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Florida Health Care Law Questions & Answers
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
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 »

1 Answer | Asked in Consumer Law and Health Care Law for Florida on
Q: I was served and ate a portion of a raw hamburger that was not cooked at all in the center.

I was sick for 4 days and it ruined our family Thanksgiving meal.

I have been contacted by their Insurance Co. Do I need a lawyer...!!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 1, 2021

It can be argued that you "assumed the risk" if you ate the raw meat after discovering it was raw. And you would have to prove, should it go to court, that the raw meat made you sick. Also, your damages might not be substantial enough to warrant the expense and inconvenience of a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Florida on
Q: I live in Florida. The sister-in-law of a guy I met not long ago, is a pharmacist at Walgreens. She went into my

medical history without reason or permission and told other people what was in it. I have never actually met her and have never been to that Walgreens. I wanted to know what course of action I could take, the specific laws she's breaking and what the penalty would be. I would also like to know... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 23, 2021

It sounds like your medical privacy rights may have been violated. You can make a complaint with Walgreens for the HIPAA violation. 45 C.F.R. § 164.530(d) requires that covered entities have procedures in place for individuals to complain about an entity’s compliance with its privacy policies... Read more »

2 Answers | Asked in Family Law, Personal Injury, Constitutional Law and Health Care Law for Florida on
Q: I just found out last night from my 9 year old that her older sister and niece have the Corona virus and she was expose

He hid it from me so I wouldn't know what legal action can I take

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Nov 13, 2021

Until you know whether she actually has it there isn't much you can do. And after, you can take him to court for violating parental responsibility.

Good luck!

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2 Answers | Asked in Employment Discrimination and Health Care Law for Florida on
Q: If I don’t get the vax will I be fired or laid off?

I’m a security officer, so I get assigned to posts depending on availability and needs of the post. By definition being fired is a change/failure in the employee resulting in termination. A layoff is a change within the company including company standards. So would I be entitled to a severance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 1, 2021

All these non-legal questions should be asked of your HR department, or supervisors.

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1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: As an MD, do each of my patient visits need to have a medical record?

I am a solo-practitioner that does not accept any insurance.

Jane Kim
Jane Kim
answered on Oct 14, 2021

Pursuant to Code of Medical Ethics- Medical records serve important patient interests for present health care and future needs, as well as insurance, employment, and other purposes.

This obligation encompasses not only managing the records of current patients, but also retaining old records...
Read more »

2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2021

You did not ask a question, but if you would like to know if you might be able to make a claim for compensation to cover medical treatment for your condition, the answer is yes. And if you end up with a permanent scar due to the inability of medical professionals to remove it, you may claim... Read more »

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3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

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1 Answer | Asked in Health Care Law for Florida on
Q: A judgement was made with out my knowledge on 2010, October 12 3:56Pm in NY for a hospital bill.

I was never served a summons or notified about this bill for a hospital. I left NY in November 2010 to move to Georgia So a judgement was passed on October 12th 2010 and I am just now finding out about this. Do I have to pay this? Is this even legal?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 27, 2021

What does this have to do with Florida law? Ask your question at Justia > Ask a Lawyer > New York.

1 Answer | Asked in Personal Injury, Health Care Law and Small Claims for Florida on
Q: I just swallowed a piece of plastic that was on my sandwich from Wendy’s, what can I do about that?

I showed the manager the plastic and she knew exactly where it came from.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 5, 2021

OK so I have had several cases like this. If you see blood in your stool or if you pass blood, don’t be alarmed, because this usually goes away after a while with a very sharp object like glass or sharp plastic is adjusted. If you do pass blood, make sure you take a picture of it so that you can... Read more »

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