Get free answers to your Health Care Law legal questions from lawyers in your area.
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 
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?
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.
By signing the paper, are we responsible for any medical bills, debt etc?
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.
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
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... View More
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
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... View More
Bro in FL; we in CA. He had stroke about 8 yrs ago; she tried to dump him in home last fall claiming physical function gone. Speech impaired, but not truly disabled. She transferred properties to her and her kids leaving nothing for him or his. Not concerned about prop.; but he is a 23 yr Navy... View More
answered on Jul 18, 2017
You need to hire a guardianship lawyer / estate planning attorney in the area where your brother currently resides. If your brother is competent then he can simply execute new durable POA's for financial and health Care to you and revoke the ones to her. Then you will have the authority you... View More
answered on Jul 7, 2017
Are you asking if giving the information over the phone is, per se, a HIPAA violation? Probably not, assuming the doctor uses reasonably adequate safeguards.
I was called from CVS pharmacy and was told that my insurance company is asking them to ask me if I am pregnant.
answered on Jun 26, 2017
A violation on the part of the pharmacy? As I understand it, the pharmacy didn't disclose any protected information. If they had, it very well might be a HIPAA violation.
She wont go into detail and i have no idea what i should do it have not received a check since April and now have my payment suspended do to non compliance i feel as if i am in the wrong no matter what i am a single mom of 3 and I am being punished for not having my cell phone service on due to... View More
answered on Jun 20, 2017
You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.
One of my family members is in the hospital and the nursing assistant is sending facebook friend requests to both my family member and myself. Isn't this a HIPPA violation?
answered on Jun 1, 2017
No, unless the friend requests indicate that the family member is in the hospital or disclose other healthcare-related information.
My aunts went to the hospital with her daughter on April 7. On April 9 they peform endoscopy on her when my aunt went home to take a shower. Mind you my aunts daughter is mental challenge she on medicaid so she cant make big decsions for her self without help from her mother. The endoscopy went... View More
answered on May 23, 2017
First contact a member of the Fla. Justice Assn that handles medical carelessness cases--they give free consultations.
a relative went to see a psychiatrist for the first time in fl. she decided to admit him even though he is not a danger to himself or, others. now the hospital wont discharge him and he hasnt seen a hospital psychiatrist. what are his rights?
answered on May 19, 2017
There must be some fear on the part of the Psychiatrist that the person is a danger to himself or others. You may want to speak with a guardianship attorney in your area, or rather where your relative is in the facility to determine what the next step might be. the attorney might be able to find... View More
He was misdiagnosed when he was 13, and was really only diagnosed so his family could receive the scholarships. Unfortunately, this disqualifies him from the military, which has been his dream all his life. The doctor who misdiagnosed him is most likely not practicing anymore, and it would be... View More
answered on May 2, 2017
What he needs, in my opinion, is a letter from a doctor, preferably a specialist in the field of autism, to the effect that the previous diagnosis was erroneous, and hopefully explaining why.
As far as I know 4 instances of nurse unethical conduct were committed against me at a surgical facility on 3-21-17. These unethical acts took place in a period of from 9am--11am approximately.
answered on Apr 3, 2017
Whatever board that regulates medical facilities and nursing.
I had been going to a doctor for knee problems, previous to an accident. Broke my leg at work, same doctor happened to be the workmans comp doctor. the workmans comp case is closed. Now I am told by this doctor's office that I cannot be a patient with insurance, that it is a law? This... View More
answered on Mar 12, 2017
They may have it confused. You can see the doctor assuming he takes your health insurance.
We are separated but he hasn't filed for divorce yet. We live in Florida, and have health problems, no access to other insurance options, and discovered that that he dropped my coverage entirely by accident while in the hospital. Can he legally do this?
answered on Jan 28, 2017
He is prohibited by law from doing that. You should hire a lawyer to represent you in the case.
In Florida, will this cause us not to be able to get Medicaid when we will need it?
Me and my kids father have been divorced for over a year now. We have 50/50 custody, they are with me on weekends and half of the summer. We agreed he'd be in charge of their insurance. But now he's asking me to pay for the money that is deducted from his paycheck that pays for the... View More
answered on Sep 29, 2016
No, assuming the divorce decree provides that he will pay the insurance premium, it would make no sense were it also to require that you reimburse him for the premium he pays.
I live in an apartment and my daughter sliped in the bathtub last night causing here to bust her chin wide open and had to take her to ER for stitches I spoke with management and they said they will not resurface the tub or put nonslip what can I do
answered on Sep 6, 2016
Ask if they mind if you do (probably will mind). Look for a realy good rubber tub mat. Hand holds are nice but if they don't even want to put in non-slip then they will probably shudder at hand holds.
lately because of the new Zika virus scare. The lease stated "Pond as is". How do we get owner to drain and fill in? Have asked multiple times.
answered on Aug 12, 2016
Ask him if you can fill in, putting tarp in first .. Ask for response in writing to avoid misunderstandings.
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