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Florida Health Care Law Questions & Answers
1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: My job offers health insurance can I ask an undocumented get the benefits.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 24, 2019

Say what? Your very short question cannot be answered without many more facts.

1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: I was my husband's care giver & he left me, went to sister in IND. + gave her POA. Does that constitute abndoment or wh

Have known each other 20 yrs., 5/31 = married 11 years. He had a cancerous deadly brain tumor partsically removed, 11/05/2018. I took him to 30 Radiation treatments. + other doctor appointments. Called 911 when he had a secure and gave him chest compressions until ambulance came. I told him... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

You are focusing on the wrong person. Stop worrying about your (soon to be ex) husband and start taking care of yourself. Whether he abandoned you or not is irrelevant. The State of Florida does not require any reason for divorce. Locate a divorce lawyer in the Springhill area and start the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for Florida on
Q: My employer posted my drug test results with name for all employees to see..i was fired through text. What do i do now?

My name is on this form several times. Not only did he share my medical information but used me as a example of what happens if you fail a drug test. Slandered my name. No one ever fired me properly either. I was never contacted by the owner. The general manager just texted me and said "dont come... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 10, 2019

Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Florida on
Q: Should I sign an Assignment of Benefits and Designation of Representative form from a medical provider?

Forms are from Air Methods for medical transportsion. My insurance company has already processed claim. Air Methods currently has multiple lawsuits pending for excessive billing.

Tim Akpinar
Tim Akpinar answered on Mar 7, 2019

That decision is yours to make, but in general, a medical provider needs an assignment of benefits form to submit a bill on behalf of a patient so that the check is made out to the provider instead of the patient.

Tim Akpinar

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Mitchell Feldman
Mitchell Feldman answered on Dec 28, 2018

You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

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1 Answer | Asked in Health Care Law for Florida on
Q: Can you sue the hospital for doing construction very close to your room?

I was admitted to the hospital for a couple of days for a bad infection. I couldn't sleep for 3 days because they were doing construction very close to my room. The drilling noise was unbearable. I even have videos that demonstrate it. The drilling went from 7 to 5.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2018

Lack of sleep, in itself, is not considered compensable damages. So no, you probably cannot successfully sue the hospital.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.

This was a pressure point tactic because I was cursing and screaming @ staff. FYI.. Former LPN who worked in mental health. 2 weeks ago and this pain is excruciating. Thanks,

Tim Akpinar
Tim Akpinar answered on Sep 18, 2018

I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of... Read more »

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... Read 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 help if you re...
Read more »

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... Read 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... Read 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... Read 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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