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Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Almost lost a foot because ER sewed up a wound they shouldn't have.

My boyfriend had an accident where an axe ended up in his foot. He went to the ER and they sewed him up and sent him home. He saw a podiatrist days later, who told him they should never have sewn him up. He ended up having to stay in the hospital for over a week while they fought the infection that... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to answer your question as to whether your boyfriend has a case based on these brief facts. To answer your question, most attorneys would want to see medical records and consult... Read more »

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Health Care Law for Florida on
Q: Inappropriate HOA pool classification declaration by HOA Board

We recently formed a small 7 household HOA in order to be able to insure our commons pool/clubhouse jointly owned after the developer left our compound. Our HOA Board has declared the pool to be PUBLIC with draconian State Regulations attached. The Board is refusing to admit they might be wrong... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 31, 2020

No, the pool for common use and the residential lot, unless it is owned by someone other than the HOA is now common area.

1 Answer | Asked in Health Care Law for Florida on
Q: hi. i am looking for an attorney to help me get my nursing license reinstated. i was licensed in florida

my license was suspended in 2004. i am ready to fight to get reinstated but i dont have 10000$ to pay an attorney to get it back. please help

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

Only a Florida attorney could advise you on this, but your question remains open for two weeks. I'm sorry that happened to you, given the investment and sacrifice involved in obtaining such a difficult license. As a GENERAL matter, you could contact other attorneys to discuss pricing. Licenses... Read more »

1 Answer | Asked in Health Care Law for Florida on
Q: My Primary Care Physician has falsely entered in my medical records that I have an "Alcohol Dependence" problem

I recently discovered that my Primary Care Physician has entered in my medical records that I have an "Alcohol Dependence" problem. This is inaccurate, as by a standard AUDIT test I score 4 and am not in such a category, which requires a score of 8 or more. Their entry is unfounded and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

A Florida attorney could advise best, but your question remains open for two weeks. I don't blame you for your take on the determination - it is harmful to you, based on the incorrect information you describe, and you have the right to want it corrected. Politely ask your doctor to review your... Read more »

1 Answer | Asked in Employment Discrimination and Health Care Law for Florida on
Q: I'm working at home. My employer is requesting me to send daily reports of temps. Can they do that even with me at home?

A large part of my job moved everyone to work from home back in March. We are all working remotely and no one plans on returning. ( Our employer agreed and likes us working from home.) They have requested that everyone has to send them daily temps for those working at home and in the office. For... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

It doesn't seem to make much sense, but you had better do it. You give up any right to privacy when you agree to work from home. If you don't like it you can always quit.

2 Answers | Asked in Criminal Law, Health Care Law and Sexual Harassment for Florida on
Q: wife is 34 wks pregnant, due To sexual harassments from her doctor, we need a transfer of care but the dr refuse to give

We have been trying to get a transfer of care referral from her current doctor, he is refusing to give that To her. Because he thinks she is leaving him to a doctor that he referred her to go, to get our babys ultrasound. But in reality is because sexual harassment she suffered from him. What can i... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 17, 2020

Get all of your evidence together and find a lawyer who will write a letter to your insurance company and/or file a declaratory action in Court or simply find another doctor...

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1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Last month I had an MRI done on my spine and the hospital I went to basically didn't want to do anything knowing I had i

Back in 2019 December 13th I had surgery done on my stomach ever since then I haven't been feeling right I've been in a lot of pain in my stomach and back haven't been able to eat right all this other stuff come to find out a couple weeks ago I went to the hospital had an MRI done... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

A Florida attorney could advise best, but your post remains open for two weeks. You've provided considerable information, but there didn't appear to be a question. If you are wondering whether you have legal rights stemming from medical care you received, one option is to contact a med... Read more »

1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

1 Answer | Asked in Health Care Law and Family Law for Florida on
Q: Franchisor bought franchisee back from my boss and because he was not making payments. What happens to health insurance?

