While privacy is obviously something we think that we want more of, many have had the problem of obtaining the cooperation of health care providers to give out personal information when a loved one is ill. This is not only a problem when we attempt to assist elderly family members, but also college age “children.” That’s right; you might think of your 18 year old as a child, but the law considers him or her to be an adult.
Privacy requirements are imposed by law. While California has its own privacy statute, the principal federal law is the Health Insurance Portability and Accountability Act of 1996 (”HIPAA”).
Many do not realize that in some circumstances a healthcare provider is not required to discuss healthcare decisions or conditions with even the patient’s spouse. For example, a recent publication of the Department of Health and Human Services makes it clear that, under HIPAA, hospitals and doctors are not required to communicate information even to close family members when the patient is unconscious. Doctors and hospitals have wide discretion based upon what they see as the “best interests” of the patient (whatever that means).
For example, that DHHS publication states: “If the patient is not present or is incapacitated, a health care provider may share the patient’s information with family, friends, or others as long as the health care provider determines, based on professional judgment, that it is in the best interest of the patient.” (Bold emphasis mine.)
Here are some specific examples from the same DHHS publication:
“o A surgeon who did emergency surgery on a patient may tell the patient’s spouse about the patient’s condition while the patient is unconscious.
o A pharmacist may give a prescription to a patient’s friend who the patient has sent to pick up the prescription.
o A hospital may discuss a patient’s bill with her adult son who calls the hospital with questions about charges to his mother’s account.
o A health care provider may give information regarding a patient’s drug dosage to the patient’s health aide who calls the provider with questions about the particular prescription.” (Bold emphasis mine.)
This is legal language. “May” means discretionary. “Shall” is mandatory. In summary: They don’t have to tell you anything. It behooves all of us to make sure that we all sign HIPAA release forms authorizing the disclosure of private medical information of our close family members in case of an emergency.
You should contact an attorney to assist you in preparing a HIPAA release form, as part of an overall estate plan. Having a release may help you persuade reluctant healthcare providers to provide the information you need to make informed decisions about your loved one.
Disclaimer: The information in this article is not legal advice, and the use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on this article or any links from this article is expressly disclaimed. This article is not to be acted upon as if it were legal advice, and is subject to change without notice, or may include obsolete or dated information, or information not relevant to your jurisdiction. If you require legal services, you should consult with an attorney.
By: Larry Stratton
Understanding the attorney fees would help you control your finances a whole lot better and help you make better financial decisions when working with your lawyer. The attorney fees could get substantial, and if you don’t fully understand them your bank account would very soon. Before you enter into a legal agreement with your chosen attorney, it would be in your best interest to have an understanding of the attorney fees so you can build a strong client-attorney working relationship with your lawyer without any financial disputes, which on the other hand would help your lawyer fully focus on your case. Provided here are overviews of attorney fees that you may expect when hiring a lawyer. But this is just to inform you. Always clearly communicate with your attorney the legal fees that apply to your case and don’t stop asking your attorney until you gain a full understanding of the legal costs that you will be responsible for.
Legal Fees
Some attorneys who enjoy higher reputation may charge more than the ones who don’t. But, those well-reputed lawyers may get the work done faster. The keyword here is “may.” That’s because lawyers consider several factors when setting their fees. It depends on how complicated your case is and the amount of time it will take to resolve the matter. Even though the trial itself may not take that long, researching the law, gathering the facts, interviewing witnesses, preparing all the needed documentation and arguments for the trial may take days, weeks and even months. In some cases unexpected developments may take place that will complicate your situation even further, which would result in higher fees.
