administrative law | The Health Law Firm Blog

Administrative Final Orders Must State Findings of Fact Based on the Evidence Presented

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

Following is a summary of a recent appellate case on an issue relevant to health law:

Borges v. Dep’t of Health, 143 So. 3d 1185 (Fla. 3d DCA 2014).
Gustavo Borges (Borges) appealed a final order of the Florida Board of Dentistry that revoked his license to practice dentistry based on a conviction of the knowing receipt of child pornography under a federal statute.

At hearing, eight lay witnesses and four expert witnesses testified. In the recommended order’s discussion of the evidence presented, which was the basis for the Board’s final order, the administrative law judge (ALJ) discussed the testimony of only one witness-Borges-after concluding that a statement by Borges constituted a concession […]

By The Health Law Firm|2024-03-14T10:01:44-04:00May 15, 2018|Categories: Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law|Tags: adjudication, adjudication withheld, administrative law, administrative law judge, administrative orders, ALJ, appellate court, Board of Dentistry, conviction, criminal law, criminal trial, defense attorney, defense lawyer, dentist criminal charges, dentistry, department of health, desntist, discipline, diversion program, doh, DOH conviction, federal statutes, finding of guilt, Florida Board of Dentistry, health attorney, health care attorney, health care lawyer, health investigation, health law, license, license disciplined, license revoked, medical license, professional license, statutes, testimony|Comments Off

At Board of Nursing Hearing, Each Aggravating Factor Must be Supported by “Competent Substantial Evidence” or Discipline Is reversible on Appeal

The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar.

The Department of Health, Board of Nursing (“Board”) filed charges against Fernandez for administering medication to a person who was not his patient. The facts demonstrated that Fernandez had visited a friend in the hospital and administered a drug prescribed for one of his home health care patients. After an administrative hearing, the Board found that five aggravating circumstances justified an upward departure in the penalty provided for the Board’s guidelines to license revocation.

On appeal, the court reversed. While it found support for four of the aggravating circumstances cited by the Board, it held that one of the circumstances was not supported by competent substantial evidence. Specifically, the Board had determined that Fernandez’ actions had caused damage to the patient. The court found the only support for this determination was testimony […]

By The Health Law Firm|2024-03-14T10:01:18-04:00May 15, 2018|Categories: Administrative Hearing, Board of Nursing, Discipline|Tags: administering drugs, Administrative Hearing, administrative law, aggravating circumstances, appeal, Board of Nursing, Board of Nursing hearing, BON, Competent Substantial Evidence, department of health, determination of damage to a patient, doh, home health care, license revocation, nurse damages patient, nurse discipline, nurse discipline reversed, nurse license revocation, nurse's license revoked, substantial evidence|Comments Off

Lloyd’s of London (Lloyd’s) 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 physicians, nurses, podiatrists, psychologists and other health professionals has received Lloyd’s of London 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 many other states. If you have Lloyd’s of London Insurance, do not go without an attorney or with a lawyer that has little or no experience where you need it.

Our Attorneys will Work with Lloyd’s of […]

By The Health Law Firm|2024-03-14T10:01:50-04:00May 15, 2018|Categories: Clinical Social Worker, Intern, Marital and Family Therapist, Mental Health Counselor, Occupational Therapist, Psychology, Resident|Tags: administrative law, administrative proceedings, attorney, complaint against a health care professional, complaint against a health care provider, complaint against a physician, health attorney, health care lawyer, health care professional, health care provider, health law, health law attorney, insurance, investigation of a health care professional, investigation of a health care provider, investigation of a physician, legal defense expenses, Lloyd’s of London, nurse, physician, Podiatrist, professional liability insurance, psychologist|Comments Off

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

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

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they are facing.

In many situations, the troubles that are faced could have been avoided if the student or resident had disclosed their medical condition to the school, program, or institution, and requested reasonable accommodations. However, after the adverse action has been […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: accused of irregular behavior, administrative law, administrative proceeding, civil proceeding, criminal proceeding, defense lawyer for doctors, foreign medical student defense lawyer, investigation by National Board of Medical Examiners (NBME), legal representation for disputes with medical programs and institutions, legal representation for fellows, Legal representation for medical students, legal representation for residents, legal representation fro physicians, medical administrative hearings, medical graduate defense attorney, medical intern attorney, medical intern lawyer, medical resident defense attorney, medical resident lawyer, medical student attorney, medical student legal defense counsel, residents and intern legal representation, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE), USMLE appeals, USMLE hearings, USMLE preparation course|1 Comment

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 many other states.

If you have NSO Insurance, do not go without an attorney or with a lawyer that has little or no experience where you need it.

The Health Law Firm […]

By The Health Law Firm|2024-03-14T10:01:57-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, CRNA, Defense, Insurance, Nurses Service Organization|Tags: administrative law, administrative proceedings, advance registered nurse practitioners (ARNPs), attorney, certified registered nurse practitioners (CRNP), complaint against a health care professional, complaint against a health care provider, complaint against a nurse, health attorney, health care lawyer, health care professional, health care provider, health law, health law attorney, insurance, investigation of a health care professional, investigation of a health care provider, investigation of a nurse, legal bills, legal defense expenses, nurse midwives, nurses, Nurses Service Organizations (NSO) Insurance, professional discipline, professional liability insurance|2 Comments

Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment

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

On May 8, 2017, Rutgers University was hit with a lawsuit in New Jersey state court from former and current school employees. The suit alleges that the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program. Additionally, the suit also alleges that Rutgers “fostered a harassing and discriminatory atmosphere.”

What must be remembered is that residents, interns and fellows fill dual roles. They are employees as well as “students”or graduate medical education (GME) program participants. Therefore, they have the same rights as any other hospital or institution employee.

