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COVID-19 Health Care Law Questions & Answers
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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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...
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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... View 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... 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

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... View 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,...
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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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1 Answer | Asked in Health Care Law for Michigan on
Q: In Michigan can I record a nurse or doc discussing my parent care if I told he/she I was recording this conversation?

In Michigan how do I protect my parent from any wrong doing in a hospital when I'm not being allow to see parent or be with him due to COVID19 epidemic which my parent is (-) at moment?

In michigan how do I properly audio record any conversation legally over phone or in person?... View More

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2020

In the current situation, health care facilities have great latitude to determine ways to best protect patients and staff. And in most cases, that starts with restricting visitors.

Is your parent able to communicate at the moment? If so, then it's them that would need to give or get...
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2 Answers | Asked in Employment Law, Business Law, Civil Rights and Health Care Law for California on
Q: My company does not comply with the State of California's "Stay at Home" order and is not within the critical businesses

While many of my company's employees have began working from home, a few departments are being required to go into the facility to continue work.

The company is not within any of the critical business sectors outlined within... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 21, 2020

First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself... View More

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2 Answers | Asked in Employment Law and Health Care Law for Florida on
Q: there are confirmed cases of COVID-19 at my workplace, and the management team has not notified any staff

My management team has not notified any staff members of the cases of COVID-19, and have hidden the cases to an extent. The employees have found out due to word of mouth from close friends of the effected individuals, and I am working on getting contact with the individuals themselves. Assuming the... View More

Jay P. Lechner
PREMIUM
Jay P. Lechner
answered on Mar 19, 2020

This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to... View More

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