In medical malpractice cases, Florida, like other states, relies on a general concept of “standard of care” that can be difficult to understand. Typically, it means acting as a reasonably prudent medical provider of the same specialty would act given the same set of circumstances. However, since no two medical cases are exactly the same and there may be different acceptable responses to the same set of circumstances, determining that a doctor has indeed deviated from the standard of care can be very difficult.
This difficulty limits the number of medical malpractice settlements and awards, with more than half of all claims being dropped, dismissed or withdrawn. However, the damage to your practice, income, and career can still be significant, since all allegations of malpractice can result in a complaint being filed and investigated by the Florida Department of Health (DOH).
These complaints should be taken seriously because they can lead to disciplinary action against your medical license. Presenting a thorough defense to the DOH early in the process is important for your career and future. Attorney Jonathan Rose has the experience and skill as a defense and healthcare attorney you need to successfully defend your medical license and protect your future.
What to Do If a Complaint for Deviating from the Standard of Care Is Filed Against You
If you received a complaint letter from the Department of Health, you need to respond as requested. Hopefully you’ll be able to successfully challenge the complaint and get the case closed. An experienced medical license defense attorney knows what the Board is looking for and can help you prepare an effective response.
If it appears that a violation of Florida’s Medical Practice Act may have occurred, the complaint will be investigated. However, working with your attorney to prepare supporting information to show that a violation did not occur could help you get the case closed.
Cases that are not closed are decided by a Probable Cause Panel (PCP) composed of 2 or 3 board members, 1 or 2 licensed physicians, and a consumer member. If probable cause is found, the Formal Administrative Complaint process begins and the case becomes public. If probable cause is not found, the case is closed and remains confidential.
When an Administrative Complaint is filed, you must determine if you’re going to challenge the complaint at a formal hearing, negotiate a settlement, or attempt to mitigate the disciplinary action at an informal hearing. In any case, discipline for Administrative Complaints can be very serious, including, a fine, required continuing education, probation, restriction of your practice, suspension of your license, and revocation of your license.
With such high stakes, it’s important to take the action necessary to protect your career and your future. Having a skilled medical license defense attorney advocating for you is definitely in your best interest. It can make the difference between minimal disciplinary action and suspension or revocation of your license.
Get Help from an Experienced Medical License Defense Attorney
When your medical license and your future are at stake, you need an attorney who will fight aggressively to protect your rights and your future. You need an attorney who has successful experience in defense and healthcare law in both state and federal court.
Jonathan Rose has close to twenty years’ experience in state and federal court. He has helped many doctors challenge administrative complaints, license suspensions, and criminal charges and has the expertise in defense and healthcare law to help protect your medical license, career, and future.