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Advance Directives: Living Wills Defined

An advance directive, often called a living will, is a part of health care litigation that enables to you to determine your end-of-life care before your health prevents you from making decisions on your own should you suffer from a terminal illness or permanent state of unconsciousness.

Create Your Advance Directive

Understand that these definitions and other circumstances can vary by state, so it’s important to hire an attorney who’ll help you understand the exact terms and conditions of your state.

Advance directives often cover instructions regarding whether or not:

  • You want to be resuscitated if you stop breathing or your heartbeat stops.
  • You want a feeding tube or breathing machine inserted should you become unable to eat or breathe on your own.
  • You want your organs or tissues donated.

Many living wills also include information about life support and whether you wish to be placed on it—and for how long.

Note that you might also name a medical power of attorney to make these decisions for you; naturally, this requires legal documentation with which your attorney can help you.

Important Facts about Advance Directives

  • Technically, you don’t need an attorney to draft a living will; however, in order to make sure your wishes are written as clearly as possible, it’s best to hire a lawyer with experience writing advance directives.
  • An advance directive can be implemented only after a physician has evaluated your medical situation. For example, an emergency medical technician can’t uphold your living will. Only a physician can do that—after evaluating your medical condition.
  • Living will laws vary from state to state. That’s why it’s crucial you hire an attorney skilled in Florida’s advance directive laws.
  • Not all living wills are recognized in every state; furthermore, while some states don’t recognize other states’ living wills, some states will recognize them as long as the state’s living will laws are similar.
  • Your advance directive will not expire.

Also note, it’s important to review your advance directive from time to time. Changes in your life situation or even your wishes could mean changes in your living will. A skilled attorney specializing in advance directives can help keep your living will up to date.

Also Read : Is Your Office Violating HIPAA Without Realizing It?

Are You Ready to Create Your Advance Directive?

If you’re ready to create your advanced directive or living will and located in the Boynton Beach, Florida area, contact the Law Firm of Peter M. Feaman, P.A. at (561) 734-5552 to set up a no-commitment-necessary appointment with one of our attorneys specializing in health care litigation.

3 Things a Lawyer Should do for a Small Business

For small business owners, hiring a business lawyer in Florida seems overwhelming. But, unless you have a background in law, you need the assistance of a professional attorney. An attorney can help you with many things, but there are three things your small business attorney should do for you to get the most out of your retainer.

small business lawyer

Advising You on Business Organization

As you start your business, you must decide on its structure. Should you incorporate? Should you go for an S-corp? All of these questions should be run by your attorney and they should be able to give you guidance. A small business attorney can help you pick the right organization so that you can save yourself any costly problems down the road.

Drafting and Negotiating Business Contracts

Whether it is a purchase agreement or an employment contract, business lawyers in Florida can review for mistakes, catch costly omissions, and ensure you’re entering into an agreement that protects your best interests. An attorney can also review contracts and negotiate their terms as well as negotiate with potential hires.

Representing Your Business

The biggest benefit to having a small business attorney is how they represent your company. Because you are going to have your attorney on retainer, they are there for you when you need them. They take the legal responsibility off your shoulders and handle all legal issues your business may face.

It doesn’t matter if you need to go to court or not, an attorney can represent you in negotiations, help you handle legal hurdles, and ensure your business legal problems do not become your personal problems. If you are facing a lawsuit, then your business attorney can handle the litigation, negotiations, and help with costly legal disputes before they even turn into lawsuits.

Contact the Business Lawyers at the Law Offices of Peter M. Feaman

If you need business lawyers in Florida, click here to contact the Law Offices of Peter M. Feaman. Our team is comprised of skilled business litigators, negotiators, and contract experts. We have the experience to stand by our clients and help them protect their rights as business owners, and help them see success.

Whether you are just starting your new business or you are shopping around for legal representation, contact us today for a no obligation consultation. Make your appointment by dialing 561-734-5552.

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What is Medical Malpractice?

When you visit a hospital, take your children to the doctor’s office or visit your parents in a nursing home, you expect nothing but the best service available. Because doctors and nurses play such an important role in society, they should be trusted.

Unfortunately, medical malpractice happens and accidents occur with trained professionals, including doctors, surgeons, and nurses.

If you have had a problem with a medical clinic, such as a loved one suffering from injuries or losing a loved one in a hospital, then you may be dealing with medical malpractice.

What is medical malpractice?

