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COVID-19 Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: I went to the ER for congested heart failure and they gave me a covid shot without my permission or consent
James L. Arrasmith
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answered on Mar 13, 2023

In California, as in most states, medical providers are required to obtain informed consent from patients before administering medical treatment, including vaccinations. If you did not give your consent for the COVID-19 vaccine and it was administered to you without your knowledge or authorization,... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... View More

Tim Akpinar
Tim Akpinar
answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... View More

1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... View More

Linda Liang
Linda Liang
answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... View More

1 Answer | Asked in Civil Litigation and Medical Malpractice for Michigan on
Q: I was invited abroad as one of three finalists for a lucrative job. My doctor's office gave me the wrong COVID test.

The potential employer paid for my ticket. I was informed at the check-in counter that I wasn't allowed to fly because I had received the wrong COVID test. I went through four rounds of interviews to get to the finalist stage. When they found out I couldn't fly, the organization... View More

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2021

Interesting facts...I think the damages would be a bit speculative: as you stated, you weren't guaranteed the position, and otherwise suffered no expense (other than time, etc.). And even if you were able to overcome that hurdle, I would think those damages would be mitigated by your current... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue my orthodontist for not properly doing their job?

I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that... View More

Robert Dourian
Robert Dourian
answered on Feb 11, 2021

If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year... 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 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 Medical Malpractice for California on
Q: Are non-medical organizations bound by HIPPA law?

If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2020

It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: My wife gave birth at a hospital in NYC during Covid and wasn’t allowed to have a support partner there. Should we sue?

This policy went against WHO guidelines for childbirth. New York state required hospitals’ Labor & Delivery units to reverse this policy a couple days after.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2020

Congratulations. You raise a valid point, but hospitals are facing severe stresses today, which is something a court could consider in the matter. It's possible a court would give a hospital considerable leeway during these difficult times. You could consult with other attorneys to see how... View More

1 Answer | Asked in Medical Malpractice for Wisconsin on
Q: Is your doctor committing malpractice when they refuse to give post-operative care?

I had a medical procedure on March 13th 2020. On March 20th 2020 I was supposed to have my first post-op care check-up visit. Upon getting there basically the appointment ended up being just a meet and greet. They told me that the pandemic prevented them from giving me the treatment that I needed.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2020

Hopefully, it will not come to that and hopefully, you will enjoy a healthy recovery. But your question is difficult to answer because it calls for speculation as to whether the physician's conduct amounted to a breach of duty. If something did go wrong, the conduct would be evaluated with the... View More

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