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Florida Health Care Law Questions & Answers
1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: My mother gave me a durable power of attorney in Florida and has since moved to Puerto Rico. Is it valid in Puerto Rico?
Rand Scott Lieber
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answered on Jun 29, 2023

It should be valid anywhere as long as she does not revoke it.

2 Answers | Asked in Criminal Law and Health Care Law for Florida on
Q: How can a past felony be reduced to a misdemeanor status in Florida through legal means?

How can a past felony be reduced to a misdemeanor status in Florida through legal means?

In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing... View More

Jenna Cyra Finkelstein
Jenna Cyra Finkelstein
answered on Apr 5, 2023

Hello-

If you were not convicted of the charge, and have no other criminal and/or criminal traffic convictions, you may be eligible to have that case sealed. It cannot be reduced to a misdemeanor but it can be sealed. However, note that medical boards and similar agencies still require disclosure.

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3 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: Is it legal for a doctor to give free service when the patient can't pay.

Weird question, I know.

So, 4 days ago I slipped on my stairs and broke my ankle. It hurts alot walking so I have to rest. In around 20 days I get a check from my bank, because they messed up sth regarding a ingeritance I receive.

The point is, until then, I have no money to visit... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 2, 2023

No law against it, but you might not find a doctor's office willing to do that. Your county likely has a public health system for treating indigent (poor) people, so you have that option. Regarding the slip and fall, was it totally your own fault, or can you point to any problem with the... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?
Joel Gary Selik
Joel Gary Selik
answered on Mar 31, 2023

While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to... View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: We need an attorney to help with long term health care insurance. We have been through a long process& tons of excuses

Long term health care is not honoring the agreement.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for four weeks. At this point, one option is to reach out to attorneys. In addition to your own searches, you could look into the resources of state or local bar... View More

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... View More

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... View 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.

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... View 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... View More

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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... View More

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... View 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... View 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... View 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....
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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 &... View 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... View 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... View More

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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 ,... View 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... View 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.

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