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COVID-19 Health Care Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 20, 2021

Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent... Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: I transport for funeral homes. I am encountering nursing homes and Hospital facilities who force you to do covid tests

They take your personal information and DNA. They are not my primary physician, and you are given no assurance they are not going to sell or give that information to third party sources. I don't want the test, or the vaccine. What are my rights in this matter?

Brent T. Geers
Brent T. Geers answered on Apr 2, 2021

You are free to not comply. Of course, the hospital or nursing home could refuse you entrance, preventing you from doing your job. If you feel strongly about it, you should have a conversation with your employer to see if they can find a way to accommodate you while still getting the job done.... Read more »

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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.... Read more »

2 Answers | Asked in Health Care Law for Michigan on
Q: Is it against HIPPA law for a company to circulate names on a list for getting Covid-19 vaccines?

Company sent reminder e-mail to all employees for the up-coming COVID-19 vaccine clinic they are offering on-site. The link takes you to a listing of all names and times of those who signed up for it. What happened to medical privacy?

Brent T. Geers
Brent T. Geers answered on Mar 29, 2021

Poor practice on the company's part, maybe, but I don't see this rising to a HIPPA violation. What personal health information is being disclosed other than someone having signed up for a timeslot, and an inference that those persons will now be vaccinated? Your point is well taken that... Read more »

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1 Answer | Asked in Health Care Law for Michigan on
Q: Can my employer (a hospital) ask me if and when I got tested for covid? If yes, do I have to answer?

Can they access my medical records to find this information?

Michael Zamzow
Michael Zamzow answered on Mar 15, 2021

The Equal Employment Opportunity Commission recommends employers ask employees why they refuse to answer or cooperate, an employer like a hospital is probably equipped to discuss the subject with you. However, under the circumstances existing currently, the ADA allows an employer to bar an employee... Read more »

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Hello. I have been waiting for a tonsillectomy for over 2 month now.

They have failed to provide me with information about what had to be done in order to fix a mistake with my insurance and were giving me misleading information. At the end of all, it appeared to be that someone made a mistake and my insurance was wrongly put in. I have been waiting for a long time,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 15, 2021

more facts needed.

during covid, everything is upside down.

if they did anything wrong it sounds like damages might be less than $10k.

thus you could consider small claims court.

however, I would write out a demand before doing anything and after seeing a lawyer.

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... Read more »

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

1 Answer | Asked in Health Care Law and Elder Law for Texas on
Q: If father's POA isn't responding to healthcare providers how can I get it revoked?

My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 12, 2021

The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person,... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: What can I do being that my dad has been in the hospital for 2 days and I’ve been calling with no answers

All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.

Tim Akpinar
Tim Akpinar answered on Dec 7, 2020

I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... Read more »

1 Answer | Asked in Criminal Law and Health Care Law for Texas on
Q: If a defendant is found guilty of menacing-intimidation only what would be the Judges ruling?

The defendant was having a paranoid schizophrenic bipolar episode. He is on medication and doctors care and attending Alta Pointe. However due to the pandemic they were not meeting with him in person due to this pandemic. His fears are real to him.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2020

Please clarify the question. A defendant being found guilty of anything implies that either that he entered a plea of guilty or no contest or that the prosecuion proved every element of their case beyond a reasonable doubt.

Most, but not all, offenses require some sort of "culpable...
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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for California on
Q: Can Walmart deny entry to buy masks if u previously don’t own one? Especially in the times of this pandemic
Louis George Fazzi
Louis George Fazzi answered on Jul 20, 2020

Sounds like a real Catch 22 doesn't it? You go in to buy a mask because you don't have one, but they won't let you in because you don't have a mask on.

It seems to me that before they can refuse entry due to lack of a mask, they must first offer you one to wear while you...
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2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
Read more »

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... Read 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... Read 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... Read more »

3 Answers | Asked in Employment Law and Health Care Law for California on
Q: My boss sent out a company wide email saying I put everyone at risk for covid 19, is this legal?

A company wide email was sent with my name and claiming I was reckless with everyone's health. I received texts from co-workers asking about my own and family's health situation.

I had no symptoms but merely informed them that I had come in to contact with someone who had tested... Read more »

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

I like Neil's answer, it is very thoughtful.

The problem is from what you said, it is not clear how the employer got this information, or whether it was confidential health information. Even if not, he could be defaming you. Have you been tested? Negative?

Keep that email,...
Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
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