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Medical Bills: Medicare Benefits

Submitted by Phil Wiseberg on 24 Jun, 2022

The issue of whether a Plaintiff can submit to a jury the total amount of past medical bills from medical providers when they are a Medicare recipient rather than the amount paid by Medicare has been a hotly litigated issue in the past few years. The decision in Joerg v.

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The Sudden Medical Emergency Defense

Submitted by Maureen Martinez on 02 Jun, 2022

When handling a matter that involves a medical emergency suffered by the alleged tortfeasor, it is important to analyze whether the defense of sudden medical emergency is available. If the defense is established, it is a complete bar to negligence. Over the years the defense has been addressed as follows:…

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Recission of policies for material misrepresentation

Submitted by Jessica Gregory on 01 Jun, 2022

Pursuant to Fla. Stat. Ann. § 627.409, an insurer may rescind an insurance policy based upon a material misrepresentation in the application for insurance. This statute permits rescission for misrepresentation of “[a]ny statement or description made by or on behalf of an insured”. Thus, the misrepresentation does not necessarily have…

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