Lawyers, Answer Questions  & Get Points Log In
Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Florida on
Q: for a poa health directive how can 2 people be the agent with the same power
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

The medical care provider would probably want to read the text of the directive to see whether both agents are needed to authorize any medical procedure.

1 Answer | Asked in Health Care Law for Florida on
Q: I had a baby back in March. Hospital did not provide an estimate of charges upon my several requests. They only said...

it would be the reminder of my maximum out of pocket. Four months later, they send me a bill for regular services provided to my baby post-delivery. I also requested an estimate of charges at the hospital, and nurse in charge said hospital doesn't provide estimate of charges. I believe this is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Your belief that your rights have been violated is incorrect; what is your question?

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: Insurance company charging a 1100% markup for wrist braces, anything I can do?

My insurance company is charging a 1100% markup for wrist braces, discounted to 450% for in-network.

First, my doctors office told me the cost for the braces was $10.40 when I asked how much they were. A week later I received a bill for $224 (discounted from $566)

They admitted... Read more »

Jane Kim
Jane Kim answered on Jul 18, 2021

American healthcare is unlike any other business of supply and demand. In the healthcare world, the healthcare provider and the health plan agree on prices. You as the consumer (patient) do not dictate, negotiate or drive pricing up or down. You agree to pay the health plan premiums without price... Read more »

1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: I'm in Florida. My son's mother is renewing her Medicaid and she's asking for gross income from me this time?

She has never asked for this in the past years

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2021

People on Medicaid have to reapply for continuation of there benefits every three or four years. And the government's rules governing who gets Medicaid are changing. The new rules and application procedures and approval criteria will be able to thin the herd by finding other sources of support.

1 Answer | Asked in Divorce, Child Custody and Health Care Law for Florida on
Q: What happens if my ex takes my kid to the doctor without permission?
Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... Read more »

1 Answer | Asked in Health Care Law and Immigration Law for Florida on
Q: I just found out I am pregnant. I do not have my SSN yet. Can I apply for any health insurance with my ITIN number?

Based in FL

Agnes Jury
Agnes Jury answered on Apr 7, 2021

It is up to the health insurance provider whether they will accept an ITIN number instead of SSN. Some do, others don't. If you are an immigrant, be careful about getting benefits that may cause you to be considered a "public charge".... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: I was kicked out of my doctors office today because I took my pain pills as needed and have some left over and shouldn’t

I have been on pain pills since 1990. I have arachnoiditis and take pills as needed. The last 2 visits he asked me how many I take a day. It depends if I need it or not. I lay in bed all day. I said sometimes I only take 2 a day because that is all I need and he kicked me out of his office and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 7, 2021

No physician is required to continue treating a patient, especially if the physician feels that to continue treating the patient and prescribing medication would violate his professional standards. You can always try to find another physician who agrees with you regarding the proper course of... Read more »

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Almost lost a foot because ER sewed up a wound they shouldn't have.

My boyfriend had an accident where an axe ended up in his foot. He went to the ER and they sewed him up and sent him home. He saw a podiatrist days later, who told him they should never have sewn him up. He ended up having to stay in the hospital for over a week while they fought the infection that... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to answer your question as to whether your boyfriend has a case based on these brief facts. To answer your question, most attorneys would want to see medical records and consult... Read more »

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

1 Answer | Asked in Health Care Law for Florida on
Q: hi. i am looking for an attorney to help me get my nursing license reinstated. i was licensed in florida

my license was suspended in 2004. i am ready to fight to get reinstated but i dont have 10000$ to pay an attorney to get it back. please help

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

Only a Florida attorney could advise you on this, but your question remains open for two weeks. I'm sorry that happened to you, given the investment and sacrifice involved in obtaining such a difficult license. As a GENERAL matter, you could contact other attorneys to discuss pricing. Licenses... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: My Primary Care Physician has falsely entered in my medical records that I have an "Alcohol Dependence" problem

I recently discovered that my Primary Care Physician has entered in my medical records that I have an "Alcohol Dependence" problem. This is inaccurate, as by a standard AUDIT test I score 4 and am not in such a category, which requires a score of 8 or more. Their entry is unfounded and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

A Florida attorney could advise best, but your question remains open for two weeks. I don't blame you for your take on the determination - it is harmful to you, based on the incorrect information you describe, and you have the right to want it corrected. Politely ask your doctor to review your... Read more »

1 Answer | Asked in Employment Discrimination and Health Care Law for Florida on
Q: I'm working at home. My employer is requesting me to send daily reports of temps. Can they do that even with me at home?

A large part of my job moved everyone to work from home back in March. We are all working remotely and no one plans on returning. ( Our employer agreed and likes us working from home.) They have requested that everyone has to send them daily temps for those working at home and in the office. For... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

It doesn't seem to make much sense, but you had better do it. You give up any right to privacy when you agree to work from home. If you don't like it you can always quit.

2 Answers | Asked in Criminal Law, Health Care Law and Sexual Harassment for Florida on
Q: wife is 34 wks pregnant, due To sexual harassments from her doctor, we need a transfer of care but the dr refuse to give

We have been trying to get a transfer of care referral from her current doctor, he is refusing to give that To her. Because he thinks she is leaving him to a doctor that he referred her to go, to get our babys ultrasound. But in reality is because sexual harassment she suffered from him. What can i... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 17, 2020

Get all of your evidence together and find a lawyer who will write a letter to your insurance company and/or file a declaratory action in Court or simply find another doctor...

View More Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Last month I had an MRI done on my spine and the hospital I went to basically didn't want to do anything knowing I had i

Back in 2019 December 13th I had surgery done on my stomach ever since then I haven't been feeling right I've been in a lot of pain in my stomach and back haven't been able to eat right all this other stuff come to find out a couple weeks ago I went to the hospital had an MRI done... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

A Florida attorney could advise best, but your post remains open for two weeks. You've provided considerable information, but there didn't appear to be a question. If you are wondering whether you have legal rights stemming from medical care you received, one option is to contact a med... Read more »

1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.