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Norman Stiteler’s Answers

700 total

  • How can I get information on my son who is hospitalized, in san Antonio texas hospital, wife will not give me info

    My son was taken to a hospital in san Antonio Texas this past Tuesday. His wife will not cooperate and give me information about his condition, the name of hospital, or anything else. Hospitals will not give info due to HIPPA . What legal action c...

    Norman’s Answer

    This type of situation is a parent's nightmare, so please accept my sympathy. Unfortunately, there are few if any legal actions open to you due to federal laws governing privacy.

    If you feel it might be serious, call your daughter in law and tell her you would like to visit him at her convenience and see what her response is.

    I sense that perhaps you and you daughter in law don't see eye to eye on the subject of your son's marriage. Perhaps from a long term perspective you could improve your relationship with her. Let her know that you recognize her relationship is primary but you love your son too.

    Good luck with this.

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  • How can mental health records be kept from being disclosed in a personal injury case lawsuit?

    Mental health records were part of a previous lawsuit that had a stipulated protective order on it by all parties, it has nothing to do with the current situation. The current situation is personal injury but the mental health records were apart o...

    Norman’s Answer

    This is a great question with lots of state and federal legal issues, but it also one that requires direct knowledge of your legal situation and the prior situation. As the other attorneys have noted, you should raise the question with your current attorney and let them work with the question.

    Good luck!

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  • Does "health insurance" I'm required to provide for my daughter need to include dental & vision or just major medical?

    In my divorce decree & parenting plan it states that I am to be the parent that provides "health insurance coverage" for my daughter. Am I required to purchase dental & vision insurance also?

    Norman’s Answer

    First read the documents over very carefully, is there a section anywhere related to "definitions"? If so, does it define health care coverage within the context of the plan? For example, even if you are responsible for regular dental, is orthadontia included.

    If not, I suggest discussing this with the attorney who negotiated the divorce. If you do not have one, then before you start unilaterally interpreting legal documents, you should get one and follow the advice given.

    Finally, recognize that this is your daughter and ongoing dental care is very important to her health, particularly in the long term. Maybe this is an area in which you and your ex can come to a relatively harmonious and mutually satisfactory agreement.

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  • I think my patients rights were violated when a nurse left a tournica on my arm when iv moved it was there 4 to 5 hrs

    When discovered Tech nurse got very her cell phone and took picture then took to charge nurse so far no blood clots but where is picture? and before i left hospital it was widely known what happened. Where is privacy? Policy

    Norman’s Answer

    There is nothing in your question that suggests your PHI was actually inappropriately disclosed. Individuals who are involved in the care of a patient are permitted to have access to that patient's information.

    Still, I am not licensed in Arizona, so a visit to a local attorney familiar with state law might help settle the issue.

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  • Can I sue?

    Can I sue a hospital for violating my HIPPA ACT rights? They verbally apologized but I'M NOT GOOD BUYING IT.

    Norman’s Answer

    Let me ask a question, how did the hospital violate your privacy rights? What sort of information was disclosed and to whom?

    The reason I ask is that while HIPAA puts into place rules that govern how Patient Health Information is handled by covered entities such as hospitals, it's focus when a violation occurs is corrective action rather than to provide the patient a remedy, or as the other attorneys have noted, patients have no individual or private right of action.

    However, if you feel that the disclosure was significant, I would suggest that you write to the attorney general of your state who can take up the case if he or she wishes.

    There have been only a couple of cases where recovery has been made due to a HIPAA related disclosure, but these cases were characterized by financial losses that resulted from the disclosure.

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  • Can a judge tell me that I can't take suboxone even if it's prescribed to me by my doctor

    im on probation for a crime I didn't comit originally I was invited on five felonies but after the D.A. heard my side of the story he offered me a plea deal of a single missdimeaner count of battery. Which I didn't even do that all I Did was prote...

    Norman’s Answer

    This is a difficult question to answer because you haven't really given much information to work with. Are you in waiting trial, out on bail, in jail or on probation? Has he ordered you couldn't get treatment or merely that you can't test positive for opiates (remember Suboxene is an opiate.) Has the issue been raised by your attorney to the judge?

    With a little more information, you can get better advice.

    Finally, I don't think this is really a medical or health care question, maybe criminal defense would be closer,

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  • Breach of confidentiality by my counselor, at my treatment center, is causing serious problems in my home life, what can I do?

    My fiancé and I attend the same methadone clinic. I just had our first baby 4 months ago. I am aware that it is against the rules for staff, at the clinic, to discuss anything said during our counseling sessions. They are not even allowed to confi...

    Norman’s Answer

    I am not licensed in California, so detailed advice should be sought from an appropriately licensed attorney to determine if you might have some legal recourse.

    That being said, you should remember, these counselors work in the same program, which probably has formal meetings in which they discuss their patients. This is done to imprpve the care being rendered and to reduce the 'splitting' often encountered when working with D&A patients. Since the discussion was held within the treatment staff there is probably not a breach.

    However, as I noted, you would get a more precise opinion by approaching an attorney near you who is familiar with California law.

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  • If a physician refuses to return your call and you are unable to obtain your medial records, what is my recourse?

    Physician was treating my son, he had a personal conflict with me as we worked together. I called five times in order to have medical records and clinical notes transfered and they refused to return my call.

    Norman’s Answer

    In general i agree with my colleagues. However, i would suggest sending a letter to the physician and waiting a reasonable period of time prior to proceeding into any formal complaint. If you do not, the entire thing becomes a sort of he said, she said. You will say you called and the office will claim you didn't. Further, they may claim they didn't have an appropriate authorization to release the records, and they would be in part correct.

    Remember to keep a copy of your request, send the original certified. This way, you have established some proof that will be more difficult to deny.

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  • Medical records changed. Can they legally change the records on what happened?

    I had a baby at UT medical center June 2013, and I also have a severe phobia of needles and had to be sedated. I was only sedated via gas, but now my records state that I was sedated via Ketamine compound as an oral ingestion and then sedated. I n...

    Norman’s Answer

    Under HIPAA, you have the right to request the record be amended to correct the error. Every hospital is required to send you the form. Once they receive the form the physician or other provider has to indicate whether they will adopt the requested change.

    However, the provider is not required to make the change if he or she believes the record was correct. Once they have decided, the hospital has an obligation to inform you of the decision.

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  • I won't pay a medical bill because no medical care was received from physician. i will pay office visit cost only.

    He took unauthorized x-rays and I didn't need them so I'm not paying for them. He did no medical care at all. What happens to the unpaid balance? Can it go to collections or should I hire an attorney to fight the bill?

    Norman’s Answer

    I don't understand, where were you when he took the xrays? If you were there and didn't object or ask questions, why would your physician not believe you were consenting to the xrays?

    With rezspect to the bill, yes, if you don't pay it will probably go to collections. Also, of course you can get an attorney, but unless there is something here that you haven't outlined, I do not hold out much hope.

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