Can we sue a drug and alcohol treatment facility for refusing a refund on services never received?

When my brother arrived at X drug recovery to begin his 4th month of treatment my mother paid $14,000 IN ADVANCE for 30 days of treatment, as she had done in the past.

8 days later my brother left treatment and my mother contacted the rehab center for a refund of the $14,000 less the cost of 8 days of treatment (approx $10,000).

It's been thirty days since her initial request for a refund. They have gotten back to her several times encouraing her to take a settlement amount of $6500 along with a statement that the matter is conlcuded.

They state they are not obligatged to issue a refund because of circumstances related to how my brother left (a counselor gave him cash and allowed him an unmonitored trip to a liquor store where he purchased alcohol and consumed on facility grounds).

Nathan’s Answer

You should supply an attorney with a copy of the contract, along with all communications with the treatment center to give you an opinion on how best to approach this matter. Some attorneys will negotiate a deal with the treatment center even if the contract is clear that there are no refunds, because of the additional facts you mention, since perhaps your brother was forced to leave due to improper behavior by staff at the facility.

I work for in-home services,i am forced to lie on my timesheets!

The patient has dementia and its recently got worse.However all the hours im spending with her i noted on timesheet and it was rejected.County worker told me to not exceed 23hours on each timesheet.Timesheets are from 1-15of every month.So now i must lie on timesheet and not write down the real amount of time spent supervising this patient.Every minute with her is necessary .please advise

Nathan’s Answer

Please consult with an attorney - the attorney will need to understand the relationship between the county and the in-home services entity you work for, especially if the county is reimbursing the entity.

Can a hospital not transfer family to another hospital, and place them on a hold because I will not sign detain & treat form?

Hello, I am the LPS Conservator for my younger sibling who is currently in the emergency room at Southern California Hospital (SCH) in Culver City CA. I presented my LPS Conservator documents to the staff this morning at 9:00 AM. My family member was transferred to SCH from a San Fernando Valley nursing home yesterday after I request them to send my sibling to Harbor UCLA Medical Center or College Medical Center. Last night, I informed the staff at SCH that I would like my family member to be transfer to Harbor UCLA Medical Center, and they refused to comply. I refused to sign the detain and treat form. The social work mentioned today that because I refused to sign the detain and treat form my sibling is on a hold, but she did state what type of hold.

Nathan’s Answer

Your sibling may be on an involuntary psychiatric hold for 72 hours. You do not state why they were admitted to the ER, but if they mentioned they'd like to commit suicide, for example, then a determination may have been made that your sibling is a danger to themselves, to others, or are gravely disabled, meaning they cannot take care of themselves in the necessary manner regarding food, shelter, etc. Try to make contact with a patient's right advocate if one exists at the facility you are at now. Also, if you feel the commitment is unlawful, there is a certification hearing after the 3 day period, and there are opportunities to file a writ in the superior court to help release your sibling. However, if there is genuine medical concern, it may be in your sibling's best interest to receive treatment.

My child was placed on a 72 hr hold now the dr wants to place a 14 day hold

my child was placed on a 72 hr mental hold. today the hold expires at 7:10 now the dr says he is puttin a 14 day hold when i said i wanted to sign her out. he stated he is unsure if shes a threat, i ask how he asses this when he spends less than 5 min talking to her and only twice in the three days shes been here. he said he only prescribes,the medicines.so how can he place a hold? they drew her blood without my conscent, i have signed no papers here at all.he wont let me see her medical records to show me why he thinks she "maybe" a threat to herself.hey have never called me to discuss her treatment plan except one call asking to give her prozak i declined and one to set up a family cpunseling. but no one about her treatment plan. they refused to let me sign her out ama

Nathan’s Answer

A child may be detained beyond the 72 hour psychiatric hold for 14 days if there is a finding that the child requires intensive treatment - there is a certification review hearing by the 4th day where the child is allowed the option of representation by a patients' right advocate or attorney. There can be additional 14 day holds after the first 14 days for suicidal behavior, and 180 day hold if the child is determined to be a danger to others. If you remain concerned, you should contact an attorney who focuses on this for further guidance.

“If an ER patient (developmentally disabled) was inappropriately restrained, can a civil suit be filed?

