Articles Tagged with florida

magazine-1241490-300x225Last week Government Employees Insurance Co., known as GEICO, filed a massive lawsuit against Path Medical and Pain 411, alleging that since 2014 the defendants defrauded the company for millions of dollars worth of medical procedures that were, “medically unnecessary, illusory, unlawful, and otherwise unreimbursable health care services, including initial examinations, follow-up examinations, diagnostic imaging, and physical therapy, and chiropractic services [], that purportedly were provided to automobile accident victims (“Insureds”) who were eligible for coverage under GEICO Florida no-fault insurance policies.”

In addition to seeking compensatory damages for the allegedly fraudulent payments, GEICO is also seeking declaratory judgment that it is not legally obligated to reimburse the more than $200,000 in additional pending, allegedly fraudulent no-fault insurance claims.

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When a law changes, the question often arises as to when it is actually effective and whether it can affect or change the rights of parties that may have filed a lawsuit when the old laws were in effect. A new case discusses this principle in the context of medical malpractice.

malpracticemoneyLaw Changes and Retroactivity

It is generally accepted that when a law changes that affects substantive rights, the law change is not retroactive. If the law changed to say that you could only own two dogs, for example, and you already owned three, the change would not apply to you. Law changes that only change procedure (such as how the courts operate), however, generally are retroactive.

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