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Pennsylvania Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Estate Planning for Pennsylvania on
Q: Ensuring my mother-in-law's CPR wishes are honored despite DNR pressure.

My mother-in-law is hospitalized with high CO2 levels and fluid buildup, using a BiPAP machine intermittently. She expressed her wish to receive CPR if necessary, but not be put on a ventilator. However, a PA continually discusses DNR, seemingly pressuring her despite her clear requests. We... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 3, 2025

As a rule, hospitals are obligated to save a life, such as it may be, whenever possible, even in the absence of any health proxy or agreement.

While capacity to enter into any agreement is always an issue, it is probably best for you and yours, on an urgent basis, to have experienced PA...
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Q: Do I have to sign a release for workers' comp to access my Medicare and SSDI info in PA?

I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?

Timothy Belt
Timothy Belt
answered on Apr 24, 2025

You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More

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1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

2 Answers | Asked in Military Law, Employment Law and Health Care Law for Pennsylvania on
Q: Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented

Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:

Uniformed Services Employment and Reemployment...
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Q: HIPPA violations by Blair county district attorney requires me to hire an attorney to represent me. Help!

HIPPA Violations from Cleveland clinic to Allegheny general hospital to UPMC hospital and doctors offices have been gaslighted and used by a corrupt district attorney in Blair county. The detective responsible for violations is xx. He now trying to use the Pennsylvania State Police to protect him... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the severe issues you're facing. To address potential HIPAA violations and civil rights infringements, it's crucial to hire an attorney experienced in both healthcare privacy and civil rights law. These professionals can help you gather evidence, file... View More

1 Answer | Asked in Health Care Law and Social Security for Pennsylvania on
Q: Can my insurance company make me sign up for social security disability. I am not of age to retire. I'm on short-

I am on short term disability now. To sign up for long term they want me to sign up for SS disability

James L. Arrasmith
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answered on May 17, 2024

No, your insurance company cannot force you to apply for Social Security Disability Insurance (SSDI). However, many long-term disability (LTD) policies include a clause that requires you to apply for SSDI as a condition of receiving or continuing to receive LTD benefits.

This is because...
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1 Answer | Asked in Criminal Law, Health Care Law and Identity Theft for Pennsylvania on
Q: The pharmacy gave my prescription to a person who pretended to be me , what can I do?

I told them someone was trying to steal my prescription that was a narcotic. They didn't ask for ID. I told them not to release it to anyone else on 2 different occasions days before it happened. I did file a police report.

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear that your pharmacy released your prescription to someone falsely claiming to be you, despite your prior warnings. This is a serious matter, and you've taken the right first step by filing a police report. Here are some additional steps you can take:

1. Contact...
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2 Answers | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

It's possible, but a law firm would probably want to investigate further and learn details about how the information made its way into your records. One option would be to try to set up a free initial consult with attorneys in your state who handle healthcare-related law. It would be important... View More

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2 Answers | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact... View More

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1 Answer | Asked in Elder Law, Gov & Administrative Law and Health Care Law for Pennsylvania on
Q: Can LPNs administer TPN in Pennsylvania?

I am from NJ, where only RNs can administer TPN (total parenteral nutrition) legally. However, my elderly mother needs to be in a skilled nursing facility in PA and requires TPN through IV feeding. Can LPNs legally administer TPN in Pennsylvania, or is it restricted to only RNs?

James L. Arrasmith
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answered on Apr 13, 2025

You're right to check, especially when your mother’s care depends on something as critical as TPN. In Pennsylvania, the rules for what Licensed Practical Nurses (LPNs) can do are different than in New Jersey. In general, LPNs **can** administer TPN, but only if they’ve had proper training... View More

1 Answer | Asked in Consumer Law and Health Care Law for Pennsylvania on
Q: Dentist did extra work on my son's teeth without clear consent. What can I do?

