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Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Florida on
Q: Can you sue a hospice care if they declare a patient deceased only to come back 40 minutes later to say it was a mistake

They had our family sign the death certificate, but never came out to say his heart started and pulse came back. He ultimately passed 16 hours later after a lethal dose of morphine and Atervan.

Mental anguish

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2018

Mental anguish, by itself, does not justify a lawsuit; you would not be able to establish damages, so you would loose.

1 Answer | Asked in Health Care Law for Florida on
Q: Can I file a lawsuit on an employee that works at a hospital for disclosing my confidential business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2018

If the hospital violated the HIPPA rules, it is not necessarily liable for damages. Did you suffer money damages?

1 Answer | Asked in Health Care Law for Florida on
Q: Two policies with same insurance company. One under my mother and the other under my step mother. Any issues with this?

I currently have two policies with same health insurance company. I am under my mother as a dependent for an Aetna health insurance policy and also under my stepmother as a dependent for a separate Aetna health insurance policy. Any issues with this? I was told by an insurance rep that they see... View More

Alex McClure
Alex McClure
answered on Jul 1, 2018

Its unclear what you are asking.

"one under my mother" and "one under my step mother" isnt an industry term. What do you mean by a policy under someone? What type of insurance, for what?

What specifically do you think the potential problem is?

It would...
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1 Answer | Asked in Health Care Law for Florida on
Q: My canadian dad was hospitalized in fl. The hospital is asking me to pay. Am I responsible for his bills?

He supplied them with his home address and phone number. They asked me to sign to give permission to treat him as he was unable to sign at the time.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2018

Depends on what is written in the document you signed.

1 Answer | Asked in Health Care Law and Contracts for Florida on
Q: Egg donation. I don’t want to continue I have not gone to the second stage. I have not signed a contract.

Hi. I started doing an egg donation. They did some medical exams I have not yet sign a contract. I want to retract from doing this because after deeply thinking about it I don’t think my health is worth it. They never clearly mentioned the side effects and they have not been nice nor clear with... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 16, 2018

If you have not signed a contract, it is doubtful that they can allege a verbal contract and therefore sue you for damages.

1 Answer | Asked in Health Care Law for Florida on
Q: If I went to an emergency room with my girlfriend, can I discuss her medical ailment or condition with close family?

Not operating in any official capacity, strictly conversational.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 12, 2018

There is no law prohibiting you from discussing the situation with family members. HIPAA rules only pertain to medical professionals.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My brother has been placed in a assisted living facility can I get him moved?

He is not able to do anything for his self . I feel that he is not getting the care that he needs. He has been put in this facility by his wife.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 22, 2018

Unless you get his wife's permission or obtain either Power of Attorney over him or get guardianship over him, no.

I suggest that you speak with a guardianship attorney in the area where he is in the facility to get a detailed analysis.

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Florida on
Q: Buying a house with mom it will be our principal residence how can I protect it from Medicaid

Will be our homestead she put $333000 I put $200000

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 22, 2018

I suggest you could take title in your name with your Mom having a life estate only. This will guarantee that she has an ownership type interest in the property until her passing, but at her passing title would be solely yours and would also show to Medicaid that it is an already settled issue... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Do I have a case, on behalf of my wife, if a condition exacerbates and could've been caught sooner?

My wife is a MRSA carrier, and has developed a spot on her back near where she had previously had surgery for a MRSA-related infection. The MRSA carrier diagnosis is on file with the clinic she goes to for her near complete care... This new spot may or may not be a flare up/relapse of the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2018

It depends on her relationship with the clinic. If she is on some sort of health-maintenance program under which the clinic is obligated to attend to all of her health-related needs, perhaps. Otherwise, no: she should simply go to another health care provider which can see her sooner.

1 Answer | Asked in Health Care Law for Florida on
Q: Can minors sign documents in Florida? I work in a health care agency and was asked to get parents and children signaturs

Cont. I was asked to get children signing some documents.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2018

Of course minors can sign documents; the question should be what legal significance such signatures would have. If your employer asks you to get signatures of parents and their children, do so; there is nothing wrong about requiring signatures.

2 Answers | Asked in Health Care Law, Probate and Wrongful Death for Florida on
Q: The Hospital Didn’t Put My Daughter Body In A Cooler They Left It In The Hallway For 30 Hrs Can I Sue Them ?

Her Body Swoll Very Bad , Had A Terrible Smell & Her Skin Had Turned Colors

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 23, 2018

Can you sue the hospital for failure to properly refrigerate the body? I doubt that you can prove any compensable damages, so no. Please accept my condolences for the loss of your daughter.

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1 Answer | Asked in Health Care Law, Family Law and Real Estate Law for Florida on
Q: I live in FL. My husband is in a care home in CA. We own a home in CO. Where or what do I do to protect this property?