Medical malpractice is when a health care provider has allowed treatment to fall below an acceptable standard, which results in an injury or even fatality.

Medical Malpractice

Just like any case, medical malpractice cases can vary depending on the health care provider involved.For example, if a doctor has done something incorrectly during a procedure, then he or she would be at fault. If you sustain an injury during your hospital stay, then the hospital may be at fault.

Who pays the victim in these lawsuits and how much?

The party responsible for the victim in a medical malpractice suit, again, can vary. Referring back to the negligent doctor in the example above, he or she will likely be required to pay out-of-pocket expenses, depending on the agreed settlement. Additionally, medical providers typically carry medical malpractice liability insurance, so the insurance companies handle many cases.

Like any other injury lawsuit, the victim will be able to claim financial losses including wages, medical expenses, and other expenses related to pain and suffering. Victims can also receive payment for the damages sustained from an injury, such as loss of vision.

What will my lawyer do for me?

Your attorney’s job is simple: to understand your case and get you the justice you deserve. A knowledgeable attorney will review your case, look for witnesses and resources,and even acquire their own experts to assist with testimonies.

Health care litigation is an extremely complex process and one of the hardest legal areas to understand, so hiring a lawyer will ensure that you receive the best possible outcome for your case. Your legal representation will more than likely have experience and knowledge with medical malpractice, allowing you to understand what is going on and how your case will potentially play out.

Hiring a Health Care Litigation Attorney

The Law Firm of Peter M. Feaman, P.A., will work aggressively and evaluate your case closely to provide you with optimal legal representation and ensure that you receive the justice and settlement you deserve for your injuries. Because these cases are so complicated, it is crucial for our team to pursue your case head on and go through all of your information thoroughly. If you need more information, contact us online or give us a call at (561) 734-5552 to set up an appointment with one of our qualified lawyers.

How to Appeal Your Case

How to appeal your caseBeing accused of a crime can be difficult enough, but once you have been convicted, your life can change in an instant.

After being convicted of a crime, whether it is a criminal case or a civil suit, it may seem like the end of the world, especially if you feel that you have been wrongfully convicted. Handling an appeal doesn’t have to be difficult and with the help of an experienced appeal lawyer. You can easily learn your rights.

Why You Want an Appeal

Why do you deserve an appeal? Do you feel that you have been wrongfully convicted or that your previous lawyer didn’t handle your case appropriately? Is there pertinent information that was never brought up during your trial or civil suit that you feel may have been pertinent to the results of your case.

Regardless of accusations, it’s important to know that everyone has the right to a fair trial. If one of your rights or something during your judgment was violated, then you have the right to an appeal. For example, if you weren’t read your Miranda Rights or your Miranda Rights were violated, you may have an appeal on your hands.

Potential Results

What are the results you are seeking during an appeal? Many individuals who want to have their cases appealed are looking for one major change: their sentence to be reduced, the charges to be dropped entirely or the civil suit to be ruled in their favor.

In the state of Florida, you are required to hire an attorney during the appellate process, and this will play a key role in how your results are determined for your appeal. The results can obviously vary from case to case, but an experienced attorney will review your case and find out if and why you have an appeal on your hands.

The appeal attorney will review everything, including warrants, the procedure of the jury and look through all of the evidence that lead to your conviction, as well as court prejudicial practices.

Why You Need a Lawyer

As stated previously, in the state of Florida, the appellate court requires you to have a knowledgeable attorney to guide you through the process, but this isn’t the only reason you should hire an appeal attorney.

A qualified lawyer is going to have prior experience and success overturning convictions and winning appeals. An appeal attorney has one focus: ensuring that your rights are protected and that you aren’t facing unlawful convictions.

Going to Court

Facing an unfair judgment with the Law Firm of Peter M. Feaman, P.A. means that you are going to be treated fairly, respectfully, and with optimal service. Our appeal attorneys have extensive experience in reviewing cases to get to the bottom of what was incorrect or unjust.

We want to preserve your rights and defend you during your journey through the appeal process, so contact us today online or give us a call at (561) 734-5552.

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Business Litigation Defined

Business LitigationWhether you run a small business or a huge corporation, the legal issues involving a business and litigation can be quite complex.

As a business owner, it’s almost inevitable that you will one day encounter a legal dispute, but knowing how to handle it and where to turn for answers can make the situation easier. Business litigation should be defined for every business owner.

What is Business Litigation?