There were no physical damages due to this restraint, the pt (very limited verbal communication skills) was left unattended without basic comfort needs met, nor were seizure precautions in place. His last visit to St. Agnes ER and subsequent admit was due to seizure activity related to an electrolyte imbalance. The charge nurse refused my request to see my son 3 times over more than an hour for an unknown reason and refused to give me an update on his condition (I am his legal conservator). There is no possibility of showing emotional damages.

Nathan’s Answer

I'm sorry to hear of what must have been a frustrating experience. On one hand, you know this is an urgent situation and you want updates; on the other hand, medical professionals need to do what is medically necessary for patient's well-being even if it is unsavory to the average onlooker.

If your son was restrained due to seizures, there must have been a determination made that he was being unsafe to himself and/or others. It is often the case where seizures are involved that the patient is restrained and no timely information is given to family members in the family room. The reasons are multitudinous ranging from the fact patient may be being whisked to an MRI scan, to the patient is being observed and a family member's presence might interfere with that process. If there were no physical damages and emotional damages could not be proven (especially difficult to show if patient was in and out of consciousness) then a civil suit is unlikely to prevail. Normally, nurses sit right outside the room in which patient is restrained so the patient is in fact being attended to even if no one is in the room at all times.

If I am denied a medical procedure and have appealed it to the state do I have 2 wait for the state to decide?

I'm receiving mass phone calls from companies stating they want to schedule my MRI. At this point, I'm confused as to what to do.

Nathan’s Answer

Medical necessity dictates whether you will be cleared for an MRI. How long a timeline you have been given in an appeal will help determine your next steps.

Able to sit for NCLEX while on DUI probation?

Pulled over for DUI this month in Long Beach and court date in a couple of weeks for DUI. I got a lawyer in hopes for reduces charges and praying for the best. I am finishing nursing school in 5 weeks and wonder if I will ever be able to sit for the NCLEX?

Nathan’s Answer

You will be able to sit for the exam but a statement of issues will be filed against you since you are an applicant. Passing the exam will not be a helpful factor in you obtaining the license since your exam scores will not be released until after the dust settles in regards to any defense to your statement of issues. If you are fortunate, you will obtain a probationary license with conditions attached as you move forward, rather than an outright denial. If you have already submitted an application, you have a continuing duty to update that application truthfully.

Can my doctor bill me $11,000.00 for a surgery that her staff and medical billing person said would be In-Network and paid 100%

Multiple times the office person said the Dr. is in-network. The doctors billing company said that the bills would be billed as in net-work. I verified the MPI billing number given to me by the Dr. office person with the health insurance co. and it came up as In-network. Insurance said they didn't see Dr. in network, but if used MPI it would be paid in-network. All my bill previous to surgery were paid in-network ( it took them 3 times to bill in-network). Now they called and said they made a mistake and Dr. really not in-network and trying to bill me full price for surgery.

Nathan’s Answer

It is uncertain why insurer would tell you that the doctor is not in network but that if the billing number was used, it would be considered an in network procedure. The situation warrants further investigation by counsel of your choice.

Is a Health Care Provider-Patient Arbitration Agreement enforceable if the patient was not supplied a copy signed by the doctor?

I signed a Health Care Provider-Patient Arbitration Agreement with a chiropractor that falsely diagnosed me and then sold me treatment for the non-existing condition. I want to take him to small claims court to get a refund for the cost of the treatment. The copy of the arbitration agreement that I have does not have the doctors signature of any of his information on it at all. Is it enforceable?

Nathan’s Answer

It may be enforceable against you if you signed. However, fraud if proven, can be used to short circuit an arbitration clause. You may want to speak with an attorney over consultation.

Can my psychiatrists medical group dismiss me without notifying me?

I called my psychiatrists office to schedule an appointment to see my psychiatrist and get a refill of my medication but when I called they told me I had been dismissed and could no longer be seen there. I have been going there for about 8 years. They said I was dismissed for canceling more than 2 appointments. I was never informed about these conditions. My psychiatrist was only in the office 2 times a month and there have been times where I was unable to get off work and our schedule was made on Sundays so when my appointment would be Mondays I wouldn't know until Sunday night and there was no way to inform them until Monday morning. Now I've read that a patient could not be dismissed until certain steps were followed like receiving a letter informing them they were going to be dismissed

Nathan’s Answer

The group is different than the psychiatrist. The psychiatrist has duties toward you like referring you if they can no longer serve you. Economic decisions do not usually justify or supersede ethical ones. Please obtain a free consultation by a qualified attorney.