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22 legal questions have been posted about health care by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include hospital law, health insurance, and long term care. All topics and other states can be accessed in the dropdowns below.
Health Care Questions & Legal Answers
Do you have any Health Care questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 22 previously answered Health Care questions.

Recent Legal Answers

Do you handle medical malpractice cases

Answered 11 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Health Care
      Dear Myron, I am sorry that you are having issues walking and you PCP is not helping you. Based only upon this information, it is not possible for me to answer this question other than to suggest that you consult a Medical Malpractice attorney. The attorney will need more information, and will need to consider what effect any medical error has had on what the likely outcome would have been in the absence of the error. A Medical Malpractice Attorney can explore these issues with you and review records prior to potentially sending them out for review by appropriate medical experts free of charge to you. There are often many stages to this inquiry. Ultimately, the answer to your question will depend upon medical expert review of all relevant records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. We give free consultations and if we take the case, it would be on a contingent fee basis. These are most often very tough cases with time constraints and pre-suit requirements. Start this process with a free consultation by a Medical Malpractice lawyer. Providing the necessary medical records may help speed up the process for the reviewing attorney. Better sooner rather than later to see if you have a viable case. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. Loren L. Gold, Esq... Read More
      Dear Myron, I am sorry that you are having issues walking and you PCP is not helping you. Based only upon this information, it... Read More

When a doctor messes up on a procedure

Answered 11 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Health Care
Dear Charles, I am very sorry to hear about your poor surgical result. I suggest that you consult a Medical Malpractice attorney to explore and discuss the issues with you. There are often many stages to this inquiry. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. We give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out.    Loren L. Gold, Esq. 954-742-6999... Read More
Dear Charles, I am very sorry to hear about your poor surgical result. I suggest that you consult a Medical Malpractice attorney to explore and... Read More

If a Doctor totally messes up on a simple procedure can he be charged?

Answered 11 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Health Care
Dear Charles, I am very sorry to hear about your poor surgical result. I suggest that you consult a Medical Malpractice attorney to explore and discuss the issues with you. There are often many stages to this inquiry. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. We give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out Loren L. Gold, Esq. 954-742-6999... Read More
Dear Charles, I am very sorry to hear about your poor surgical result. I suggest that you consult a Medical Malpractice attorney to explore and... Read More

Healthcare proxy rights

Answered a year and 3 months ago by Jack Mevorach (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
If the Health Care Proxy is valid, they have to honor it, by communicating with you and sharing information with you. Jack
If the Health Care Proxy is valid, they have to honor it, by communicating with you and sharing information with you. Jack
Can I sue my husband's mistress for intentional infliction of emotional damage in Florida?  No
Can I sue my husband's mistress for intentional infliction of emotional damage in Florida?  No
  Dear Marie, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. If a recovery is made, Humana / Medicare will most likely have a right of subrogation. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L. Gold, Esq. ... Read More
  Dear Marie, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained... Read More
  I am sorry to hear about your injury and hope that you recover fully. More facts are needed as well as evidence preservation which can be discussed in consultation with a Personal Injury attorney who can investigate this matter on your behalf and determine all possible responsible parties rather attempting to pursue this on your own. An experienced professional can guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay so as not to prejudice your rights.... Read More
  I am sorry to hear about your injury and hope that you recover fully. More facts are needed as well as evidence preservation which can be... Read More

Peer to Peer sexual assault while in a mental health facility

Answered 2 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Health Care
Most likely you have a case if the evidence proves what you allege. The theory of liability would be negligent supervision by the staff employees to allow this to happen. Discuss your case with counsel about possible contingency fee representation which means you pay nothing unless you win the case. ... Read More
Most likely you have a case if the evidence proves what you allege. The theory of liability would be negligent supervision by the staff employees to... Read More

can one sue a dentist for wrong information on teeth? said no cavaties for 2 yrs, new dentist found 4 2 days later

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

How do I know if Iโ€™m getting the right attorney?

Answered 2 years and 6 months ago by attorney Loren L. Gold   |   1 Answer   |  Legal Topics: Health Care
I am sorry to hear about this and hope your friend's daughter's condition improves. That being said, the answer to your question can only be obtained through medical expert review of her medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing her serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing her medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L. Gold... Read More
I am sorry to hear about this and hope your friend's daughter's condition improves. That being said, the answer to your question can only be obtained... Read More
Dear Carlo, I am sorry to hear about this and hope your condition improves. It sounds like you will need further medical work-up to determine whether you have sufferred serious permanent injuries due to your stroke. The answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L. Gold, Esq.... Read More
Dear Carlo, I am sorry to hear about this and hope your condition improves. It sounds like you will need further medical work-up to determine whether... Read More

