9th Circuit Court Rules Former Nurse Can Proceed With Med Mal Suit Against VA Hospital
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act (FTCA). The suit alleges medical negligence that occurred during psychiatric […]
Florida Gov Signs Sweeping COVID-19 Liability Protections Into Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 29, 2021, Florida Gov. Ron DeSantis signed a bill that protects businesses, governments, and healthcare providers in Florida from COVID-19 lawsuits if they make a reasonable effort to follow guidelines to prevent the spread of coronavirus […]
University of Colorado Sued For Denying COVID-19 Vaccine Religious Exemptions
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 29, 2021, a pediatrician and medical student sued the University of Colorado Anschutz Medical Campus (CU) for denying COVID vaccine religious exemptions. The U.S. District Court lawsuit argued that school administrators judge the validity of personal […]
9th Circuit Says Former Federal Nurse Can Proceed With Medical Malpractice Suit Against VA Hospital
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 29, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a former federal employee can sue the United States under the Federal Tort Claims Act (FTCA). The suit alleges medical negligence that occurred […]
DOH Releases Quarterly Report Covering Through March 2021
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’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021. Scope of the Florida […]
Department of Health Quarterly Report Released Covering Through March 2021
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’s Quarterly Performance Report (QPR) for the Third Quarter of Fiscal Year 2020-2021, was recently released. It provides information and statistics on actions involving licensed health professionals through March 2021. Scope of the Florida […]
New Jersey Appeals Court Says Plaintiffs Don’t Need Affidavit to Sue LPN 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 precedent-setting case, on November 9, 2022, for the first time, a New Jersey appeals court ruled that plaintiffs in medical malpractice cases do not need an affidavit of merit before filing a claim against a licensed […]
Rapper 50 Cent Sues Florida Plastic Surgeon Over “Penile Enhancement” Ads & Social Media Photos
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 16, 2022, 50 Cent, the rapper and entrepreneur, sued a plastic surgeon and her Sunny Isle Beach, Florida, medical practice in federal court. The suit alleges that the doctor used photographs she took with 50 Cent […]
Ex-Navy Officer Sentenced to 2.5 Years in Prison For $2 Million Insurance Fraud
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 October 18, 2023, an ex-Navy officer was sentenced to 30 months in prison after he pleaded guilty to conspiracy to commit wire fraud for his role in an […]
New Study Reveals Complex Coding Structures in U.S. For Rise in Medical Billing Costs
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to […]
New Study Faults Coding Structures For Increased Medical Billing Costs in U.S.
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to […]
U.S. Government Renews COVID-19 Public Health Emergency, Extending Health Benefits for Millions of Americans
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On July 15, 2022, the United States again renewed the COVID-19 public health emergency, allowing millions of Americans special access to free tests, vaccines, and treatments. The public health emergency was initially declared in January 2020, when the […]
Helpful Tips Healthcare Professionals Should Be Following for Professional Correspondence
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I review many letters, e-mails, memoranda, and other types of correspondence prepared by my physician and nurse clients during my legal representation. These come to me often because of a dispute with a hospital, their peers, an insurance […]
Finding a Lawyer Who Accepts NORCAL Insurance to Defend Your License
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Many nurses, nurse practitioners, and certified registered nurse anesthetists (CRNAs) carry professional malpractice insurance through NORCAL Mutual Insurance or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not […]
Rapper 50 Cent Reaches Settlement with Floridians in Lawsuit Over Fake Penis Enlargement Ad
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 21, 2023, Houston rapper 50 Cent settled a lawsuit with a publication over alleged false penis enlargement claims. The rapper, whose real name is Curtis J. Jackson III, sued The Shade Room LLC using three alternative […]
First COVID-19 Breathalyzer Test Authorized By FDA
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On April 14, 2022, the U.S. Food and Drug Administration (FDA) issued an emergency use authorization for the first Covid-19 diagnostic test that uses breath samples. The test, made by Texas-based company, InspectIR Systems, is authorized for those […]
From the archives: COVID Uninsured Provider Relief Fund Expected To Run Out of Money Soon If Congress Doesn’t Act
Previously published on April 19, 2022By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2020, the U.S. Department of Health and Human Services (HHS) created the “Provider Relief Fund” (PRF) to help support healthcare providers in the battle against the COVID-19 pandemic. The federal program has […]
Florida’s Protecting DNA Privacy Act: How Will It Affect Healthcare Providers?