Business litigation strictly focuses on legal disputes that relate to commercial matters. For example, these issues can include contracts and partnerships. Any matters that involve your business can turn into ugly, legal disputes, so it is important to know how to deal with these issues when they arise.

Having an experienced business litigation attorney on your side can help you understand and recognize the steps needed to resolve legal disputes.

How Will a Business Litigation Attorney Help?

It doesn’t matter how big or small your business is; every business needs a business litigation attorney. While these encounters don’t include issues such as worker’s compensation or personal injury, these legal disputes can still wind up in state courts and even federal courts, depending on the case.

Can I Protect My Business From Litigation?

Protecting your business from legal disputes is possible, but not always easy. With the help of a business attorney, you can protect yourself in some of these situations.

For example, a business litigation attorney can help you read through a contract to find out if you have, in fact, breached your contract. If you’re unsure of how your contract works or are afraid some of your actions may be close to breaching the contract, discuss it with your business litigation attorney.

You can read more about contract litigation here.

Why Should I Hire a Business Litigation Attorney?

Often times, when a legal dispute arises, it is because something was not properly understood or defined clearly. Disputes are bound to happen and can often be negotiated into an agreement outside of the court of law.

Hiring an attorney can provide you with the peace of mind and give you the confidence to enter a partnership or agreement with another person or company, without having to worry about potential legal issues. If you have questions or concerns about a possible dispute or contract issue, your attorney is knowledgeable enough to have an answer for you.

Contacting a Business Litigation Attorney

At the Law Offices of Peter M. Feaman, PA, we want to give you the confidence and reassurance that your business will be safe during legal disputes.

Contact us at (561) 734-5552 or online, and our experienced attorneys can tell you how we can help you through any legal disputes and offer resolutions to your issues or potential issues. Call now for a free consultation.

Understanding Contract Disputes and Litigation

Contract Litigation Attorneys West Palm Beach As a business owner, one of the biggest issues you want to avoid is a problem with a contract or agreement. Contract litigation and disputes can come in many different forms, but regardless of the issue, resolving it immediately is the best course of action for both parties involved. Before you create a contract or agree to sign with a business partner, client or company, understanding disputes, litigation, and resolutions will help you in the event a problem arises.

What is Contract Litigation?

Contract litigation is simple: It is when there is a disagreement or dispute between the parties involved. There are many different kinds of disagreements that can occur after a contract is signed or during its draft stages.

Many of the issues with a contract occur because one or both parties are confused by the wording or don’t understand certain portions of the draft. It is important to seek out the assistance from a lawyer when it comes to drafting or reviewing a contract before signing, so you can ensure these issues don’t happen. There are many ways to avoid contract disputes.

Possible Contract Disputes

While all contracts vary from party to party, there are contract basics that should be recognized. Some contracts that are constructed by individuals on their own can be confusing, so it is important to make sure everything is spelled out correctly and easy to understand. Contract disputes can be quite common, and can include:

● Confusion surrounding expectations of a party
● Misunderstandings surrounding financial transactions or assets
● The services in exchange for compensation amounts

How Can a Lawyer Help?

Avoiding a contract dispute will not only save you time and money but it will save you the hassle of having to go to court. Therefore, hiring a lawyer to draft a contract will ease the process for both parties. A lawyer can create a basic outline that is worded correctly, easy to understand, and clearly explains contract details.

A lawyer that is experienced in contract litigation can help you deal with problems such as breach of contract, understanding and interpreting a contract, agreements that are non-compete or even assistance in enforcing contract terms.

Seeking Out Legal Representation

If you’re a business owner or simply an individual in a contract that you don’t agree with or don’t understand, seeking out the assistance of a qualified West Palm Beach contract litigation attorney can help you find a solution to your problems. Contact the Law Offices of Peter M. Feaman at (561) 734-5552.

Our attorneys can help you review the contract and find the best way to solve your disputes.

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Is Your Office Violating HIPAA Without Realizing It ?

Is Your Office Violating HIPAA Without Realizing ItThere are those obvious violations you cannot miss and then there are times your staff may violate HIPAA without ever realizing it. While some violations are easily rectified, there are other times your staff and yourself could make a serious HIPAA violation that could cost you your business. So before you assume your business is in the clear, you may want to examine these common HIPAA violations doctors’ offices make each day.

