North Florida Nurse Arrested for Neglecting Elderly Patient

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

An investigation led by the Attorney General’s Medicaid Fraud Control Unit (MFCU) ended with an arrest of a north Florida registered nurse (RN), in Suwannee County. The arrest was based on allegations of failing to assess and monitor a 94-year-old patient’s condition. The patient fell and broke her hip and shoulder, and later died.

Click here to see the full press release from the Attorney General’s (AG) Office.

RN Charged with Neglect and Falsifying Hospital Records.

According to the investigation, the RN allegedly failed to care for and monitor the condition of a 94-year-old woman. The RN is accused of falsifying hospital medical records to conceal her failure to provide proper nursing care to the victim.

The RN turned herself in to the Suwannee County Sheriff’s […]

By |2024-03-14T10:01:10-04:00May 15, 2018|Categories: Patient Care|Tags: , , , , , , , , , , , , , |1 Comment
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The 25 Biggest Mistakes Nurses Make After Being Notified of a Department of Health Complaint

By Lance Leider, J.D.

The investigation of a complaint which could lead to the revocation of a nurse’s license to practice and the assessment of tens of thousands of dollars in fines, usually starts with a simple letter from the Department of Health (DOH). This is a very serious legal matter, and it should be treated as such by the nurse who receives it. Yet, in many cases, attorneys are consulted by nurses after the entire investigation is over, and they have attempted to represent themselves throughout the case. Often, the mistakes that have been made severely compromise an attorney’s ability to achieve a favorable result for the nurse.

These are the 25 biggest mistakes we see in the nursing cases we are called upon to defend after a DOH investigation has been initiated:

1. Failing to keep a current, valid […]

By |2024-03-14T10:01:55-04:00May 15, 2018|Categories: Department of Health, Nurse Depositions, Nurse License|Tags: , , , , , , , , , , , , , , , |Comments Off on The 25 Biggest Mistakes Nurses Make After Being Notified of a Department of Health Complaint
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Nursing Liability and Nursing Malpractice – Part 1

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

A wrongful act that causes harm to a person for which the law allows a person to recover is called a “tort.” The most common type of tort is one based on negligence. In order to recover form a tort based on negligence, there are four elements which must be met are that there is an act (or failure to act) in which the following are present: 1) a duty owed by the one performing the act to the one who is harmed; 2) an act (or failure to act) which breaches that duty; 3) actual damage or harm sustained; and causation (in other words, the act or failure to act caused the damage or harm).

Malpractice is just another name for professional negligence. Professional negligence is a […]

By |2024-03-14T10:01:15-04:00May 15, 2018|Categories: Board of Nursing, Defense, Malpractice|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Nursing Liability and Nursing Malpractice – Part 1
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Two Recent Rulings Allow Certified Registered Nurse Anesthetists (CRNAs) to Administer Anesthesia Without the Supervision of a Physician

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

Recently, courts in both California and Colorado ruled that Certified Registered Nurse Anesthetists (CRNAs) are now allowed to independently administer anesthesia to patients without the supervision of a physician. In California, the decision came from the First District Court of Appeals on March 15, 2012. In Colorado, an appeals court allowed the same practice on July 19, 2012.

A recent article in American Medical News (AMN) summarizes these cases. To see the entire article, click here.

The Two Cases Come from a Decision Made by Governors to Opt Out of Requiring CRNAs to be Supervised by Physicians.

According to the AMN article, the California and Colorado cases both stem from a decision made by the sates’ governors to opt out of requiring CRNAs […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: CRNA|Tags: , , , , , , , , , |Comments Off on Two Recent Rulings Allow Certified Registered Nurse Anesthetists (CRNAs) to Administer Anesthesia Without the Supervision of a Physician
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Almost 19% of Nurse Aides Charged with Abuse and Neglect, had Prior Criminal Records

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

A report released by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) on October 5, 2012, found that nineteen percent (19%) of long-term care nurse aides who were found guilty of on-the-job abuse, neglect or property theft in 2010 had prior criminal records that would have showed up on a background check.

