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Tennessee Health Care Law Questions & Answers
1 Answer | Asked in Family Law, Health Care Law and Juvenile Law for Tennessee on
Q: If my child has been evaluated and volintary comited for evaluation, do I have leagal right to have him discharged?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Mar 15, 2017

Based strictly on what you say in this question, I would say "yes" - as the parent ( I assume you have legal custody) you have the right to consent to treatment for your child or to withhold consent, or to withdraw consent.

However, if there are any court proceedings involved, this would change.

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee on
Q: Elderly couple - woman need conservatorship of spouse or guardianship?

Man has Alzheimer and Parkinson and is unable to care for himself. He is in long term care and wants to check out against medical advice. His wife is unable to care for him. What are her options to make sure he stays and receives the care he needs?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Mar 3, 2017

Someone ( most likely the spouse) should file to have him declared incompetent and a conservator appointed for him. SHE ( the wife) does not have to be the conservator, although as spouse she has the right to serve if she wants to. If she can't handle the chore, HE still needs a conservator,... Read more »

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Tennessee on
Q: What are the requirements for having an alcoholic/ mentally ill adult child committed for treatment against their will?

Our daughter is 26 and has been in 3 rehabs and been medically detoxed more times than we can count. She also suffers fro anxiety, depression and PTSD. Upon release from her latest rehab last week, she began to drink again, and in less than 2 weeks time, was placed in 2 72 hour involutary psych.... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 12, 2016

The involuntary commitment procedure is the only option, and it sounds like you have already tried this. The other hospitals may be releasing her because of financial issues. A doctor has to give his professional opinion that she is dangerous to herself or others, and while no one would ever admit... Read more »

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Tennessee on
Q: My mother is in the hospital, she is able to comprehend. Can she give me permission to do things?

My mom is 58 and i live with her, I am 16

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 20, 2016

If you are under 18, the law says you lack the required maturity to act for someone else. You may be very mature for your age, but unfortunately, the law applies to everyone, and it does not allow for "special exceptions". You should find another adult to act for your mother.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Civil Rights for Tennessee on
Q: Is it negligence or malpractice when a health provider refuses to give you medical care

I went to see a healthcare provider for back and knee pain. He gave me Motrin and sent me on my way without asking questions or taking any tests. A couple weeks later I went back fro extreme pain and swelling in my legs and feet to the point my feet were turning blue. Provider said it was a... Read more »

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

It isn't required that they treat you. . Did you ask them for pain medication? Doctors these days are twitchy about people who ask for pain medication. k

However, the ACA and medical records act require they provide you with your records. If they have an attitude, if they are part of a...
Read more »

1 Answer | Asked in Health Care Law for Tennessee on
Q: Can my 22 old aspergers son be involuntarily commited

He's diagnosed with aspergers...he's an alcoholic...

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 21, 2016

ANYONE can be involuntarily committed for a brief time IF you can convince a Judge that they are dangerous to themselves of others. The process is called "judicial hospitalization" - Generally, thye can be held for 72 hours, long enough for a psychiatrist to evaluate and/or medicate them.

1 Answer | Asked in Health Care Law and Medical Malpractice for Tennessee on
Q: Went to ER specifically to see neurologist he refused to come to ER to see me. Due care ????
Peter N. Munsing
Peter N. Munsing answered on Aug 11, 2016

Need more information but neurologists see who they want, and even if the office told you to go there it's not anything you can bring a legal case about. Consult with a local attorney offering free consultations but that's my assay of your issue.

Do not discuss your concerns...
Read more »

1 Answer | Asked in Family Law, Child Custody, Health Care Law and Juvenile Law for Tennessee on
Q: Can DCS take my baby away because I had no prenatal care?

I had a positive pregnancy test 6 months ago, around the last time I could have conceived a child. I was taking lithium at the time. I made an OB appointment but they didn't want to see me until 8 weeks later. I went to my psychiatrist and she took me off the lithium and put me on a safer... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 3, 2016

DCS never wants to take custody of children, and they do so only in the worst situations. It sounds like you had reasonable beliefs so I would not focus on what has happened in the past , but rather focus on the future. Get yourself to a doctor, take care of yourself, make plans for where you going... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Tennessee on
Q: A brother has told his sister he will obtain an injunction to prevent her from seeing their mother.

He feels the visits upset his mother. The mother is in early stages of alzheimers.

Is his word enough to obtain an injunction?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 11, 2016

In the strictest sense, yes, his word is enough IF he is believeable, sincere, articulate, or in other words, he does a good job communicating and testifying. If always up to the Judge to make this kind of decision, and its not based on how many people testify- its who is the most convincing. I... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Tennessee on
Q: I was arrested and took to hospital where the officers held me down why dr stick his fingers in my anus. Is this legal
Elizabeth Wafula
Elizabeth Wafula answered on Feb 16, 2016

Doesn't sound like it! Contact an attorney ASAP!

Visit www.wafulalaw.com for regular updates and a listing of my services!

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