What Are A Patient’s Rights Relating To Hospital Infections?
According to Florida law and administrative regulations, patients have several rights related to hospital-acquired infections including infection control programs, the right to access records related to any adverse medical incidents, and hospitals being required to...
What Happens To A Bank Account When Someone Dies With No Will In Florida?
According to Florida law, when someone dies without a will in Florida, the disposition of their bank account depends on the type of account (i.e. Joint Account, Convenience Account, POD account, or a one owner account with no named beneficiary) and the designations...
What Assets Are Exempt From Probate In Florida?
According to Florida law, homestead property, payable on death accounts, life insurance proceeds, joint tenancy with right of survivorship property, assets in trusts, retirement accounts, and certain statutory listed property are all assets exempt from probate and/or...
What Are The Responsibilities Of A Home Health Aide?
According to Florida statutory law and administrative regulations, the responsibilities of a home health aide include assisting with personal care activities, maintaining a clean and safe environment for the patient, record keeping, observing and reporting, and...
How does a formal and summary administration differ?
According to Florida law, a Summary Administration and Formal Administration are two distinct probate administrations differentiated by their complexity, cost, and the size of the estate. The key distinction lies in the estate's value and the necessity for a more...
How do staffing shortages cause home care negligence?
Staffing shortages can indirectly contribute to the risk of home care negligence in a variety of ways, including, but not limited to, increased likelihood of mistakes (i.e. medication errors, failure to follow treatment plans, etc.), insufficient oversight of care...
Who initiates probate in Florida?
In Florida, the initiation of probate can be done by a variety of parties depending on the circumstances surrounding the estate. Generally, the personal representative (P.R.) named in the decedent’s will initiates probate by petitioning the court for appointment as...
What is the hardest issue to prove in medical malpractice?
Under Florida law, the hardest issue to prove in a medical malpractice case is causation. The reason is based on the requirement that the plaintiff must demonstrate that the defendant's breach of the standard of care was the proximate cause of the damages claimed....
Can a P.R. sell property without beneficiaries approving?
In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent's will or in accordance with Florida statutory...
What is the burden of proof for wrongful death in Florida?
According to Florida law, the burden of proof generally requires the plaintiff to establish it is more likely than not that the death was caused by the defendant's negligence: In negligence actions Florida courts follow the more likely than not standard of causation...