: Can I sue someone if my wife has cancer

My wife is only 40 and has a very large cancer tumor on her vocal cord she's a smoker. We don't know if it's spread yet

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

You should consult Ron Motley's firm--give them my name. They can best advise you.

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Q: Can your medical provider not write down your questions or concern leaving you no account from your injury
Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

Different doctors take notes differently. A local lawyer can advise.

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...
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