nursing license | The Health Law Firm Blog

New Jersey Appeals Court Says Plaintiffs Don’t Need Presuit Affidavits to Sue LPNs in Medical Malpractice Cases

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

In a possibly precedent-setting case, on November 9, 2022, for the first time, an appeals court in New Jersey ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit to file claims against a licensed practical nurse (LPNs). The Superior Court of New Jersey, Appellate Division, said that an LPN is not included in the “licensed person” definition under the state’s affidavit of merit statute.

Additionally, the court’s ruling stated that an LPN could not use the absence of such an affidavit to avoid a medical malpractice suit. In this […]

By The Health Law Firm|2024-04-17T20:00:38-04:00April 19, 2024|Nursing Law Blog|

The Collateral Effects of a Criminal Case on a Health Care Licensee

Criminal charges against a health care professional can have serious consequences. Learn more about the impact of a criminal charge on Florida licensed health professionals. For further information, visit our website.

What is the Effect of a Plea of Nolo Contendere for a Florida Licensed Health Professional?

Pursuant to the general chapter of Florida Statutes applicable to all licensed health professionals (Chapter 456), a plea of nolo contendere is treated the same as a plea of guilty for all purposes. Additionally the chapter of Florida Statutes that governs each type of health professional usually contains similar provisions; sometimes this will be in the Florida Administrative Code (F.A.C.) Rules that have been adopted by the separate professional licensing board for that profession.

What Is the […]

By The Health Law Firm|2024-03-14T10:00:25-04:00June 1, 2018|Health Care Industry, The Health Law Firm Blog|

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|

Nurse: Please Talk to an Attorney Before You Talk to an Investigator

By Lance Leider, J.D.

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to nurses throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) special agents, police officers, sheriff’s deputies, or criminal investigators of any […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Board of Nursing, Department of Health, Nurse License|

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|

Tips, Pointers and Reminders for Administrative Hearings

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

Formal administrative hearings are one of the options provided to a person who has significant (or substantial) interests that will be affected by agency action and who contests the material facts involved in the case.

In this blog, we are usually discussing a hearing involving the professional license of the nurse. In many cases this will be a notice of intent to deny a license application; however, in most cases, it will be based on an administrative complaint filed against the nurse charging the nurse with a violation of the Nurse Practice Act or other misconduct.

A […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, Nurse License|

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|

Join Us for Florida Laws and the Nurse: New Licensure Requirement

Join Joanne Kenna nurse attorney with The Health Law Firm and the Greater Orlando Chapter of the American Association of Legal Nurse Consultants for:

FLORIDA LAWS AND THE NURSE – NEW LICENSURE REQUIREMENT: Keep Your Patients Safe and Protect Your Nursing License

PROGRAM OBJECTIVES

The purpose of this is course is to provide nurses with knowledge of the Florida Laws and Rules that govern the practice of nursing in Florida, while meeting the 2015 requirement for Florida nurse licensure and renewal; and to provide valuable information regarding the structure and purpose of the Florida Board of Nursing Disciplinary Process and how to protect your nursing license by providing excellence in nursing care.

Upon completion of this course, you will be able to:

Describe […]

By The Health Law Firm|2024-03-14T10:01:59-04:00May 15, 2018|APRN, ARNP, Board of Nursing, CRNA, IPN, Nurse Aide, Nurse License, Nurse Practitioner, Patient Care|

Terrible Things That Can Happen after Discipline on Your Nursing License or Resignation of a Nursing License after Notice of Investigation

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

Do you have nursing licenses in several different states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning your nursing license or voluntarily relinquishing such a license? Then you must be aware of the following.

First, you should never voluntarily relinquish or resign your license after you know that an investigation has been opened or that disciplinary action has been taken against you. Such a resignation is considered to be a “disciplinary relinquishment” and […]

By The Health Law Firm|2024-03-14T10:01:16-04:00May 15, 2018|Board of Nursing, Defense, Discipline, Nurse License|

Think You Have Professional Liability Insurance Through Your Employer? Think Again, Nurse!

By Joanne Kenna, R.N., J.D., The Health Law Firm

Not a week goes by without a call coming into the firm from a nurse whose license is under investigation for some reason or another. The nurse is generally dumbfounded that this has happened. “But I’m a good nurse. I never thought this could happen to me,” is the sad refrain.

Very often the nurse is correct. He/she is a clinically good nurse. Often there has never been any prior problem or any question of this. But all it takes is one instance, just one violation that gets reported to the Department of Health (DOH), and the nurse is suddenly in the position of […]

By The Health Law Firm|2024-03-14T10:01:17-04:00May 15, 2018|Nursing Law Blog|