Soon as WW 2 vet-parent irately asked me while out @ lunch "Are you having me investigated? My PA @ the VA told me I'm being investigated & "for it to be legal it must be by a next of kin"!, did I soon intuit a non-kin, DOER (my landlord @ the time) & begin to visit/research the VA & its codes. On va. gov websites' Q&A forum it states in answer to the Q, "Does VA provide Legal Services?", "The Dept. of Vets' Affairs doesn't provide legal services & can't provide advice about obtaining legal services." On P. 3 of VA's Privacy Practices Rules regarding a breach of a Vets Health Information states, "If a breach of any of your protected health-info occurs, we will notify you & provide instruction for further actions you should take, if any" (too adverse for PA to just say "Mrs. O, a breach of your health-info is underway; as VA-P. Adv., I'm only obligated to advise you to obtain a lawyer in regards to the breach"..?) One internet definition of Legal Advice states: "LA" is the giving of a professional or formal opinion (by PA) regarding the substance or procedure of the law (law of an investigation of a person) in relation to a particular factual situation (Health-info breach of MoM)
This fact patter doesn't lay out anything indicating to me that the patient advocate was engaged in the practice of law. The PA may have been giving an opinion, and it may have been of a professional nature--but of the PA's profession, (as a medically-related opinion); that doesn't make it a legal opinion.
Your summary of the facts is very confusing. Generally speaking, providing legal advice is tantamount to practicing law. And you have to be a licensed attorney to do that. But I don't see where anyone provided legal advice in your description above.
I agree with Mr. Drew. This does not sound like legal advice, but merely their opinion. Remember, all because it is on the Internet doesn't mean it is true.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
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