This property is MY only income. He has VA disability and SS, in which has been taking care of him and paying our bills. He is on the note. We're both on the deed. We are not legally separated. He also assigned a POA to his daughter for Our financial responsibilities in which I've been... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 22, 2018

You need to hire a lawyer, likely in Colorado and possibly in Florida also. You have a number of legal issues at work here and there is likely not easy answers.

You state that you are not legally separated but it appears that you are separated and it appears that a child from a prior...
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1 Answer | Asked in Health Care Law for Florida on
Q: Gave my insurance info at time of making appointment with MD. Was see and never told insurance would not cover visit
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 26, 2017

Most physicians provide, in their intake paperwork or elsewhere, a notice that the patient is responsible, whether or not insurance pays. You should have clarified this before the services were rendered. Assuming that you did not, you would be liable.

1 Answer | Asked in Libel & Slander, Health Care Law and Medical Malpractice for Florida on
Q: how can i sue a healthcare worker for suggesting without any reasonable base that my son has autism.

She is a total stranger, and so it's normal that a 25 month old would not want to cooperate with her. We had to see the speech therapist for my son so that the school would decide whether to take him in to the school. Right as we started the session she asked him to identify objects and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 25, 2017

You do not have a case. You agreed that the professional would evaluate your son. She merely reported her opinion.

1 Answer | Asked in Family Law, Workers' Compensation, Health Care Law and Employment Law for Florida on
Q: What can I do if wife is pregnant and on unpaid leave last minute ?

Ignore

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 1, 2017

This can be very frustrating and stressful to deal with during pregnancy. I would encourage you to consult with an experienced lawyer that charges a reasonable fee to work with your wife and her company. My firm has a Florida, Licensed attorney with over 30 years of experience in Business... View More

2 Answers | Asked in Car Accidents and Health Care Law for Florida on
Q: Case of personal injury where the first responder managed to double bills by transferring to another hospital.

I got hit by a car (I had the go sign, right turning driver from the other road didn't even check for pedestrians, police report put the driver at 100% responsibility) and was in a state of shock, with later amnesia from the time of accident to when I woke up in hospital a day later. I was... View More

Chris White
Chris White
answered on Nov 30, 2017

I give free phone call consultations 888-620-7888 call anytime

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1 Answer | Asked in Health Care Law and Intellectual Property for Florida on
Q: How are cyber claims - as pertaining to HIPAA / PCI - filed and prosecuted in Florida?

I'm researching cyber claims, HIPAA, PCI - I'm trying to find out how cyber crimes are filed and prosecuted in Florida? Do these cases go thru the courts, are they filed in the courts and do they have a case type if so?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2017

A violation of the federal HIPAA regulations (health care providers divulging certain personal medical information) is not a crime, nor is it a violation of Florida law. The health care provider can perhaps be subject to sanctions by a specific federal agency, but it is not a court case.

1 Answer | Asked in Elder Law, Health Care Law and Probate for Florida on
Q: Mother is on life support, estranged children asked to sign medical power of attorney to remove tubes.

By signing the paper, are we responsible for any medical bills, debt etc?

Thomas Tripp
Thomas Tripp
answered on Oct 1, 2017

If your mother is in a Florida facility, the facility is probably asking you to sign a health care proxy form so you can make medical decisions for your Mother. The form itself does not obligate you to pay your Mother's bills while making decisions as her proxy.

1 Answer | Asked in Health Care Law for Florida on
Q: Hey question

My girlfriend is filling out a questionnaire for a pregnancy clinic which is asking very invasive questions such whether she is sexually satisfied, how many partners she's had in the past, whether the father is black or Jewish, etc. These seem very invasive to make mandatory as an application... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2017

If she doesn't like the questions she can choose not to use the clinic, and go somewhere else. Or, alternatively, not answer the questions she feels are to invasive and see if they extend their services to her anyway.

It does appear that most of the questions may have scientifically...
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2 Answers | Asked in Health Care Law, Family Law and Elder Law for Florida on
Q: How can I get my indigent ex-husband on Medicaid in Florida? he is recently diagnosed with Parkinsons/dementia.

My ex is 67. His only assets are $1500 in SS and a condo in Ft Myers worth 50K. He has recently been diagnosed with Parkinsons/dementia and is now wheelchair bound. In July ex went from a SNF in Ft. Myers to an AFCA house for 2K/month, but this is a temporary situation, and one he can't... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 31, 2017

This site is a free service that we lawyers donate our time to answer basic legal questions for folks like yourself.

This situation is quite complex and there is not a simple answer via this type of forum.

Also, I have no idea what a "Predatory elder care attorney" is...
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