Defense | The Health Law Firm Blog

MedVance Institute Will Retrain Some Students and Donate $600,000 in Scholarships

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Joanne Kenna, J.D., R.N.

MedVance Institute, which is a healthcare training school with four Florida campuses, reached an agreement with the Florida Office of the Attorney General (AG) on June 13, 2012. MedVance was alleged to have made misleading marketing claims to students. Under the agreement, the for-profit college is required to offer retraining to eligible students who attended specific programs between January 1, 2008, and March 31, 2012, at no cost. MedVance also agreed to direct $600,000 to Florida scholarships.

MedVance Institute has campuses in Fort Lauderdale, Miami, Port […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Defense|

Crack Down on Unlicensed Practice of Nursing by Florida Department of Health

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida in Health Law

The Florida Department of Health (DOH) recently made a presentation regarding its increased investigation and prosecution of the unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty.

The Department of Health has more than doubled the investigators in the Unlicensed Activity Unit from seven investigators to nineteen recently. This dramatic increase in resources and staff has resulted in the investigation of more complaints than ever regarding unlicensed practice of nursing.

Weapon of Choice in This Battle: Trust Funds.

Florida has a dedicated trust fund to combat unlicensed nursing […]

By The Health Law Firm|2024-03-14T10:01:59-04:00May 15, 2018|ARNP, Board of Nursing, CRNA, Defense, Department of Health, Discipline, Nurse License, Nurse Practitioner, registered nurse, Unlicensed activity|

Your Professional Nursing License May Be Your Most Valuable Asset; Insure It!

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Suppose you had an item that you really wanted but was very expensive. Suppose this item cost you $80,000. Perhaps you took out a loan in order to pay for the item.

Suppose in addition to paying $80,000 you also had to work for four years and contribute four years of your labor to help pay for the item. For this example, let’s assume your four years of labor is equivalent to an additional $80,000. Once you can afford the item, you will have invested the equivalent of $160,000 for it.

In order to protect […]

By The Health Law Firm|2024-03-14T10:01:59-04:00May 15, 2018|Administrative Complaints, ARNP, Board of Nursing, Defense, Discipline, Insurance, Nurse License, Nurse Practitioner, Nurses Service Organization, Professional liability insurance|

Learn How to Protect Your Nursing License

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|ARNP, Board of Nursing, CRNA, Defense, Discipline, Nurse License|

Traveling Nurses Must Have Appropriate Professional Liability Insurance

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the services of an experienced attorney to defend her. Because of this, we believe that any nurse, especially traveling nurses working at a hospital, skilled nursing facility, home health agency, assisted living facility, medical group, or any other organization must have her own personal professional liability policy that provides ample insurance coverage for professional license defense […]

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Board of Nursing, Defense, Department of Health, Discipline, Insurance, Nurse License|

Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal problem, and has not been able to locate an attorney or law firm that accepts this type of insurance. We have offices in Florida and Colorado, but we have attorneys licensed in Florida, Colorado, Louisiana, the District of Columbia, Virginia and other states.

Additionally, we can provide legal advice and representation in license investigations and administrative proceedings in […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, CRNA, Defense, Insurance, Nurses Service Organization|

Nursing Liability and Nursing Malpractice – Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In this blog I discuss the concept of nursing malpractice. It is the second blog of my two-part series. To read part one, click here.

The Duty of Reasonable Care.

The plaintiff must first show that the nurse had a duty to provide care for the plaintiff. The element of duty is usually straightforward and relatively easy for the plaintiff to prove because once nurses undertake care for their patients they have a clear duty to provide care for that patient in a competent and reasonable manner. Nurses owe a clear duty of care to […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Board of Nursing, Defense, Malpractice|

The Collateral Effects of Discipline on Your Nursing License

By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A. A case involving an arrest or a conviction involving alcohol abuse (DUI/public Intoxication) or drugs (possession, diversion, theft, trafficking) will probably result in an emergency suspension order (ESO) until the entire licensure case is complete.

B. Client may be required to be evaluated and probably enrolled in the Impaired Nurses Program (IPN) (for nurses only) or the Professionals Resource Network (PRN) (for all other licensed health professionals), which is usually at least a five year contract.

C. Action to revoke, suspend or take other action against the clinical privileges and medical staff membership of those licensed health […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Board of Nursing, Defense, Department of Health, IPN, Nurse Depositions, Nurse License|

Indiana Nurses Fired for Refusing to Get Flu Shots

George F. Indest III is Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The warnings have been loud and clear from the Centers for Disease Control and Prevention (CDC). This influenza season is off to an early and serious start. With that in mind, a number of states are requiring all health professionals in the state to receive the flu vaccination. Some of those opposed to getting vaccinated are being fired by hospitals and health facilities. Because […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|ARNP, Defense, Discipline, Nurse Aide|

Nurses: Locate a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Cases

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced registered nurse practitioners (ARNPs), massage therapists and physical therapists that after they received a complaint regarding their license from the Florida Department of Health (DOH) they had difficulty finding an experienced attorney in Florida who would accept their professional liability insurance. In this case, I am speaking specifically about Healthcare Providers Service Organization (HPSO) Insurance.

Benefits of HPSO Insurance.

The professionals who are covered by HPSO Insurance have excellent insurance coverage. HPSO Insurance […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, ALFs, ARNP, CRNA, Defense, Insurance, Nurse Aide|