What is an emergency medical condition and how can it affect my Boca Raton accident injury claim?

A:

The term “Emergency medical condition" comes from the U.S. Emergency Medical and Active Labor Act [42 U.S.C. § 1395dd(a)], the federal law that requires hospitals to treat anyone with a medical emergency regardless of ability to pay. It refers to any acute medical condition, illness, or injury that, without treatment, will result in jeopardy to the patient’s health, impairment of body function, the dysfunction of an organ or body part, severe pain, or death.  

That definition is part of the new Florida personal injury protection (PIP) insurance laws that take effect on January 1, 2013.  According to the new insurance regulations, unless you are diagnosed with an emergency medical condition by a licensed medical doctor (MD or DO), dentist, physician’s assistant, or advanced registered nurse practitioner, you cannot receive more than $2,500 in PIP medical benefits.

How this definition will be interpreted in Boca Raton car accidents in unknown. While the law says that a doctor must determine if a condition fits the definition of an emergency medical condition, the insurance companies may decide that they disagree with a doctor’s definition of “emergency medical condition” and refuse benefits. It may be that the courts ultimately decide which Florida car accident injuries constitute an emergency medical condition. They may argue over words like "acute," which indicates a sudden onset. Is a whiplash injury that gradually worsens over a few days considered acute? What about brain swelling from a traumatic brain injury?

In order to get full Florida PIP benefits, you will need a Boca Raton accident injury lawyer on your side. If you have a serious injury and are denied full Florida PIP benefits, contact attorney David Glatthorn at 866-413-5525.