Welcoming Patients

Welcoming a new patient to your practice is a great way to make them feel comfortable. But, if you publically welcome them—either via a bulletin board in your office or sending a mass email—you are divulging the patients’ names and personal information. Patient names are protected health information, which means just displaying a “welcome” and including the person’s name could be a violation of HIPAA.

Calling Patients to the Examination Room

When you are ready to see a patient, you call them by name in the waiting room. But, does your staff use the patient’s full name or just their first name? If they use the full name, they are disclosing private patient information, even when it is something as innocent as announcing the doctor is ready to see them. Instead, use the patient’s first name.

Patient Check-Ins or Appointment Booking

Checking in a patient or even scheduling their appointment seems quite standard. You ask for his or her name, reason for the visit, then update any information. But, how you ask the patient for could result in a HIPAA violation.

For example, as a patient is checking in, you ask them for his or her full name. You then read off their mailing address, phone number, and perhaps even their date of birth out loud, confirming the information is correct. Other patients in the waiting room or waiting in line to check-in can hear that information; thus, you have divulged private patient information.

When a patient is checking in, have your staff sit in an area away from the waiting room and make sure patients are spaced out enough so that they cannot hear private information. Instead of confirming everything aloud, merely ask the patient checking in if any information has changed.

Leaving Patient Charts Out

It is easy to leave a chart behind in the examination room, but doing so violates that patient’s privacy. Before you allow a new patient to enter the examination room, make sure the previous patient’s protected health information is removed. The same goes for your receptionist’s desk; there should never be charts or other personal information in plain view of others.

Charged with a HIPAA Violation? Get a Health Care Litigation Attorney Right Away
HIPAA violations are very serious. You could find your practice facing fines or worse, lose your license to practice. If your office has a HIPAA complaint or violation, you need a health care litigation attorney. The team at the Law Offices of Peter M. Feaman can help. We are experienced health care attorneys and we have represented physicians and local business owners facing HIPAA violations.

Contact us today for your no obligation consultation by calling 561-734-5552.

5 Things to Consider When Hiring a Company Bookkeeper

Hiring a Company BookkeeperHiring the wrong bookkeeper could lead to serious legal trouble. From being accused of fraud to having an employee who skims from your company accounts, the bookkeeper you hire could determine a lot for your business.

You can avoid hiring the wrong person by considering just a few things, and possibly including your business attorney in during interviews as well as the selection process.

Experience

While asking about experience should be a no-brainer, you are not just inquiring about experience, you are asking about his or her background. This helps you determine if the potential bookkeeper has padded their resume (adding more years than they actually have) or if they have lied on their resume. Remember, 80 percent of resumes are lies. Also, inquire about their positions. For example, if the applicant listed him or herself in a “senior” position, ask what duties made them a “senior” and whether or not the past employer would refer to his or her position as “senior”.

Use Hypothetical Bookkeeping Issues

If you want to see how skilled the bookkeeper is, you may want to come up with a few sample problems for them (hypothetical of course) to solve. Do not use brainteasers, use real bookkeeping issues that might arise and ask for the applicant’s insight on how he or she would handle that situation. Be cautious about what you ask and if you can, have your attorney draft the questions. You do not want to be misconstrued as bias or accused of making “tests” that are too hard.

Negative Background

Ask the candidate if the applicant has ever been disciplined or reprimanded in a position. You can verify this information with the candidate’s past employers as well as references. If the candidate admits to a reprimand, ask for additional details and get as much information as possible.

Criminal Background

You do not have to ask this question in the interview; instead, you can ask it on the application and then does your own criminal background check to verify. It is most likely in your best interest to not hire a bookkeeper with a criminal background, especially if he or she has had a past fraud conviction.

Why Picking the Right Bookkeeper Matters

In the era of corporate fraud, more government agencies are spending their time looking for companies guilty of fraud. Your bookkeeper is your first line of defense against such accusations.

Accused of Corporate Fraud?

If you or your business is accused of corporate fraud, you need an experienced West Palm Beach business fraud attorney by your side. The attorneys from the Law Offices of Peter M. Feaman can help. We offer no obligation consultations and an aggressive defense that protects the well-being of your business. Call today for your appointment at 561-734-5552.

5 Things to Remember when Hiring Temps for the Holidays

Hiring Holiday HelpTemp workers are often brought on board to help with the extra work around the holidays especially in retail and other seasonal businesses. They are a great way to fill a void in your staffing and increase resources for the peak season, without too much hiring or the added costs.