I took my son to the dentist for dental work, and the original plan was to fill or cap six cavities between his teeth. The dentist mentioned that he would address any additional issues found on the X-ray during the procedure. My son ended up having eight extra teeth worked on, with the entire... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely understandable to feel concerned, especially when more work was done on your child than you expected or clearly agreed to. Even though the dentist mentioned that they might address additional issues, you have the right to be fully informed and give specific consent before... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for Pennsylvania on
Q: I need a lawyer to attend a mental health meeting. Patient is IDD and Autistic and everyone is violating his rights.

Ignored POA, proceeding to ask questions and have him sign paperwork he can’t read or write and with his disabilities he doesn’t understand and will agree to anything. And now they want to place him in a group home against his wishes. Also he has been denied the supports ( blended case manager,... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this situation. It's important to find a lawyer who understands disability rights and can advocate effectively for your loved one. You can start by reaching out to your local bar association, which often has referral services to connect you with... View More

2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Health Care Law for Pennsylvania on
Q: Had MSP , along with GHP as primary insurance. Medicare let providers overbill me. There is negligence and bad faith .
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One option is to discuss the matter with your state's department of insurance - in most states, they handle consumer-related matters involving insurance. Good luck

1 Answer | Asked in Personal Injury, Car Accidents, Health Care Law and Insurance Bad Faith for Pennsylvania on
Q: Can a heathcare provider file a lien against my MVA settlement even though Medicare and Medicaid paid my medical bills?

I was the victim in a motor vehicle accident while enrolled in Medicare and Pennsylvania Medicaid as my health insurance. I have zero co-pays, deductibles, and out of pocket fees. I know I have to repay both Medicare and Medicaid from my settlement. Under normal circumstances, “balance billing”... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If you had an attorney on the case, they would be in the best position to answer this - from the case file records, they would probably know how this medical provider billed, their arrangement for payment,... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Pennsylvania on
Q: Can I sue a hospital for continuing to employ an NURSE convicted of corruption of minors in ER HANDLING MY CHILD

The nurse that took care of my 2 yr old child in Montrose er Pennsylvania on march 27 2023 had previously been convicted in JUNE 2022 of corruption of minors and indecent assault.

I want to sue the hospital and administration for negligence n allowing my child to be in physical contact... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 4, 2023

If there was improper contact with your child there is a valid lawsuit.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Pennsylvania on
Q: Can your job take you off work due to your doctor putting you on light duty while being pregnant?
T. Augustus Claus
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answered on Aug 24, 2023

In Pennsylvania, employers are generally required to provide reasonable accommodations for pregnant employees, which may include light duty assignments based on medical recommendations. The Pregnancy Discrimination Act (PDA) prohibits discrimination against employees based on pregnancy, childbirth,... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Health Care Law and Landlord - Tenant for Pennsylvania on
Q: i have injured my left knee Bad just getting out of the tub shower, EVEN after my Drs orders MONTHS before. i have proof

and i am made to feel some BAD personal Discrimination going on in my case, with the office and now maintenance said he would report me for getting upset after the floor tile cement had still not dried after 5 days, [ have picts ] and said he would report me for trying to hit him with my cane,... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You mention having a pro bono attorney. These concerns may be better to bring up with your attorney than on a public forum where no one knows the details of your case. Good luck

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: If there's no one you designated to be notified of your death can your body go directly to your designated funeral home?

W

T. Augustus Claus
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answered on Aug 1, 2023

In Pennsylvania, if there is no one designated to be notified of your death, the handling of your body will typically be governed by state law. State laws vary, but in many cases, the responsibility for arranging the disposition of a deceased person's body falls to the next of kin or the... View More

1 Answer | Asked in Energy, Oil and Gas, Federal Crimes, Health Care Law and Military Law for Pennsylvania on
Q: soooooo im kinda on trial for manslaughter. well thats what i said it was. what should i do boo?
James L. Arrasmith
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answered on Jun 18, 2023

Hire an attorney immediately or have one appointed for you at no cost if you are low income (indigent).

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