Florida Supreme Court Upholds Amendment 7, Right of Patients to Documents on Adverse Events
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Supreme Court in Charles v. Southern Baptist Hospital, on January 31, 2017, issued a decision dealing with the relationship of Florida’s Constitution Amendment 7, allowing patient access to documents on adverse medical incidents, and the Federal […]
Licensed Health Professionals Should Have No Trouble Locating an Attorney/Legal Counsel Who Takes CPH & Associates (CPH&A) Insurance To Represent Them in Licensing Actions and Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from licensed health professionals who call and retain us to represent them in complaints against their professional licenses in investigations and formal licensure complaints. Often these professionals retain us after adverse disciplinary action has already […]
Virginia Medical Board Wins Appeal Concerning Doctor’s Revoked Medical License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, a Virginia appellate court ruled that a doctor’s state medical license was properly revoked for various reasons including allowing medical students to perform unauthorized medical procedures. The appellate court said the doctor’s due process […]
Accused Dental Supply Manufacturers Argue Antitrust Suit Belongs In Arbitration
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 21, 2017, accused dental suppliers in an antitrust suit told the U.S. Fifth Circuit Court of Appeals that a Texas federal judge was wrong to override an arbitration agreement. The antitrust suit involves a dental supply […]
Accused of Irregular Behavior on the USMLE? Here’s What You Need to Know
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law At The Health Law Firm, we frequently receive calls for consultations from medical students and medical school graduates who receive a letter from the National Board of Medical Examiners (NBME), concerning the United States Medical Licensing Examination (USMLE). […]
Florida Woman Who Performed Illegal Silicone Injections Sentenced After “Patient’s” Death
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 26, 2017, a Sanford, Florida, woman who performed illegal cosmetic silicone injections was sentenced to 11 years in federal prison. According to prosecutors, the illegal procedures done by Deanna Roberts, led to serious health problems and […]
Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 9, 2017, a jury in Illinois awarded a Chicago-area anesthesiologist nearly $4.4 million. The jury unanimously agreed that his business associate defrauded him on a revenue sharing agreement and fraudulently reported his earnings to the Internal […]
Florida Board of Dentistry Makes Changes to Anesthesia Rules
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 13, 2017, The Florida Board of Dentistry updated rules and terminology for the use of anesthesia. The Board changed terminology from “conscious sedation” or “pediatric conscious sedation” to “moderate sedation” or “pediatric moderate sedation.” The updates […]
20 Tips to Help You Survive Facing Peer Review for Your Hospital Clinical Privileges-Part 1 of 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law As a licensed healthcare professional with hospital clinical privileges, you may be subject to a peer review or investigation. This could happen at some time in your career. It can be a simple one-time issue, from a patient […]
It is Always a Bad Idea for a Doctor, Nurse or Health Professional to . . . .
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law My experience in representing doctors, nurses and other licensed health professionals in disciplinary cases has lead me to conclude, us to conclude, its is always a bad idea for them to: 1. Write a prescription for any medication […]
If You Are a Dentist Facing Legal Challenges, Choose an Attorney Who 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 Dentists, nurses, pharmacists, health professionals, and health facilities often face legal challenges from many different sources. These challenges can come from federal and state regulators, medical malpractice trial lawyers, hospitals, clinics and colleagues. If you find yourself faced […]
Judge Refuses to Dismiss Whistleblower’s False Research Data Suit Against Duke University and Two Faculty Members
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 27, 2017, a federal judge in North Carolina refused to dismiss a False Claims Act (FCA) lawsuit against Duke University and some of its faculty. The suit alleges that Duke knowingly falsified medical research data in […]
Going to Take the USMLE Step Exams? Beware of Actions That Can Be Called “Irregular Behavior”-Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a medical student in or coming to the United States, you are familiar with the United States Medical Licensing Examination (USMLE) Step examinations. Passing these examinations is required to become licensed in the U.S. and […]
Going to Take the USMLE Step Exams? Beware of Actions That Can Be Called “Irregular Behavior”-Part 2 of 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Part 2 of this blog, I will continue to discuss the types of actions the USMLE considers to be “irregular behavior.” To read Part 1 of this blog, click here. Specific examples of conduct that may be […]
DEA Nixes Removing Marijuana From Its Highly Restricted Drug Classification
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 11, 2016, the Drug Enforcement Agency (DEA) denied a petition to lessen federal restrictions on the use of marijuana for the fourth consecutive time. The DEA rejected petitions to remove marijuana from its most highly restricted […]
Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and […]
Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary
By Shannon McDonough, Legal and Marketing Intern Central Florida Making Strides Toward Medical Marijuana Acceptance. Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical […]
Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit […]
First Medical Marijuana Dispensary in Hawaii Gets Green Light From DOH
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 8, 2017, after waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I […]
Inconsistency in Legislation Leads to Legal Challenge of Florida Medical Marijuana Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Challenge to Florida Legislatures’s Limitation on Medical Marijuana Use. Despite the passage of a Florida Constitution Amendment by the people of the state of Florida in November 2016, the Legislature continues to attempt to artificially limit its access […]
State of Florida Sued as DOH Fails to Grant New Pot Licenses
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On November 22, 2017, a plant nursery and a man who has epilepsy, filed suit alleging that it’s “high time” for the Florida Department of Health (DOH) to comply with a Florida constitutional amendment and its implementing legislation. […]