Lawyers, Answer Questions  & Get Points Log In
Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Can I sue the hospital for sending me home with severe sepsis without any antibiotics?

I was hospitalized for over 3 weeks at my local hospital. I went cause I had cellulitis & the medication my primary prescribed didn't work. By the time I went to the E.R. I had 3 different antibiotics thru about 2-3 weeks. Was told after the 2nd round if it didn't work to come to be... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2022

You will need to consult a medical malpractice attorney for an assessment of your case. Medical malpractice cases are complicated and fact intensive.

1 Answer | Asked in Civil Litigation and Health Care Law for Florida on
Q: what medical forms must be presented to the court as proof of the illness of a participant in the process?

Hello!

During the case in civil court, what medical forms must be presented to the court as proof of the illness of a participant in the process?

Are there special forms of medical certificates for the court?

Thanks in advance!

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

A Florida attorney could advise best, but your question remains open for two weeks. It isn't fully clear what type of matter this involves. But almost universally nationwide, any proceeding that requires verification of an injury, illness, disability, etc. will require supporting medical... Read more »

Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »

View More Answers

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for Florida on
Q: Hello, I am a 24 year old Florida Resident. My questions relates to a concealed weapon permit and purchase of firearms.

I have no criminal history or even traffic citations. I was however Baker Acted when I was 17 for suicidal ideation. I was not handcuffed and there was no police report. I wanted to know if this baker act would show up when applying for a concealed weapons permit or gun purchase (since I was a... Read more »

Stephen K. Brooks
Stephen K. Brooks
answered on Sep 12, 2022

Most likely the answer is yes, it will show up.

License to carry concealed weapon or firearm:

(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section....
Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: Good Morning, I have a ? My daughter which is 16 recently went to have STD check, do to unprotected.

My husband took her and requested to have blood work done for STD, pregnancy test A urine can check for Chlamydia & Gonorrhoeae . They did blood work for other , but the Physician & staff ended up getting her to sign consent for Pelvic , if needed? Then he used a speculum on her &... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 12, 2022

And what is your question? If you meant to ask if you can sue, the answer is probably not; your daughter doesn't appear to have suffered any significant money damages.

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

View More Answers

1 Answer | Asked in Health Care Law for Florida on
Q: Can a doctor or hospital Sue you for an unpaid amount for emergency surgery?

My brother-in-law recently had emergency to gallbladder surgery. He did not have insurance at the time of surgery injury and still does not have insurance because his employer does not offer it. He is being summoned to court and also threatened and to lose his Personal property and possessions ,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2022

Of course, happens all the time. He could probably protect himself by filing for bankruptcy protection.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Health Care Law for Florida on
Q: I had a pharmacist basically accuse me infront of other customers like i wrote a fake prescription for my adhd medicine

And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Employment Law for Florida on
Q: Can portable fans be used in food preparation areas
Charles M.  Baron
Charles M. Baron
answered on Jul 4, 2022

This would be a question to ask a government agency overseeing restaurant and grocery store food prep conditions. Inspections are conducted by the Fla. Dept. of Agriculture and Consumer Services, and regulations are imposed by the Fla. Dept. of Business and Professional Regulation. This website... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: I have been taking care of my mother and she wants to return to her house in PR but she is 89 years old. what can I do?

I live in Florida where she has been for the past 2 years. Can she return to her house ? She doesn’t have a car nor anyone to take care of her in PR. My brother washed his hand of having anything to do with her. He lives in PR.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

If she is in control of her mental faculties, of course she can. But you should try to persuade her to let you arrange someone to take care of her before she goes there.

1 Answer | Asked in Health Care Law for Florida on
Q: have a child(legal adult in FL.)moved Alabama got put in a MentalHealth Hospital,now they say can they charge me with

Son moves to Alabama and gets put in a MHH he is 18 and a legal resident of Florida. They are saying that if I don't pick him up today (found out yesterday) I'll be charged with abandonment and they will issues a warrant for me. All this coming from a ex friend and no one has called me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

While Alabama may think you "abandoned" him, what you did or didn't do wasn't in Alabama; it was in Florida. Alabama can't charge you because you didn't do it there. In any event, don't necessarily believe what ex-friends tell you.

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Florida on
Q: Medicaid application took too long to process, now responsible for $1,000 in medical bills for newborn. Can I sue?

I applied for Medicaid coverage for my newborn last month. Because they have taken so long to process the application, I will now be responsible for nearly 1,000 dollars in pediatrician bills. Can I sue the government?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

It is unlikely that you would prevail. The government, the federal government in this case, has probably not waived its sovereign immunity.

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Florida on
Q: My insurance company failed to provide a dentist covered in network in time to save teeth do I have a case?

I started a multiple root canal and crowns with my insurance last year in December, the max time to finish the procedure safely was 21 day, it took 114 days for them to provide a dentist that was in network and had not dropped them. I find this excessive and unreasonable, because the failure to... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

A Florida attorney could advise best, but your question remains open for two weeks. For this type of matter, an attorney could require a dental/oral surgery professional's opinion in terms of the impact of the delays. That's why the question is difficult to answer. You could reach out to... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim PRO label
answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Florida on
Q: Can ex claim son for medicaid benefits if he legally has no parental rights(never married) & son lives with mom 85%?

Parents never married. Father never petitioned the state for rights in either Ohio or Florida. No legal arrangement just verbal until March of 2022 when mother started a custody case. He is claiming since October of 2020 that son resides with father and has actively Maintained medicaid benefits for... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 20, 2022

This is an issue between you and the medicaid system. Look for a consultation with a lawyer that specializes in government benefits.

1 Answer | Asked in Health Care Law and Insurance Defense for Florida on
Q: What channels exist for filing complaints against health insurance company?

I live in FL, employer / policy is from Washington state.

Plan coverage was changed mid-plan year without communicating to members. These actions negatively effected me which denied claims which earlier in the plan year were accepted. I can file an internal grievance with the insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2022

A Florida (or possibly a Washington) attorney could answer best, but your question remains open for a week. Many states have Departments of Insurance, Departments of Financial Services, or similarly named agencies that handle consumer-related insurance matters. Good luck

1 Answer | Asked in Consumer Law, Contracts, Family Law and Health Care Law for Florida on
Q: Is it possible to revoke my consent for treatment from a Psychiatrist

I hired a new Psychiatrist for my son who suffers from an active Psychosis but don't agree with him, I want to find a new Psychiatrist and revoke consent from this one

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Feb 1, 2022

A person has a constitutional right to refuse medication and other forms of medical treatment, which includes parents' rights to refuse to allow their children to be medicated. However, there are several practical considerations to keep in mind.

Talk to a Health Care Lawyer for more information.

1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Can I sue ?

Critical patient refused from multiple nursing homes due to his Medicare provider insurance not being a top payer. ( reason for denials explained by home nurse) Local hospital sent home. This is a TBI patient with no use of limbs and in extreme pain, who has suffered a broken leg due to fall trying... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 1, 2022

A Florida attorney could advise best, but your post remains open for two weeks. But in general, this appears to be something more complex than can be answered in the format of the three questions you pose, where you ask if this could be a discrimination, personal injury or neglect case?

A...
Read more »

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.