Can you file a suit because of a breach at an health insurance co

Answered 2 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Health Care
You are describing a HIPPA violation; you very well might have a case. If you would like to learn more about your rights in this matter, please be in touch.
You are describing a HIPPA violation; you very well might have a case. If you would like to learn more about your rights in this matter, please be in... Read More
Hello.  Yes, your mother inlaw's insurance should take care of her bills, not you.  Was there a defective condition at your house that caused the injury, like a broken tile, raised crack/step that was not obvious/marked?  If so, your homeowner's insurance would be responsible for paying for her injuries/bills, and you should submit a claim to insurance on her behalf for that.... Read More
Hello.  Yes, your mother inlaw's insurance should take care of her bills, not you.  Was there a defective condition at your house that... Read More

On a Medicaid spend down. I know you can pay off full or partial motgage. Question is:

Answered 3 years and 6 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Health Care
You should be on safe grounds
You should be on safe grounds
I would recommend asking other hospitals who they use for their outside compliance, here are a couple of names I know of:   http://www.bcpwq.com/practice-areas/medicare-compliance/   https://www.wachler.com/healthcare-regulatory-compliance-lawyers.html   Best of luck to you!
I would recommend asking other hospitals who they use for their outside compliance, here are a couple of names I know... Read More

I need a letter demanding my medical records

Answered 3 years and 11 months ago by attorney Hon. Max L Rosenberg   |   1 Answer   |  Legal Topics: Health Care
Why do you need an attorney to request  your medical records? Why not request them yourself? Your purpose here is unclear. Good luck.
Why do you need an attorney to request  your medical records? Why not request them yourself? Your purpose here is unclear. Good luck.

Is there any law that can help us out there?

Answered 4 years and 5 months ago by Pamela W. Flores (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
I'm sorry your family is dealing with this now, however, this is not a estate planning question.  I would reccommend having your priest or religious represetative try to work with the hospital administration for a resolution.  
I'm sorry your family is dealing with this now, however, this is not a estate planning question.  I would reccommend having your priest or... Read More

Can a clinic in Texas vaccinate a 17 year old without parental consent?

Answered 4 years and 5 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
In Texas, 18 is the age of consent, but State allows for the application of the mature minor doctrine, meaning that providers may allow a minor to self-consent to health services if they are deemed to be mature enough to do so.
In Texas, 18 is the age of consent, but State allows for the application of the mature minor doctrine, meaning that providers may allow a minor to... Read More

Covid 19?

Answered 4 years and 8 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
You have the right to determine what happens with your medical records.  If you instruct your physician to provide the results to your employer he does not have the right to refuse.  If you run into issues demand your file from them and you can directly provide the results to your employer.  BTW, do you mean, HIPAA guidleines? ADA is the Americans with Disabilities Act.  HIPAA deals with the privacy of your medical records. Keep in mind that the decision to release medical records to your employer is your alone.  It sounds like they may be over-reaching in their requests.  For additional guidance I suggest sitting down with a qualified attorney in your area. Best of luck.... Read More
You have the right to determine what happens with your medical records.  If you instruct your physician to provide the results to your employer... Read More

How do I go about in successfully ataining a court order to give an adult involuntary treatment?

Answered 4 years and 9 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Health Care
Chapter 5122 of the Ohio Revised Code details the law in this regard.  The probate court in the county where your brother lives would have jursidiction to hear the case.  You can contact them for some guidance as well.  Here are a couple links below that can provide you with a good basic understanding. Best of luck. https://summitohioprobate.com/mental-health/ https://www.disabilityrightsohio.org/assets/documents/dro_civil_commitment_april2016.pdf  ... Read More
Chapter 5122 of the Ohio Revised Code details the law in this regard.  The probate court in the county where your brother lives would have... Read More

Do we take legal action

Answered 7 years and 10 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Health Care
You absolutely have a case against the nursing home. There is no question that the injury occured while your mom was under the care of the nursing home and since your mother is immobile, she did nothing to contribute to her own injury.  Your mother was obviously allowed to fall by an orderly or other nursing home staff when she was being transported, cleaned or turned in bed and the nursing home is responsible and should be held liable for money damages under the theory of "res ipsa loquitur", which roughly translates as it could not have happened any other way than through the negligence of the nursing home. And this is a negligence (not medical malpractice) case.  Keep in mind that the statute of limitations to start a negligence action is three years from the date of the injuries. ... Read More
You absolutely have a case against the nursing home. There is no question that the injury occured while your mom was under the care of the nursing... Read More
You should reach out to the attorneys in the Roundup litigation.
You should reach out to the attorneys in the Roundup litigation.