According to the plaintiffs, they reported their claims to the university in August 2016 and provided ample evidence. Rutgers then followed with an internal probe and issued reports that the […]

By The Health Law Firm|2024-03-14T10:01:22-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: academic review hearing, administrative law, administrative proceeding, bullying and sexual harassment in the workplace attorneys, civil proceeding, criminal proceeding, defense lawyer for doctors, intentional infliction of emotional distress lawyers, legal representation for discrimination, legal representation for disputes with medical programs and institutions, legal representation for fellows, Legal representation for medical students, legal representation for physicians accused of wrongdoing, legal representation for residents, legal representation fro physicians, medical administrative hearings, medical graduate defense attorney, medical intern attorney, medical intern lawyer, medical resident defense attorney, medical resident lawyer, medical student attorney, medical student legal defense counsel, residents and intern legal representation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|Comments Off

Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld

The Department of Health (“DOH”) issued an emergency order suspending Burton’s license to practice nursing.

On appeal, the court quashed the emergency order. It held that DOH had failed to examine other disciplinary options available to it short of suspension. While recognizing DOH might be able to support license suspension as an appropriate penalty, it held that Burton was entitled to a hearing to contest the charges.

In the dissenting opinion, Judge Osterhaus cited numerous findings in the DOH order that supported suspension.

Source:

Burton v. Department of Health, 116 So. 3d 1285 (Fla. 1st DCA 2013) (Opinion filed July 24, 2013).

About the Author: The forgoing case summary was prepared by Mary F. Smallwood, Esquire, of the Administrative Law Section of The Florida Bar. It originally appeared in the Administrative Law Section newsletter, Vol. 35, No. 2 (Dec. 2013).

By The Health Law Firm|2024-03-14T10:01:58-04:00May 15, 2018|Categories: Administrative Hearing, Department of Health, Discipline, Emergency Suspension Order|Tags: administrative law, Burton v. Department of Health, disciplinary options, discipline on nurse license, doh, emergency order, emergency order on nursing license, emergency suspension order, ESO, ESO nursing license, hearing, license to practice nursing, nurse, nurse hearing, nurse suspension, suspension|Comments Off

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

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

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they are facing.

In many situations, the troubles that are faced could have been avoided if the student or resident had disclosed their medical condition to the school, program, or institution, and […]

By The Health Law Firm|2024-03-14T10:01:24-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: accused of irregular behavior, administrative law, administrative proceeding, civil proceeding, criminal proceeding, defense lawyer for doctors, foreign medical student defense lawyer, investigation by National Board of Medical Examiners (NBME), legal representation for disputes with medical programs and institutions, legal representation for fellows, Legal representation for medical students, legal representation for residents, legal representation fro physicians, medical administrative hearings, medical graduate defense attorney, medical intern attorney, medical intern lawyer, medical resident defense attorney, medical resident lawyer, medical student attorney, medical student legal defense counsel, residents and intern legal representation, The Health Law Firm reviews, United States Medical Licensing Examination (USMLE), USMLE appeals, USMLE hearings, USMLE preparation course|Comments Off

Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment

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

On May 8, 2017, Rutgers University was hit with a lawsuit in New Jersey state court from former and current school employees. The suit alleges that the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program. Additionally, the suit also alleges that Rutgers “fostered a harassing and discriminatory atmosphere.”

What must be remembered is that residents, interns and fellows fill dual roles. They are employees as well as “students”or graduate medical education (GME) program participants. Therefore, they have the same rights as any other hospital or institution employee.

According to the plaintiffs, they reported their claims to the university in August 2016 and provided ample evidence. Rutgers then followed with an internal probe and issued reports that […]

By The Health Law Firm|2024-03-14T10:01:26-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: academic review hearing, administrative law, administrative proceeding, bullying and sexual harassment in the workplace attorneys, civil proceeding, criminal proceeding, defense lawyer for doctors, intentional infliction of emotional distress lawyers, legal representation for discrimination, legal representation for disputes with medical programs and institutions, legal representation for fellows, Legal representation for medical students, legal representation for physicians accused of wrongdoing, legal representation for residents, legal representation fro physicians, medical administrative hearings, medical graduate defense attorney, medical intern attorney, medical intern lawyer, medical resident defense attorney, medical resident lawyer, medical student attorney, medical student legal defense counsel, residents and intern legal representation, reviews of The Health Law Firm attorneys, The Health Law Firm reviews|2 Comments

37 Central Floridians Charged with Illicit Pharmaceutical Drug Trafficking

By Dr. Thu Pham, O.D., Law Clerk, The Health Law Firm

Attorney General Pam Bondi along with special agent Mark R. Trouville of the Drug Enforcement Administration (DEA) and Longwood Police Chief Troy Hickson announced, on June 20, 2012, the execution of 37 arrest warrants stemming from state drug charges. The defendants all reside in Central Florida.

Click here to read the entire press release from the Florida Attorney General.

The Defendants’ Charged with Felonies.

The charges for the defendants ranged from first degree to third degree felonies. The defendants have been charged with acts, such as conspiracy to traffic Oxycodone, solicitation to deliver Oxycodone, and possession of Hydromorphone with intent to sell or deliver.

Law enforcement authorities have been able to apprehend 33 of the 37 charged.

Click here to see our experience representing pharmacists and […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Categories: Legal Defense for Pharmacists, Pharmacist, Pharmacy, Pharmacy Law|Tags: administrative law, Attorney General (AG), Central Florida, conspiracy, controlled substances, DEA investigation, DEA raid, defense attorney, defense lawyer, drug charges, Drug Enforcement Agency (DEA), drug trafficking, felonies, investigation, pharmaceutical, pharmacist, pharmacy, prescription drug trafficking|Comments Off