medical-treatment – Easy Law Finder

What Is That Major Contributing Cause, Anyway?: An Analysis of Major Contributing Cause and Its Application

May 18, 2024

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Before a worker can get workers’ compensation benefits in Florida, they have to prove that their on-the-job injury is the main cause of their injury or death. This new rule created a lot of questions that still don’t have answers. This article looks at how this rule applies when a worker is trying to prove…

Managing Managed Care: An Analysis of Managed Care Within Workers’ Compensation Claims

May 18, 2024

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by

Elf

in Florida BAR article

In 1994, the Florida Legislature changed the way medical issues are handled in workers’ compensation cases. They created a system similar to HMO health plans. But this new system has caused a lot of problems and not many solutions. The authors of this article talk about how insurance companies get approval for their managed care…

Dealing with Medicare Issues in Workers’ Compensation Settlements

May 18, 2024

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by

Elf

in Florida BAR article

Medicare has been paying for injured workers’ medical expenses, even when they should be covered by workers’ compensation or other insurance. The Centers for Medicare and Medicaid Services (CMS) is working to collect the money owed to Medicare for these expenses. Medicare may not pay for medical treatment if it can be covered by workers’…

Vocational Rehabilitation in Florida Workers’ Compensation Cases: A Comprehensive Review of Statutory and Case Law

May 18, 2024

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by

Elf

in Florida BAR article

Before 1979, workers in Florida had to prove that their disability would probably be permanent in order to get vocational rehabilitation benefits. These benefits included temporary total disability payments and assistance with training and education expenses. After 1979, the law has changed many times, and court cases have helped interpret these changes. If an employee…

Negligent Infliction of Emotional Distress: Where Are We Now?

May 18, 2024

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Elf

in Florida BAR article

In Florida, if you want to sue someone for causing you emotional distress, you need to have also been physically injured by their actions. This is called the “impact rule.” However, there are some exceptions to this rule, such as for defamation, invasion of privacy, and wrongful birth cases. There is also a special rule…

The Overlooked Emergency Room Cause of Action: F.S. 395.1041

May 18, 2024

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Elf

in Florida BAR article

Florida passed a law similar to the federal EMTALA in 1988, which requires hospitals to examine and stabilize patients who come to the emergency room. If a patient is not properly examined and stabilized, they may have a private cause of action against the hospital. This law provides a possible remedy for patients who were…

Twelve Ways to Avoid a Determination of NICA Compensability in a Medical Malpractice Case

May 18, 2024

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Elf

in Florida BAR article

A medical malpractice claim can be very complicated, especially when it involves a baby’s brain injury. It can take a long time to resolve and costs a lot of money. The baby’s family will also suffer emotionally and financially. The damages in these cases are usually very high because the baby may need a lot…

Have You Revised Your Health Care Surrogate Forms? A Look Back at the October 2015 Revisions to the Florida Health Care Surrogate Act

May 18, 2024

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Elf

in Florida BAR article

In 2015, Florida made big changes to the Health Care Surrogates Act. Now, people can choose someone to make health care decisions for them even if they’re still able to make decisions. The person’s decisions will always outweigh the surrogate’s decisions. The law also allows the surrogate to see the person’s health information right away.…

Gating Through Wellness Programs Under Proposed EEOC Regulation

May 18, 2024

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Elf

in Florida BAR article

This article talks about a new rule that limits some rewards given out in wellness programs. It’s called the EEOC Proposed 29 C.F.R. 1630.14(d), and it falls under the Americans with Disabilities Act (ADA). The rule seems to stop the practice of making different levels of health plans for employees. It’s important to understand that…

Medical Marijuana’s Effect on Employment Law: The Highs, the Lows, and the Unanswered Questions

May 18, 2024

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by

Elf

in Florida BAR article

A big company is being sued by some workers for not paying them properly. The workers believe the company broke the law. They hired a lawyer to help them with the case. Florida’s Amendment 2 recently passed, allowing the use of medical marijuana for certain medical conditions. This raises questions about who can use it,…

Accommodating Mental Disabilities During and After the Pandemic

May 18, 2024

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Elf

in Florida BAR article

If you have a mental illness, the pandemic might make it harder for you to get the help you need to do well at work. This is because some people are afraid to talk about their mental illness due to the stigma around it, and others might not understand that it is a real disability.…

Immigration, Domestic Violence, and What the Family Practitioner Should Know

May 18, 2024

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Elf

in Florida BAR article

Florida is a popular place for people from other countries to live because of the nice weather and beaches. Many noncitizens come to Florida looking for a better life and more freedom. Miami has the most noncitizens of any city in the world. Because of this, Florida lawyers often have to deal with immigration law…