The franchisor is looking to sell the franchisee I work at again to a new buyer. I am pregnant, due 11/1/20. They kept our insurance the previous owner had in place for now but if they sell before I have the baby and the new owner doesn't want to keep health insurance (under 50ppl at my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2020

I can understand you personal concerns; however, there are far too many possibilities and "what ifs" for any lawyer to be able to advise you what to do. There is NOTHING you can do right now; so why not wait and see what happens NEXT?

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... Read more »

1 Answer | Asked in Health Care Law and Insurance Defense for Florida on
Q: In florida can health insurance pay for medical care due to an accident if auto insurance refuses to pay?

In the state of Florida I received medical treatment due to an auto accident, had it billed to my auto insurance as a Personal Injury Protection claim, and the auto insurance is refusing to pay due to the deductible not being met, is it legal for me to have it billed to my personal health insurance... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 22, 2020

So your PIP deductible is likely $500.00 or $1,000.00 and the bill you refer to are under that amount. Therefore, until your medical billing related to the auto accident go over your deductible, your auto insurance will not pay anything. However, your health insurance company should pay the bill.... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Health Care Law for Florida on
Q: Parttime respiratory therapist on Loa for childcare during COVID-19.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare. ... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 20, 2020

In today's panic-stricken world of constant changes affecting many millions of Floridians and at least one hundred million Americans my only advice is NOT to sign anything--unless it is the back of a stimulus check.

No one--lawyer or otherwise--can possibly know what the future will...
Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for Florida on
Q: Parttime respiratory therapist taking LOA for childcare during COVID-19 pandemic.

Parttime respiratory therapist for large hospital. Asked for LOA at end of March for childcare related. Hospital just now sent me one paper to sign this week stating I am Unwilling to work due to exposure to COVID-19 and do not have job protection. We do not put our child in daycare.... Read more »

Alberto Naranjo
Alberto Naranjo answered on Apr 17, 2020

For this new type of FMLA under the Family First Coronavirus Response Act the number of hours does not matter play a factor from my understanding but the reason your requesting the leave is very important and not everyone qualifies. I provided the information that is on the Department of Labor... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Clinic said they accepted my insurance, are billing me almost a year later. Insurance says they’re out of network.

I wouldn’t have gone if they hadn’t told me they accepted my insurance. Now I have a bill for $568. If they didn’t accept my insurance, why do I have records of my ‘co-pays’ of $40 and $20 (standard for my insurance)? Not only that, but I had to seek treatment elsewhere because they... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 2, 2020

First, get the explanation of benefits from your health insurance. Did the provider even send their bills to the health insurance at all? It sounds like they may be trying to "balance bill" you, which is illegal.

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Libel & Slander for Florida on
Q: How long are voicemails retained? How much time passes before they can no longer be subpoenaed?

One is Assurance Wireless under Virgin Mobile under Sprint

The other is Bay Pines VA Center Carrier unknown.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 30, 2020

Why not ask them?

2 Answers | Asked in Employment Law and Health Care Law for Florida on
Q: there are confirmed cases of COVID-19 at my workplace, and the management team has not notified any staff

My management team has not notified any staff members of the cases of COVID-19, and have hidden the cases to an extent. The employees have found out due to word of mouth from close friends of the effected individuals, and I am working on getting contact with the individuals themselves. Assuming the... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Mar 19, 2020

This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to... Read more »

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2 Answers | Asked in Personal Injury and Health Care Law for Florida on
Q: my case started june 11, 2018, i was dismissed on june 23, 2018 for something i dont really know. i have the disc/

i had an extreme slip and fall at the bflo airport; had every single page of whats needed by SIMON AND SIMON; because i live in florida; they kept me hanging for 11 months and i thought we were ready to finish; my gosh the poking and prodding and testing, mris, physical therapy which made things... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 27, 2020

You are writing from Fla., and therefore being seen by Fla. attorney looking out for Fla. cases. However, since the accident happened in New York, you need a New York firm to handle it. Is that where Simon & Simon is? If not located there, the firm you signed up with would have had to... Read more »

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

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