Click here to read the entire report from the HHS OIG.

Report is Part of the Affordable Care Act Background Check Program.

Section 6201 of the Affordable Care Act establishes a background check program. This voluntary program gives grants to states that support nursing home employee background checks.

The report was released to assess the ability of the background check program to help decrease the number of neglect, abuse and […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Nurse Aide, Nurse License, Patient Care|Tags: , , , , , , , , , , , , , , |1 Comment
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What Happens at a Board of Nursing Meeting?

George F. Indest III is Board Certified by The Florida Bar in Health Law 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 Florida Department of Health has many boards which regulate various licensed health care professions. One of the boards that makes up the Department of Health is the Board of Nursing. The Board of Nursing regulates the nursing profession.

The Board of Nursing holds public meetings in which it conducts all of its business. These meetings are scheduled in advance. Notice of when and where they are going to be held is available on its website usually several months in advance. The Board of Nursing rotates its meetings around the state, each time meeting in a different major city. Therefore, one […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Board of Nursing, Defense, IPN|Tags: , , , , , , , , , |Comments Off on What Happens at a Board of Nursing Meeting?
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What Nurses Need to Know about Florida Law and HIV Testing

indest9By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Section 381.004, Florida Statutes, provides for an increased level of protection of medical records that contain human immunodeficiency virus (HIV) test results. The super confidentiality requirements imposed by Florida law are viewed as the precautions which must be taken both before an HIV test can be performed and after the HIV test is performed to ensure patient confidentiality.

Pre-Test Requirements.

The administration of an HIV test requires the informed consent of the patient for whom the HIV results will be obtained. No person in Florida may order an HIV test without first obtaining the informed consent of the person upon whom the test is being performed. Section 381.004(3)(a), Florida Statutes. Consent need not be in writing if the medical record documents that consent was given. Section 381.004(3)(a), Florida Statutes. Informed consent must […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Defense, Department of Health|Tags: , , , , , , , , , |Comments Off on What Nurses Need to Know about Florida Law and HIV Testing
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Florida Nurse Allegedly Filled Fake Prescriptions for Painkillers

5 Indest-2008-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A Central Florida nurse is in trouble with the law for allegedly writing fake prescriptions and illegally obtaining painkillers for herself, according to the Orlando NBC affiliate, WESH television. The nurse was allegedly arrested during the week of December 31, 2012. She is accused of trafficking in oxycodone and trying to fill forged prescriptions.

Click here to read the WESH article.

Pharmacist Did Not Fall For Fake Prescription.

According to an Orlando Sentinel article, a pharmacist, who was suspicious of one of the prescriptions the nurse tried to fill, called the doctor listed on the prescription. The doctor informed the pharmacist that she (the doctor) was the nurse’s employer, and the nurse was not a patient. It was then […]

By |2024-03-14T10:01:57-04:00May 15, 2018|Categories: Department of Health, Discipline, Pharmacy|Tags: , , , , , , , , , , , , , , , , |Comments Off on Florida Nurse Allegedly Filled Fake Prescriptions for Painkillers
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The Collateral Effects of Discipline on Your Nursing License

indest1By 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 professionals who may have such in a hospital, ambulatory surgical center, skilled nursing facility, or staff model HMO or clinic. This will usually be advance registered nurse practitioners (ARNPs) and […]

By |2024-03-14T10:01:57-04:00May 15, 2018|Categories: Board of Nursing, Defense, Department of Health, IPN, Nurse Depositions, Nurse License|Tags: , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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Nursing Liability and Nursing Malpractice – Part 2

8 Indest-2008-5By 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 all of their patients.

Breach of Duty.

When applied to nursing, a breach of a duty occurs when a nurse does, or does not do, what a reasonable nurse would have done under […]

By |2024-03-14T10:01:57-04:00May 15, 2018|Categories: Board of Nursing, Defense, Malpractice|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Nursing Liability and Nursing Malpractice – Part 2
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