The High Cost of Arrestee Medical Treatment: The Effects of F.S. §901.35 on Local Government Coffers

May 18, 2024

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Elf

in Florida BAR article

Florida’s local governments are struggling with the rising cost of medical insurance. There is a state law that says the person who gets hurt during an arrest is responsible for paying their own medical expenses. But in reality, the hospitals first try to get the money from the person’s insurance, then from the person, and…

Bidder Beware: Construction Contracting By and With Local Governments in Florida

May 18, 2024

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by

Elf

in Florida BAR article

When a local government wants to build something, they have to follow specific rules for hiring a construction company. There are different types of contracts they can use, and they have to follow certain laws and regulations. One important thing to know is that the construction lien law doesn’t apply to government contracts, so contractors…

What is the time frame for seeking medical treatment to be eligible for PIP benefits?

Mar 7, 2024

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by

Elf

in FAQ

It is necessary to obtain medical treatment within 14 days from the accident date. Failing to seek treatment within this timeframe may lead to losing crucial benefits.

What is the distinction between a custodian of the individual and a custodian of the assets?

Mar 7, 2024

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Elf

in FAQ

A custodian for the individual possess the power to determine the physical welfare of the ward. This encompasses their place of residence and particular aspects of their medical treatment. It is also comparable to a healthcare representative concerning advanced directives. Regarding the custodian for the assets, that individual is responsible for managing the ward’s financial…

What distinguishes construction site accidents from other workplace injury claims?

Mar 7, 2024

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Elf

in FAQ

Construction site accidents encompass the use of heavy machinery, hazardous chemicals, and other perilous factors. This industry exhibits a significant incidence of severe injuries and fatalities, which may necessitate higher compensation for survivors. Workers and their families may require larger settlements to cover intricate injuries and continuing medical treatment.

What do I need to bring to the initial consultation with my lawyer in my Florida cruise ship injury case?

Mar 7, 2024

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Elf

in FAQ

You should bring everything that you have that concerns your injury to the initial consultation, such as your medical treatment records as well as your medical billing records, insurance information, any photographs of the accident scene, particularly the condition it was in at the time of the accident, as well as the names of any…

What Types of Damages Can I Seek in a Personal Injury Claim After a Bicycle Accident?

Mar 7, 2024

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Elf

in FAQ

The damages you can pursue in a bicycle accident injury claim will depend on your specific circumstances and the losses you have suffered. Here are some examples of compensable losses in personal injury claims: 1. Loss of Income: If you had to take time off work immediately after the bike collision, you can include the…

What steps should I take if I get injured on somebody else’s property?

Mar 7, 2024

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Elf

in FAQ

If you get injured on somebody else’s property, make sure to observe the surroundings and identify the hazard that caused your fall. If you have a camera or a mobile phone with a camera, try to take pictures of the hazard as it can serve as evidence of the property’s condition at the time of…

What is the initial step to take in a brain injury lawsuit in Florida?

Mar 7, 2024

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by

Elf

in FAQ

The initial step to take in a brain injury case in Florida is to consult a medical professional. If you suspect that your brain injury resulted from someone else’s negligence, it is crucial to contact a competent attorney. Instead of diving straight into a lawsuit, prioritize receiving medical treatment first. Afterward, promptly seek legal guidance…

What expenses will be covered by insurance regarding lost earnings following a car accident?

Mar 7, 2024

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Elf

in FAQ

In Florida, all drivers are required to have $10,000 in Personal Injury Protection (PIP) as part of their insurance coverage. This means that if you are involved in an accident, your own insurance will provide PIP benefits regardless of fault. Under PIP, you are entitled to receive 60 percent of your lost earnings, up to…

How long does it take to settle my case so I can catch up on my bills?

Mar 7, 2024

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Elf

in FAQ

The length of time for settling a case depends on many factors and no legal firm can make guarantees on either the outcome, or the timeline for that outcome. Some of the factors are how serious the accident was, how badly you were injured, how much medical treatment you require, and which insurance company represents…

What is the meaning of parental responsibility?

Mar 7, 2024

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Elf

in FAQ

What are Parental Obligation Laws? Parental obligation laws make a relative potentially responsible for the financial obligations of another family member solely based on their kinship. Parental responsibility was previously known as legal custody. Parental responsibility pertains to a parent’s authority to make significant choices regarding the child, like religious guidance, education, and medical care.…

Tag: medical-treatment