attorney for nurses | The Health Law Firm Blog

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him […]

By The Health Law Firm|2024-03-14T09:59:19-04:00October 4, 2023|Medical Education Law Blog|

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him […]

By The Health Law Firm|2024-03-14T09:59:20-04:00September 21, 2023|Health Facilities Law Blog|

Nurses: You Must Insure Your Legal Protection

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

I have news for you: You need professional liability insurance! But you only need the kind that includes professional liability insurance coverage, and in the amount of $25,000 or more.

Are you a traveling nurse? Are you a nurse who works for a hospital or nursing home? Are you a nurse who works in a doctor’s office? Are you the nurse who is going to tell me: “I think I have insurance coverage through my employer?”–WRONG! Not professional license complaint defense […]

By The Health Law Firm|2024-03-14T09:59:21-04:00September 6, 2023|Nursing Law Blog|

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him […]

By The Health Law Firm|2024-03-14T09:59:22-04:00September 1, 2023|Dental Law Blog, The Health Law Firm Blog|

Nurses: You Must Insure Your Legal Protection

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

I have news for you: You need professional liability insurance! But you only need the kind that includes professional liability insurance coverage and in the amount of $25,000 or more.

Are you a traveling nurse? Are you a nurse who works for a hospital or nursing home? Are you a nurse who works in a doctor’s office? Are you the nurse telling me: “I think I have insurance coverage through my employer?”–WRONG! Not professional license complaint defense insurance. You need to personally purchase your nursing professional liability insurance containing professional […]

By The Health Law Firm|2024-03-14T09:59:23-04:00August 14, 2023|Nursing Law Blog|

United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

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

On May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus there was no reversible error.

The First Lawsuit.

The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He […]

By The Health Law Firm|2024-03-14T09:59:24-04:00July 31, 2023|Nursing Law Blog|

State Nursing Boards Delay Nursing Licenses Across the U.S. Even As COVID-19 Pandemic Continues

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

Staffing shortages at hospitals across the U.S. are worsening helped along by state boards and other licensing authorities taking months to process nursing licenses, a recent NPR survey claims. As a result, thousands of new nurses who want to help during the COVID-19 pandemic are reportedly getting sidelined by state bureaucratic red tape. Now, it’s resulted in a considerable backlog in nurses waiting for jobs.

State nursing boards are usually created and charged with safeguarding the public. But there are those who claim they have become an obstacle to ensuring public safety by preventing qualified […]

By The Health Law Firm|2024-03-14T09:59:26-04:00July 6, 2023|Nursing Law Blog|

More Reasons Not to Voluntarily Relinquish Your Professional License or Fail to Appeal an Exclusion Action

In the past, I have written articles and blogs on why a physician, nurse, dentist, psychologist, pharmacist, mental health counselor or other licensed health professional should never agree to voluntarily relinquish his or her license after any notice of a possible investigation being opened. This is treated the same as if the state licensing agency had revoked that license for cause. This applies even if the license is in another state, is inactive, or has expired.

The consequences of this include the action that will surely follow from the Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) to exclude that professional from the Medicare Program. Of course, this exclusion means any federal health care […]

By The Health Law Firm|2024-03-14T10:00:28-04:00June 1, 2018|Department of Health, Health Care Industry, The Health Law Firm Blog|

Adverse Consequences of Discipline Against Your Nursing License

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

If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences.

Investigation and Discipline of Other State Licenses.

The discipline will be reported to every other state in which you have a license and similar investigations will be opened by those states.

Many states also have laws similar to those of Florida which require you to report discipline yourself to the other state in which you are licensed. Sometimes this is very short, 15 or 30 days, for example. Check the other state’s laws to be sure.

Discipline Against […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Department of Health, Discipline, Nurse License|

Florida Nurse Accused of Abusing Patient

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

A Florida State Hospital licensed practical nurse (LPN) has been arrested and charged with one count of abuse of a disabled adult at the facility. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud Control Unit (MFCU). The arrest was announced by the Florida Attorney General on June 29, 2012.

Nurse Accused of Abusing Patient During Medication Administration.

The nurse allegedly struck a disabled woman at the mental health facility, while trying to administer medication. The nurse attempted to administer medications to the patient by holding her […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Defense, Discipline, Medication, Patient Care|