Even though temp or seasonal workers aren’t employees, there are things you must consider. From having the right contracts to treating your temporary workers right, you can avoid any issues post-holiday season by keeping these in mind.

Consider a Staffing Agency

For temporary help, you may want to consider working with a staffing agency rather than deal with hiring the temporary workers in-house. Temp agencies do charge a fee for using their services, but the cost saves you the hassle of paying taxes as well as save you time and money on interviewing, hiring, etc. Additionally, candidates also have been per-screened and selected for your company by an agency.

Temp Workers and Taxes

If you hire an independent contractor or temp worker to fill your void, do not treat them like employees in relation to taxes. Get their social security number or taxpayer identification number for tax purposes so that you can fill out a 1099-M at the end of the tax year, showing the wages paid. Read the IRS rules regarding temporary and independent contractors. Be sure to pay particular attention to what classifies a worker as an “employee” and ensure you abide by these rules.

Use Contracts

Your contract with the independent worker or temporary employee must be precise and use language that specifically identifies that worker as a “temporary” employee. Read the temp’s scope of work, outline a contract period (a defined start and end date), and clearly indicate that the position is not full-time or permanent.

Still Abide by Salary Requirements

Even though they are seasonal or temporary workers, you are required to follow all wage and overtime requirements. If the worker works more than forty hours per work week, you must pay them over time for the additional hours worked. Never force temporary workers to come in early, work late or work through their scheduled break times without pay.

Provide Temporary Workers with a Safe Work Environment

Your temp workers must have a safe working environment just as much as your permanent employees. You’re obligated, as the business owner, to manage all injuries, provide safe working conditions, and supply the temporary worker with any necessary on-the-job training to prevent an injury.

Consult with Your Attorney

It is best to consult with your attorney when drafting your temporary worker contracts. Your attorney can ensure your contract uses the right language to identify your temporary worker, outlines their duties, and more. If a dispute does arise, your attorney can represent your business against the temporary worker and their respective claims. Contact the Law Offices of Peter M. Feaman today for a no obligation consultation by calling 561-734-5552.

Can You Challenge a Power of Attorney?

Power of Attorney - Feamanlaw.comA power of attorney is a very powerful document. It gives a third party the ability to control any assets or decisions as if they were the individual themselves. Depending on what the power of attorney states, the agent could be in charge of an individual’s finances, healthcare, property, bank accounts and investments.

But, a power of attorney does have one duty: to act in the best interests of the individual they are representing. Unfortunately, this does not always happen. If you feel a power of attorney is abusing their power and the individual cannot revoke the power of attorney (such as due to mental incapacity), you may be able to challenge it in court.

When the Individual is Mentally Incompetent

Individual is Mentally IncompetentTypically it is up the individual to revoke a power of attorney. But, sometimes the individual that assigns an agent this power cannot revoke their decision, such as being mentally incompetent or medically limited (coma). A family member or third party can step in and ask the court to override that decision, but they must prove to the courts that the individual cannot revoke their decision on their own.

This type of challenge becomes a battle of experts. You will need physicians and other experts testifying to the individual’s incompetency and the agent may have their own experts testifying otherwise.

Were Formalities Ignored?

power of attorney documentSometimes a power of attorney can be challenged when certain formalities are not followed, such as using the right language in the power of attorney document, not having the required witness signatures, or notarization.

Not Acting in the Best Interest of the Individual

A power of attorney can be challenged if he or she is not acting in the best interests of the individual they are representing. It is up to you and your attorney to prove this negligence, which is not easy. The courts want documented proof of the abuse, which may include:

  • Evidence the agent is stealing from the individuals assets;
  • Evidence the agent is not managing the assets according to the individual’s wishes;
  • Evidence the agent has neglected the needs of the individual.

This type of challenge can become a he-said-she-said situation, especially if the estate planning documents did not clearly state how assets should be managed or what the agent’s responsibilities included.

Why You Need Legal Assistance

It is best to have an experienced estate planning attorney by your side any time you wish to challenge a power of attorney. Because it requires a lot of expert witnesses and a thorough understanding of Florida estate laws, you need the assistance of an attorney to represent your case and help remove the agent from his or her position.

Boynton Beach Business Lawyer at the Law Offices of Peter M. Feaman can help you challenge a power of attorney that your loved one has created. Contact us today for a no obligation consultation by calling 561-734-5552 now.