By George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law On June 29, 2021, Florida Gov. Ron DeSantis signed into law HB 833, known as the “Protecting DNA Privacy Act,” which took effect in Florida October 1, 2021. Under the act, collecting or submitting another person’s DNA […]
COVID-19 Provider Relief Fund Expected To Run Out of Money If Congress Doesn’t Act Soon
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 2020, the U.S. Department of Health and Human Services (HHS) created the “Provider Relief Fund” (PRF) to help support healthcare providers in the battle against the COVID-19 pandemic. The federal program has served as a lifeline to […]
Study Blames Coding Structures For Increased Medical Billing Costs in the United States
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A study publicized in August 2022 revealed that the complex coding structures used in the United States drive up medical billing costs. This helps to make the U.S. one of the most expensive countries for health providers to […]
Florida Judge Sides With Family of Florida Publix Employee Who Died of COVID-19
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that […]
Judge Won’t Toss Lawsuit Filed By Family of Florida Publix Employee Who Died of COVID-19
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that […]
Florida Judge Won’t Toss Lawsuit Filed By Family of Publix Employee Who Died of Coronavirus
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 5, 2021, a judge in Florida refused to dismiss a lawsuit filed by the family of a Publix Super Markets deli worker who died after allegedly catching COVID-19 from a coworker. Judge Carlos Lopez announced that […]
Doctors & Nurses: Follow These 30 Tips for Professional Correspondence
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law I review many letters, e-mails, memoranda, and other types of correspondence prepared by my physician and nurse clients during my legal representation. These come to me often because of a dispute with a hospital, their peers, an insurance […]
OSHA Fines Several Health Care Systems Over COVID-19 PPE Violations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with […]
OSHA Issues Citations to Health Care Systems Over COVID-19 PPE Violations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On September 14, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a citation against a healthcare system in Louisiana. Christus Shreveport-Bossier Health System is facing fines for failing to safeguard its employees with […]
Review Your Department Of Health Practitioner Profile or it Could Cost You!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 1997, the Florida Legislature passed a statute that requires the Department of Health (DOH) to maintain online practitioner profiles for certain health care professionals. Practitioner profiles are required for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced […]
You Could Face Steep Repercussions From License Discipline or Resignation 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 a dental, medical, pharmacy or nursing license in several different states? Do you have a license in more than one health care profession? Have you been notified that an investigation has been opened against you? […]
Review Your Florida DOH Practitioner Profile or it Could Cost You!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In 1997, the Florida Legislature passed a statute that requires the Department of Health (DOH) maintain online practitioner profiles for certain health care professionals. Practitioner profiles are required for medical doctors, osteopathic physicians (DOs), chiropractors (DCs), advanced practice […]
Although the Law Stacks the Deck Against You, Leaving a Foreign Body in a Patient Doesn’t Always Mean Negligence or Discipline
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Leaving a foreign object (sometimes referred to as a “retained foreign body” or “RFB”) in a patient, such as a sponge, clamp, forceps, surgical needle, guide wire, part of a surgical instrument or other paraphernalia commonly used in […]
Court Says Walmart’s Firing Violated Arizona’s Medical Marijuana Law
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 22, 2019, the U.S. District Court in Arizona granted summary judgment on anti-discrimination claims in favor of the plaintiff former employee and against Walmart under Arizona’s medical marijuana statute. The plaintiff, a former employee of Walmart, […]
Traveling Nurses Must Have Appropriate Professional Liability Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the […]
Crack Down on Unlicensed Practice of Nursing by Florida Department of Health
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida in Health Law The Florida Department of Health (DOH) recently made a presentation regarding its increased investigation and prosecution of the unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty. The Department […]
Legal Responsibilities of Nurse Supervisors
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Although a nursing supervisor is liable for her own negligent acts, the employer is liable for the negligent acts of all employees, including nursing supervisors. Supervisors are not generally liable under the doctrine of respondent superior for the negligent acts […]
Nurses Need to Monitor Their Personal Nursys Profiles
By Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Nurses, did you know that the status of your license and disciplinary actions taken against you are constantly being tracked by employers? It is actually relatively easy with […]
Florida Woman Arrested for Allegedly Posing as a Nurse, Giving Botox Injections-For Second Time
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