The Health Law Blog

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Florida’s Baker Act: What You Need to Know - Part 1

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 are frequently consulted by family members of individuals who are erroneously held under Florida's Baker Act. An erroneous confinement under the Baker Act can occur for a number of different reasons. However, the result is that an independent citizen is confined in violation of his/her constitutional rights to liberty, privacy and the pursuit of happiness. The Baker Act allow...

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5/18/2017 Comments(0)

20 Tips Plus a Bonus for Physicians Negotiating Their Own Employment Contracts

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 often receive calls from physicians and health professionals about reviewing and negotiating contracts, preparing contracts, helping employers and employees enforce contracts, voiding contracts, getting out of contracts and litigating various contract provisions. Physicians and other health professionals should understand the common language and terms found in employment cont...

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5/16/2017 Comments(0)

Jury Finds Four New Orleans Doctors and Others Guilty for Participation in $13.6 Million Medicare Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 9, 2017, a federal jury found four New Orleans doctors and two others guilty for their participation in a Medicare fraud scheme. According to prosecutors the defendants netted more than $13.6 million in fraudulent Medicare reimbursements. Details of the Scheme. The six defendants worked for or with Abide Home Care Services Abide in New Orleans. Federal prosecutors said Abide routinely falsified ...

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5/12/2017 Comments(0)

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 order to get federal grants. According to the judge, the whistleblower in the suit had adequately stated his case against the defendants. The case was originally filed in West Virgi...

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5/11/2017 Comments(0)

Florida Doctors and Pharmacists Beware: Gov. Scott Declares State of Emergency for Opioid Abuse Crisis

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 3, 2017, Florida Gov. Rick Scott declared a state of emergency to combat Florida's opioid-addiction epidemic. According to the governor, the number of overdose deaths has reached epidemic proportions. This declaration will allow nearly $30 million in federal funding to be spent for treatment and prevention services. Given past state actions taken to attempt to eliminate prescription pain medicat...

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5/4/2017 Comments(0)

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 manufacturer as a plaintiff. It accused six others of unfairly pushing it out of the market. U.S. District Judge Rodney Gilstrap overturned a magistrate's decision to send the ...

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4/28/2017 Comments(0)

Did I Miss Something, or Is the Nation's Highest Doctor Now a Nurse? Trump Fires Vivek H. Murthy, M.D., as Surgeon General; Replaces with Sylvia Trent-Adams, R.N.

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law President Trump fired Vivek H. Murthy, M.D., as the U.S. Surgeon General on April 21, 2017, and replaced the nation's top doctor with a nurse. Dr. Murthy was replaced with Sylvia Trent-Adams, a nurse who is a career Public Health Service officer. For more details on the education and credentials of each, see: https://en.wikipedia.org/wiki/Vivek_Murthy and https://www.hhs.gov/about/leadership/sylvia-tre...

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4/25/2017 Comments(2)

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the indivi...

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4/24/2017 Comments(0)

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 been taken. In many cases they had good insurance coverage with CPH & Associates CPH&A Insurance, or another professional li...

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4/17/2017 Comments(0)

Houston Heart Surgeon Wins $6.4 Million Defamation Case Regarding Peer Review

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On March 29, 2017, a Houston heart surgeon was awarded $6.4 million in damages after a jury found that Memorial Hermann Health System Memorial defamed his reputation. The suit arose out of a peer review proceeding against Dr. Miguel Gomez. He claimed that the peer review was not about the quality of health care, but was to retaliate against him for moving his lucrative practice to a competing hospital....

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4/13/2017 Comments(0)