INSURANCE: MEDICARE HEALTH INSURANCE: DELAY IN AUTHORIZING HEALTH INSURANCE BENEFITS DOES NOT CONSTITUTE MEDICAL MALPRACTICE: DEFENSE OF FAILURE TO COMPLY WITH MEDICAL MALPRACTICE PRESUIT SCREENING REQUIREMENTS WAIVED BY FAILING TO RAISE DEFENSE IN ANSWER: RAISING DEFENSE, AFTER STATUTE OF LIMITATIONS RAN, IN ANSWER TO AMENDED COMPLAINT, WHICH DID NOT ALTER ALLEGATIONS AGAINST THE INSURANCE COMPANY, DID NOT OVERCOME INITIAL WAIVER

Case Decision Date: Reviewed by

Acosta v. Healthspring of Florida, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1534 (Fla. 3d DCA July 17, 2013)

The plaintiff alleged that he suffered a second stroke because his Medicare health insurance company’s administrative staff failed to provide prompt authorization for his transport to another hospital for an urgent procedure.  The trial court entered summary final judgment … Click To Read Full Case Law Review...