You need to feel comfortable when discussing fees with your lawyer. Actually, you and your lawyer can negotiate almost any type of fee agreement. Besides the fee that you may pay for your first meeting, your lawyer could offer you a fixed, hourly, retainer, contingency, or a statutory fee. In addition to that, the same lawyer might charge more for the time spent in the courtroom than for hours spent in the office or library. But, you can agree to any one or a combination of these fees. The most common billing method is to charge a set amount for each hour of time the lawyer works on your case. What will work for you is what you need to discuss with your attorney and find a medium that will work for both of you. Don’t forget that your main goal is winning your case. The fees need not to spin you out of focus that may result in losing your case. On the other hand, if one attorney is not willing to meet you half way in regards to your ability in making the payment, consider talking to another attorney.
Fee Agreement
You need to get your fee agreement in writing. By law, contingency fees and non-contingency fees anticipated to be $1,000 or more must be in writing. But, it’s best to get any fee arrangement in writing no matter the amount because it provides a written record. This way, both you and your lawyer will know what to expect from each other as you work together on your case. Also, it steers clear from any confusion and misunderstanding that may affect your outcome. Try to avoid making oral agreements. But if you do make one with your lawyer, make a written note of it.
Your fee agreement needs to include what services are and aren’t covered under that agreement as well as the type and amount of fees you will be expected to pay. Also, the agreement might spell out your obligations as a client, as well as how the court fees and miscellaneous expenses will be handled. It could explain the attorney’s billing practices and state whether the lawyer is going to add interest or other charges to unpaid amounts. The lawyer may have a pre-printed fee agreement for you to sign. However, nothing is set in stone. You can always ask the lawyer to change parts of the agreement or make up a new one especially for your situation. If you’re not sure what to ask your lawyer regarding your fee agreement, feel free to bring some one with you at your initial meeting to help you out.
Do not sign the agreement if you don’t fully understand it. Also, do not sign it if something you have requested is not included or vice versa. You need to read it and fully understand it. Once you sign it, you fully agree to it. That’s important because if you have agreed to (signed) something that you “didn’t really agree” (as a result of not reading the agreement), or didn’t want, or didn’t fully understand, legal fees can add up very fast and cost you an arm and a leg. When you get your bill, it’s too late. Every story that you can read about people complaining against their attorneys regarding fees, it’s because the client signed up to something that they didn’t fully understand. Or, they’ve made oral agreements with no record.
Fee Arrangements – covered in Part 2 of this article.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
This is Part 1 of this 4-part article. Please refer to the other 3 parts to read this article in full.
By: Steve Dimeck
There are many things you can do to avoid an all-out war in divorce court. Here are 6 tips to keep in mind even before hiring a lawyer (these tips may not help you if there are issues of domestic violence in your case):
1. Understand that information is key. This applies to not just the information on financial issues or basic facts, but also to information on the divorce process and alternatives to fighting in divorce court. Get it while you’re not under the financial and emotional stress of a court case; you might be able to use it to make peace somewhere along the way.
2. Depending on your relationship with your spouse, discuss with him or her which approach you want to take first: mediation, mediation together with a lawyer for each, or just get separate lawyers. The chances for each of you to be satisfied–not happy, just satisfied–are better and will cost you less if you try either of the first two options before getting.
3. If you have children, speak with your spouse and try to get him or her to keep them out of the divorce. This means not using the children as weapons against each other and always trying to think of what’s in their best interest.
4. If you’re going to hire a lawyer, get referrals from your friends. Then, interview at least three lawyers before you hire any one. Understand that a lawyer is there to help you and guide you, but you are always the one in control of the decision to fight or settle some or all of the issues at any time.
5. Assess your case at every step. if nothing works and you end up fighting it out in divorce court, try to make assessments as often as you can to see what can be settled, and what must be decided by a judge.
6. If things become too much for you and your children, consider getting counseling for you and them. Divorce, even the friendliest one, is usually emotionally difficult.
These tips are not a guarantee that everything will be smooth sailing in your divorce. But staying aware and involved in the process will lessen the frustration and hurt that could cloud your judgment to help you resolve the situation.
For information on what to expect in divorce court,visit
DivorceCourtReport.com.
By: Vivian Rodriguez
