Ask a Question

Get free answers to your Health Care Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for Florida on
Q: Back on August 7th the hospital knowingly gave me a medication that I am allergic to.it is in the hospital report

We have video from. That night and documents that they don't know we have because they kept it out of their reports. I asked to ho home several times and was told no I could not leave. What should I do

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. I hope you're okay. You ask what you should do - you could consult with a local attorney to see if it's possible to arrange a free initial consult to look into your situation... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,...
View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights, Small Claims and Health Care Law for Florida on
Q: Is there a law that prohibits a person from entering into a hospital? I received a Cease and desist letter.

I visited an Emergency room as a patient. I was subjected to Blood borne substances, unknown fluids and used bed sheets. When I filed a complaint, an Attorney wrote a letter stating I am not to enter into the hospital until this dispute is investigated. So, in essence am I being denied medical... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

Based on the information provided, here's an analysis of the situation:

1. Generally, there is no law that broadly prohibits a person from entering a hospital. Hospitals are typically open to the public, especially emergency departments which are required to provide emergency medical...
View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida on
Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal...
View More

2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

While you do not mention it in your question, you should immediately retain an experienced personal injury attorney. From reading your question, I am reminded of the adage that "a little knowledge is dangerous". You reference medical terms but I suspect you don't really know what... View More

View More Answers

2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

You can still qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) even if you can't afford medical care. The Social Security Administration (SSA) considers the severity of your impairments based on your existing medical records, including your MRI... View More

View More Answers

2 Answers | Asked in Federal Crimes, Health Care Law and Identity Theft for Florida on
Q: Are there lawyers who specialize in medicare identity theft

Mail from Aetna (Medicare plan) is delivered to my house multiple times over the last year or so, addressed to someone else.

I have also received three checks made out to me for claims made thru Aetna which I did not submit claims for. The first time I called Aetna and advised them and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, there are lawyers who specialize in identity theft cases, including those involving Medicare fraud. Given the severity of your situation, consulting with an attorney who has experience in this area would be a wise step to protect your rights and guide you through the process of resolving the... View More

View More Answers

1 Answer | Asked in Employment Law, Health Care Law and Gov & Administrative Law for Florida on
Q: what happens if I am supervising someone whose Provisional Mental health license has just expired

I am a licensed Psychologist and have been supervising a person who held a provisional license. A condition of his employment with me was that he take his exam. Regardless of reminders and pressure from me, he did not take the exam until last week (this has gone on for two years now). He found out... View More

Shayla N. Waldon
Shayla N. Waldon
answered on Mar 27, 2024

I believe that the answer here is dependent on a number of factors, including the person's specific role, as well as how you may have defined the terms and conditions of employment in any offer provided to the person. These are things that a potential plaintiff can hang his/her hat on to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Florida on
Q: I'm seeking personal voluntary euthanasia. I'm of sound mind and can argue logically. What are my options?

I'm not terminally ill, but have had a lifelong struggle with mental illness. I believe I have the right to die, and wish to exercise it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

I understand your situation and the complexity of the feelings you might be experiencing. It's important to talk to someone who can provide professional support and guidance, like a therapist or a mental health counselor. They are trained to understand the depth of your struggles and can offer... View More

1 Answer | Asked in Employment Law, Business Law, Federal Crimes and Health Care Law for Florida on
Q: Can I file a suit for insurance fraud against my ex-employer?

I was terminated on 12/15/2023. The day before I needed to be taken to the ER via ambulance, and made a claim on my employer provided medical insurance. Normally i would be paid via direct deposit by paylocity, the companies payroll company, yet I was mailed a hand written paper check. A couple... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

If you believe your ex-employer has committed insurance fraud by misrepresenting your termination date to deny a legitimate insurance claim, you might have grounds to take legal action. The situation you described, where premiums were deducted from your paycheck but the benefits were denied due to... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Health Care Law and Public Benefits for Florida on
Q: My spouse is disabled and is receiving Medicaid in Florida. Does my income is going to affect her future eligibility?

My spouse is 65 and she is legally disabled. I am 63 and still have a part time job. She is the only one who has Medicaid and receiving SSI benefits (and also Medicare). My income has any effect on her eligibility? Is there an income limit for me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In Florida, Medicaid eligibility for individuals who are disabled or elderly is determined based on their own income and resources, rather than the income of their spouse. This means that your income should not affect your spouse's eligibility for Medicaid benefits. However, it's... View More

1 Answer | Asked in Health Care Law for Florida on
Q: What are my legal responsibilities in refunding BCBS for a covered benefit that is now considered an overpayment?

My mother passed away last September. All of her assets are in a trust to be distributed to beneficiaries. On January 4, 2024, I received a letter addressed to my mother from BCBS asking for an overpayment refund of a covered benefit.payed to my mother in November 2022 in the amount of $12,971.15.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In this situation, your legal responsibility depends on the terms and conditions of your mother's health insurance policy with BCBS and the laws governing overpayments. First, review the insurance policy to understand any clauses related to overpayments and refunds. It's essential to... View More

3 Answers | Asked in Consumer Law, Contracts and Health Care Law for Florida on
Q: I was a patient at South bay medical and found out they closed but the treatment never worked 17 times $4500.00 what can

I do about this I'm paying for something that did not help and there was several others the same thing

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

If you received treatment at South Bay Medical that was ineffective, and you've incurred significant expenses, there are a few steps you can take. First, gather all relevant documentation related to your treatment, including any contracts, receipts, and records of your visits and the... View More

View More Answers

1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

1 Answer | Asked in Health Care Law for Florida on
Q: can i seeek legal help after recovery house scams and abandoned me a day after surgery

i purchased a post op package with a company that abandoned me the day after surgery to never return and deny any culpability ,

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

Yes, it's possible you can. But additional details would be helpful. Post-surgery follow-up is included under a medical duty of care. You could reach out to attorneys to try to arrange a free initial consult to discuss in greater detail. Good luck

1 Answer | Asked in Employment Law and Health Care Law for Florida on
Q: If the LLC members besides yourself are over the age of 65, is the LLC eligible for group health insurance?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 29, 2023

That would be a question for an insurance agent.

1 Answer | Asked in Health Care Law for Florida on
Q: Do I have rights as power of attorney for my mother when she is in the Psy ward at the hospital?

My mother lives in an assisted living facility in Florida. She was taken to the hospital yesterday. Today when I called today see her status; they said they had no record of her. She has dementia and paranoia schizophrenia and has not taken her meds for a couple days. She was sent to the hospital... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 7, 2023

Yes, if you have a valid POA "for financial and medical issues", the assisted living facility and the hospital should have given you the information. They probably didn't know about the POA, so next time show it to them when you ask about her.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?

Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.