Get free answers to your Health Care Law legal questions from lawyers in your area.
I brought my husband to an emergency room. We were denied care. He had a possible kidney stone and was in severe pain. The receptionist said their system was down and it was would take 45 min to an hour to receive care. I called 911 to the emergency room and EMS assisted my husband in the parking... View More 
answered on Dec 11, 2023
Under EMTALA, an emergency department of a hospital is required to provide a medical screening examination and appropriate health case to stabilize a patient if the hospital accepts Medicare reimbursement. Participating hospitals and physicians who negligently or intentionally violate the statute... View More
My doctor gives his prescriptions to a pharmacy of his own choice. I want him to use a phamacy that I selected that charges less. Do I have that right to ask my doctor to use the pharmacy of my choice?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
In Texas, physicians generally have discretion when it comes to which pharmacy they send prescriptions to for their patients. However, there are some limitations:
- Under Texas law, patients have a right to choose their preferred pharmacy under the Pharmacy of Choice provisions. This allows... View More
They closed the office and The phone number is disconnected. I was just notified yesterday. I called back to get my medical records and the phone number had already been disconnected. I’ve been going there over 17 years. I am disabled and have multiple health issues. I am on multiple medications... View More
answered on Oct 22, 2023
A Texas attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. If you've been working with the same pharmacy, they might have your prescriptions on record. You could look into finding a new physician for a renewal. Also, you might be able to... View More
They closed the office and The phone number is disconnected. I was just notified yesterday. I called back to get my medical records and the phone number had already been disconnected. I’ve been going there over 17 years. I am disabled and have multiple health issues. I am on multiple medications... View More
answered on Oct 27, 2023
You can choose any new provider you wish. They will request relevant medical records from your previous provider. In most instances, a new provider does not need, or want, seventeen years of your medical records.
You can also send a written request for your medical records. A healthcare... View More
The other day I got a letter in the mail from Maximus it says my social security number my birthday all this stuff has been stolen. They are a contractor for Texas Health and Human Services it says data was took from MoveIt software. They only compensation they offer 2 years of credit monitoring... View More
answered on Sep 14, 2023
If you have suffered compensable legal damages from someone using the information obtained in the data breach, you very likely have a valid legal claim for more than just two years of credit monitoring.
I recommend you collect as many documents as you can showing your compensable legal... View More
On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More
answered on Aug 23, 2023
Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.
You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your... View More
I was prescribed meds that would be much greater than the side effects of . I was charged with the crime that I have no knowledge of even happening. Am I still able to be charged if the doctor has submitted written statements stating as much? Drugs that are much stronger than the side effects of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023
In Texas, there is an affirmative defense available for mental defects. However, a doctor's note is not enough to keep you from being prosecuted. You can still be charged with a crime, regardless of your medicine or prescription and it's side effects.
It can be a defense at trial,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023
For questions and concerns regarding your daughter's treatment in a behavioral health facility, it is advisable to seek the counsel of a healthcare law attorney or a mental health law attorney in Texas. These attorneys specialize in the legal aspects of healthcare, including issues related to... View More
I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that... View More
answered on May 24, 2023
You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.
If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises... View More
My boyfriend's sister was just found dead in a hospital stairwell. Police report states that she attempted to be admitted into the hospital but she was unable to give hospital staff her name or information and so they denied her care, she died within hours of being denied care.
answered on May 8, 2023
A patient is typically required to provide insurance and payment information before seeing a doctor. But, under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA), an emergency department must treat or stabilize anyone who has an emergency regardless of their insurance... View More
I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023
It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... View More
answered on May 3, 2023
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More
He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.
answered on Apr 18, 2023
You have two issues.
First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.
You can have your brother removed as... View More
I'm in Texas, I was at hospital voluntarily, stepped out to smoke a cig earlier, and was going to come right back like the first time, but a nurse came up from behind me and put me in a choke hold.
answered on Apr 12, 2023
A Texas attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys in Texas to try to set up a free initial consult. Such free consults are the norm with injury cases nationwide. Any attorney reviewing the incident would want more detail - if a... View More
Why is Texas SB 680 listed as a bill and insurance code chapter 1369 is not listed as a bill? They are both talking about prescription coverage and health insurance. Does one trump the other? I’m a nurse and use SB680 all the time when an insurance company denies a patients medication, so I... View More
answered on Mar 31, 2023
Before a law is passed, it is a bill. A bill can be introduced either in the House or the Senate. A bill does not have the force of law until it is passed.
In the last session of the Texas legislature two years ago, SB 680 was introduced to amend certain parts of chapter 1369 of the Texas... View More
I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... View More
answered on Mar 15, 2023
You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.... View More
answered on Jan 27, 2023
Maybe, but maybe not. The Texas Civil Practice and Remedies Code provides as follows:
Sec. 146.002. TIMELY BILLING REQUIRED. (a) Except as provided by Subsection (b) or (c), a health care service provider shall bill a patient or other responsible person for services provided to the... View More
answered on Dec 7, 2022
It’s great you discovered the mix-up before any harm was done. Return the other patient’s paperwork to the hospital and let them know so they can get the right information into your medical records.
My husband's mother is 85 years old with dementia, she fell and had to have surgery she is in Neuro ICU right now. My husband's sister has the Medical POA and she refuses to give us the code to call the nurses station to get updates on his mother!! The medical staff will not speak with... View More
answered on Dec 7, 2022
It sounds like there is no abuse and the medical POA is working exactly the way it is intended to.
Your mother-in-law chose your husband’s sister to be the person to receive her medical information and to make health care decisions on her behalf. You have no business calling the nurses... View More
Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?
answered on Dec 7, 2022
There is no single answer to your question.
HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.
Elderly disabled abuse is... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
