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Recent HIPAA questions

I have an employee that slipped and fell a couple of weeks

I have an employee that slipped and fell a couple of weeks ago. Everything was documented and she signed an incident report that claims negligence on her part. Recently, she's complained about pain because of her recent fall. The business offered to give her time off and reimburse her for any brace or shoes with more support. Is there anything else that we can do, or have her sign, to lessen the liability and avoid a workmans comp lawsuit. Thank you - Aj

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
IF A DOCTOR IS NEGLIGENT AND TRIES TO COVER IT UP IN NOTES

IF A DOCTOR IS NEGLIGENT AND TRIES TO COVER IT UP IN NOTES AND MEDICAL RECORDS ....WHAT IS THE WORD I WOULD BE LOOKING FOR ..AS FAR AS THE COVER IT UP??

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Loren

Juris Doctor

37,038 satisfied customers
Last year around this time I had a fight with my husband and

Hi William last year around this time I had a fight with my husband and I got hurt so I went to the emergency because I couldn't even stand on my feet. When I got there I didn't tell them what had happened exactly and just told them I fell and my need was hurting. So they called the police on my permission of course. When the police came I panic and I talk them my husband didn't hurt me on purpose. After they brought me some paper to signe and I refuse to signe because I taught they going to arrest him and I didn't want that. My husband was arrested before for domestique violence before. They did XRay and told me I had sprain need. And then they did another diagnostic saying that I have mood swing or mood desorder and they gave me a prescription of trazodone and I was released. So I took the medecine at around 2 or 3 in the morning and went to bed. The next day I was still in pain and I called the Ambulance . When they came they wanted my husband to take me to the hospital but I had no desire to ride with him and They had no clou of what happened. I talk they no and they took me to the Emergency again. That was around 10am and they did some exam and told me they can't find anything. My husband joined me at the hospital and waited for me. While we were waiting I started to hallucinate and was completely lost. My husband told them a bunch of staff and they diagnosed me again with psychosis and locked me up for 10 days giving me the same medication and they even added another one and I was completely lost while on the medication but no one could tell I was reacting to the medication . When I was off the medication I had a spychiatric evaluation and he wrote me a statement say that he is not seeing anything wrong with me. Now my question is how do I get that diagnostic off my medical record? I don't want it in my record because my husband have tried to use it again me and We have 3 kids and still married.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
I had unprotected sex with someone and later found out i

i had unprotected sex with someone and later found out i have herpes can i be sued and what would he have to prove

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Lucy, Esq.

Juris Doctor

30,310 satisfied customers
Story short. A friend of mine was in an auto accident

Long story short. A friend of mine was in an auto accident recently and her car turned over three times and she was taken to the hospital and treated. They say it was due to epilepsy but yet she had no medical history pertaining to this illness. Then, they said it could have been a one time only event? Anyway, the prosecutor and attorney came to a plea bargain that she got two points for accident and for not wearing a seat belt (which she was and had a witness but in this NJ traffic court I guess it didn't matter and they didn't seem to care). The main question is that while she was in the hospital with a friend of hers who had just been with her prior to the accident and can testify that she was out of it with all of her injuries sustained and couldn't even carry on a conversation clearly with a doctor/nurse. There were 6 other people either in a car or on the sidewalk when the accident happened that now says they were affected (for one reason after the other) by this accident and one of them is saying that she "recognized Susanne's voice (while she was also being treated at the same hospital) when she couldn't even see her as she was in a separate room with a drape closed or door closed" as she wants to get something out of this. Question: Is my friend protected by the NJ Hippa Laws which is the real question and what information can be used to protect her from "hearsay". Due to the fact that I am a legal secretary I feel that this is absurd; illegal; and cannot be used in a court of law even if it is only a traffic court. What do you think and is there anything that I can print that she could take to court regarding this issue with the Hippa Laws? Oh, she has an elderly "old friend" attorney who is not representing her fairly and doesn't even want to be bothered with submitting anything to the court concerning the above. He just seems to want the retainer money and really doesn't know anything about Hippa. Can you help. Her friend, Barbara.

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
This is a question about the possibility of medical

This is a question about the possibility of medical malpractice - Just in a nutshell to start with my 91 yr old mother recently passed away 10 weeks after an open back laminectomy. My brother, an MD who had POA for my mother pushed her into the surgery although he admits that she was very frail before the surgery and even possibly actively dying before the surgery. I believe my brother and the surgeon inappropriately performed an incredibly stressful procedure on my mother when medication and other options should have been used to alleviate her back pain. I even suspect my brother of pushing her into the surgery in order to accelerate her death ( her hospice physician verified that the surgery caused a much quicker demise) due to a variety of difficult problems we would have had to deal with if she had lived longer. I suspect the surgeon of going along with the surgery for monetary gain. I believe it would be very easy to prove that my mother never should have had the surgery and that she would have had significant time left to live without it. What can be done about a case like this?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
I suffered lingual nerve damage after wisdom tooth

