Physician License Defense in the Gainesville Metropolitan Area

Physicians practicing in the Gainesville metro area are regulated and examined by the Florida Board of Medicine (Board). As a licensed physician, you are entitled, due to your hard work and expertise, to work as a licensed professional. Your license grants you professional income, security, and standing. However, the Board is granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules. Many times, allegations that a physician has violated a rule are based on a misunderstanding, or even a personal grievance held by a patient. Regardless of whether any allegation has merit, it is important to take it seriously and address any complaint as soon as possible.

The LLF National Law Firm and its Professional License Defense Team have many years of experience defending physicians against allegations of misconduct.  We are available to help throughout the State of Florida and can represent you before the Board throughout the Gainesville Metro area, including Gainesville, Lake City, Alachua, and Newberry. Our Team provides services in all areas related to physician license defense.

Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.

Practice of Medicine in the Gainesville Metro Area

The practice of medicine is diverse in the Gainesville Metro area, from small one or two-doctor offices to large hospitals and institutions such as:

• UF Health Shands Hospital
• HCA Florida North Florida Hospital
• North Florida Medical Center
• Randall VA Medical Center

Regardless of the size of your practice or specialty, the Board is authorized by Florida law to regulate and license any person who practices medicine in the State of Florida, including the Gainesville Metro area. In addition to the Board’s role in licensing physicians and setting standards for continuing education, it is also in charge of disciplining physicians who violate Florida state laws, rules, and regulations related to their license.

Under Florida state law, the Board generally has broad authority to suspend or even revoke the license of a physician. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the Board. Let the LLF National Law Firm’s Professional License Defense team assist you so that you can preserve your license and continue your valuable practice.

Conduct That Is Grounds for Discipline of Physicians in the Gainesville Metro Area  

The State of Florida has specific laws, rules, and regulations that govern the practice of medicine. Generally speaking, these are designed to ensure that physicians conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss or suspension of your license for the most serious infractions. There is a wide range of actions that can cause a physician to be subject to discipline, including:

• Attempting to obtain, obtaining, or renewing a license to practice medicine by bribery, by fraudulent misrepresentations, or through an error of the Board or the board.
• Having a license or the authority to practice medicine revoked, suspended, or otherwise acted against by the licensing authority of any jurisdiction, including its agencies or subdivisions.
• Being convicted or found guilty of a crime in any jurisdiction that directly relates to the practice of medicine.
• False, deceptive, or misleading advertising.
• Failing to report to the Board any person whom the licensee knows is in violation of this chapter or of the rules of the Board.
• Aiding, assisting, procuring, or advising any unlicensed person to practice medicine.
• Failing to perform any statutory or legal obligation placed upon a licensed physician.
• Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law.
• Paying or receiving any commission, bonus, kickback, or rebate, or engaging in any split-fee arrangement
• Exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity.
• Making deceptive, untrue, or fraudulent representations in or related to the practice of medicine.
• Soliciting patients through the use of fraud, intimidation, or undue influence.
• Failing to keep proper medical records.
• Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain.
• Promoting or advertising on any prescription form in a community pharmacy.
• Performing professional services that have not been duly authorized by the patient or client.
• Prescribing, dispensing, administering, mixing, or otherwise preparing a controlled substance, other than in the course of the physician’s professional practice.
• Being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.
• Committing medical malpractice or gross medical malpractice.
• Performing any procedure or prescribing any therapy that would constitute experimentation on a human subject, without first obtaining full, informed, and written consent.
• Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.
• Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.
• Violating a lawful order of the Board or department.
• Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.
• Procuring, or aiding or abetting in the procuring of, an unlawful termination of pregnancy.
• Pre-signing blank prescription forms.
• Failing to properly supervise the activities of those physician assistants, paramedics, emergency medical technicians, advanced practice registered nurses, or anesthesiologist assistants acting under the supervision of the physician.
• Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin, or other hormones for the purpose of muscle building or to enhance athletic performance.
• Misrepresenting or concealing a material fact at any time during any phase of a licensing or disciplinary process or procedure.
• Improperly interfering with an investigation or with any disciplinary proceeding.
• Failing to report to the Board any licensee whom the physician knows has violated the grounds for disciplinary action set out in the law.
• Advertising or holding oneself out as a board-certified specialist if not qualified.
• Failing to provide patients with information about their patient rights and how to file a patient complaint.
• Providing deceptive or fraudulent expert witness testimony related to the practice of medicine.
• Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance.
• Dispensing a controlled substance.

As discussed below, oftentimes the Board will take the word of patients or others at face value instead of critically examining any mitigating or exculpatory evidence. This leads to overcharging or even bringing a complaint that is completely baseless. The LLF National Law Firm will fight these charges and/or negotiate with the Board to a mutually acceptable conclusion.

What Happens After Allegations of Misconduct Are Made Against a Licensed Physician

Notably, a proceeding with the Florida Board of Medicine is not a full-scale legal proceeding. Although some legal principles are used, there is a distinct lack of procedural rules and other protections that are commonly available in a court of law. This sometimes results in the deck being stacked against you, making it imperative to contact the LLF National Law Firm.

This makes it crucial to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you.  Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process and may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.

Florida also has specific rules that govern the procedures for the handling of complaints made against licensed physicians. Please refer to the Florida rules for specific information, or contact the LLF National Law Firm’s Professional Defense Team to speak to one of our professionals.

If a complaint is filed against you and you are asked to be interviewed by an investigator, it is crucial to speak with an attorney as soon as possible. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date.

If the physician is found guilty, the Board may do one or more of the following:

• administer a public reprimand;
• suspend, limit, or restrict the person’s license or other authorization to practice medicine, including:
• limiting the practice of the person to or excluding one or more specified activities of medicine;  or
• stipulating periodic Board review;
• revoke the person’s license or other authorization to practice medicine;
• require the person to submit to care, counseling, or treatment of physicians designated by the Board as a condition for:
  • the issuance or renewal of a license or other authorization to practice medicine;  or
  • continued practice under a license;
• require the person to participate in an educational or counseling program prescribed by the board;
• require the person to practice under the direction of a physician designated by the Board for a specified period;
• require the person to perform public service considered appropriate by the board;  or
• assess an administrative penalty against the person.

The Board has published specific guidelines that mandate the punishment for the various infractions outlined above.

Why You Should Hire a Lawyer

Although you have the absolute right to defend yourself in any proceeding before the Board, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without the LLF National Law Firm by your side. Even if your license is not revoked or suspended, your job may be in jeopardy if you are employed by a hospital or health system such as Florida Children’s Hospital or UAMS Medical Center.

Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the Board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings, where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.

Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board cannot use the fact that you hired an attorney against you. In many cases, hiring the LLF National Law Firm is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the Board being open to an amicable settlement on terms that fall short of severe discipline.

How We Can Help

The LLF National Law Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation.  We have worked with physicians in the Gainesville metro area and nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.

When you retain our team, we will:

• Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
• Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
• Represent you during the investigatory process with the goal of having the complaint dismissed
• If a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
• Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
• If a negative outcome results from the hearing, filing an appeal in the Florida court system to vindicate your rights

Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.