I suffered lingual nerve damage after wisdom tooth extraction. I suffer from numbness on the left side of my mouth, loss of taste, ear pain, some slured speech and my mouth feels like it's on fire. The dentist was supposed to remove 3 teeth and after the procedure I was at hime and discoved he removed 5 teeth.I recently asked a dental expert about my situation and sent my xrays to him..He responded by saying "I was butchered and need to seek a dental malpractice lawyer. "I would like to have my case reviewed and see what type of case I have. I have suffered additional damages from the wisdom extraction that needs to be repaired.What information do I need to send so you can evaluate the situation?

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Legal-Kal

Attorney

J.D.

1,054 satisfied customers
I am in the process of having extensive repair work done to

I am in the process of having extensive repair work done to my teeth following a head on collision that I was not at fault for. The oral surgeon had submitted for an authorization for the work that needed to be done for three of my teeth that were knocked out or broken in half because of this. I was told following their receipt that I would need $485.00 upfront. I and my son were medivaced from the scene of the accident which was very costly. I then started questioning this as I had a lengthy stay in the hospital from ICU to then two weeks in the orthopedic/general medicine followed to being released and placed in a rehabilitation center for two more weeks to learn to walk with an armed walker as I had to have my severed thumb reattached. I questioned why after all the things done to me and the length of stay at the hospital etc.. why I would owe anything. I asked that an appeal be done. They said that the appeal was my responsibility as I was the insured. I was told that they wouldn't touch me unless I paid the $485.00 so my surgery was cancelled. On contacting my insurance company, I was told I was right that I was covered at 100% UCR in both my in Network coverage and also my Out of Network coverage. My insurance company then sent me a letter in writing to give to the oral surgeon. I took it to the surgeons office and they started the implant on one of my lost teeth. Two weeks later, I get a bill from the oral surgeons off requesting over $2300.00 in unpaid fees. I assured them that something had to be wrong as the letter I received clearly stated it was 100% covered. I couldn't understand how it went from me owing $485.00 then to $2300.00. I told them that I would have to once again appeal this with my insurance company cause something was seriously wrong. On contacting the insurance company, I was told that my injuries to my mouth were to be submitted to my medical carrier and not my dental as this office had done. Also that the charges were usable dental codes recognized by medical insurance however there was no reference that it was the result of a car accident which also could make a difference in the reimbursement from my health insurance carrier. I addressed this with the oral surgeons office and they became very uncooperative and demanded the $2300.00 and told me straight up that they would do nothing more for me until it was paid. Shortly after this the temporary crown they placed over the implant post came off and since I was told not to come back until I came in with the money I owed I went to my regular dentist who is the one who referred me to this oral surgeon. My dentist said he could replace the temporary crown but would need my models and X-Rays from the oral surgeon. He said give me a moment and I'll call over there and ask about obtaining them. He left and shortly after returned. His demeanor had changed and he quickly took off his latex gloves and said to me that he couldn't help me and ask if I had refused to pay what I owed to the oral surgeons office. I told him that yes, I had a balance that I was fighting my insurance about paying correctly but hadn't refused to pay it. He then told me not to return to him either until I had paid what was do to the oral surgeon. I was very embarrassed and taken a back that the oral surgeon had taken the liberty to discuss my bill with my dentists office as if I was a common criminal. No telling them that I was working on appealing it to get them as much money as possible for their services. Can a doctors office divulge to another doctors off that a patient has an outstanding bill with them? I believe that this was between me and the oral surgeons office and cause deformation of my character with my dentist telling them I was refusing to pay a balance told to them, when that wasn't the case at all. The balance is in appeal with my insurance pending that it be resubmitted using accurate coding and necessary supporting information from the oral surgeons office, that they refuse to give me to send to them. Is this not a violation of HIPAA regulations by the Oral Surgeons office??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
My wife was told by her lawyer to sign settlement and return

My wife was told by her lawyer to sign settlement and return it to him right away. I think he should have had her in his office and explain settlement. She never meet her lawyer. Federal judge reduced settlement by 16 1/2 %. Lawyer took his 40 % than paid medicare subrogation. That makes me think that he took 40 % of subrogation. She received no information on subrogation. Saw a hospital bill that medecare paid them about $10000 in speed pay but the subrogation figures to be between $20000 and $30000. The Administrator determined settlement by how many days wife spent in hospital. Not that she will have to go to dyalsis for rest of life. Do I have the right to ask Subrogation for details. As the hospital could do nothing except keep her comfortable, many things on bill could have nothing to do with condition that caused law suit

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Legal-Kal

Attorney

J.D.

1,054 satisfied customers
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