About The Health Law Firm

The Health Law Firm concentrates on representing health care providers. Our health law attorneys and paralegals have decades of experience in the legal and health care fields. Our health law attorneys include those Board Certified in Health Law, Masters degree trained, former hospital counsel and licensed health care professionals. Our clients include physicians, dentists, nurses, psychiatrists, psychologists, medical students, nursing homes, home health agencies, hospitals, health insurers, medical groups, durable medical equipment (DME) suppliers, and other health care providers.
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Retaliation Because Graduate Student Requested Reasonable Accommodations Is Illegal Old Dominion University Case Shows

Author and Attorney HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Does a graduate student, resident physician or fellow have a good legal cause of action for retaliation or discrimination based on their school or program, retaliating against them for requesting reasonable accommodations? The answer is “Yes,” as a fairly recent case shows.

U.S. Department of Justice vs. Old Dominion University.

In the case of the U.S. Department of Justice vs. Old Dominion University, a doctoral student with a disability was discriminated against and retaliated against by Old Dominion University (ODU), in Norfolk, Virginia, for asking for reasonable accommodations.

Because the graduate student requested reasonable accommodations, their […]

By |2024-03-14T09:59:18-04:00October 10, 2023|Medical Education Law Blog|
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DOJ Files False Claims Suit Against Nursing Homes Over “Substandard Services and Nonexistent” Care

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On June 15, 2022, the U.S. Department of Justice (DOJ) announced it has sued three nursing homes in Ohio and Pennsylvania, citing their “grossly substandard skilled nursing services.” The False Claims Act (FCA) complaint against the American Health Foundation (AHF), its affiliate AHF Management Corporation, and three nursing homes alleges the facilities fraudulently billed the Centers for Medicare & Medicaid Services (CMS) for often “nonexistent care.”

According to the complaint, all three AHF nursing homes not only provided substandard nursing home care services that failed to meet required standards of care but also did not maintain adequate […]

By |2024-03-14T09:59:18-04:00October 5, 2023|Health Facilities Law Blog|
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Additional Negative Consequences for Discipline on Your Professional License, Part 1 of 2

Attorney and Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Do you have a medical, pharmacist, counselor, or nursing license in more than one state?  Do you have a license in more than one profession?  Have you been notified that an investigation has been opened against your professional license?  Are you thinking about resigning your professional license or voluntarily relinquishing (giving up) your license?  Then you should be aware of some important facts you may not have known.

First, you should never voluntarily relinquish or resign your professional license after you know that an investigation has been opened or that disciplinary action has been […]

By |2024-03-14T09:59:18-04:00October 5, 2023|Dental Law Blog|
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Helpful Tips Healthcare Professionals Should Be Following for Professional Correspondence

George Indest HeadshotBy 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 company, a lawsuit filed by a patient, a complaint being investigated by the licensing agency, an investigation of an incident, or another serious matter.

In many cases, way too many cases, such correspondence is unprofessional and defeats the purpose of the reason you are sending the correspondence. Sometimes the “letter” is so bad, that it will be […]

By |2024-03-14T09:59:18-04:00October 5, 2023|Medical Education Law Blog|
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Harvard Med School Morgue Director Allegedly Sold Body Parts, Class Action Says

Author headshot standing in dark suit with red tie against a dark grey backgroundBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In a morbid but extremely popular class action lawsuit filed on June 16, 2023, illegal body parts sales was alleged. The lawsuit against Harvard University contained allegations that its morgue manager was selling body parts from 350-400 donated cadavers. Many donors have now requested their bodies back.

Family members of the deceased had voluntarily donated the cadavers to the prestigious institution to further the medical and scientific study of the human body.

Massachusetts state law recognizes that […]

By |2024-03-14T09:59:19-04:00October 4, 2023|Mental Health Law Blog|
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United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency

Author HeadshotBy 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 May 18, 2023, the United States Court of Appeals for the Sixth Circuit affirmed a U.S. district court’s decision to deny U.S. Nursing Corporation a new trial. The appellate court stated that the opposing counsel’s closing argument and the erroneous preclusion of evidence had no substantial effect on the trial’s outcome; thus, there was no reversible error.
The First Lawsuit.
The original lawsuit filed in state court concerned a patient suing Appalachian Regional Healthcare, Inc., for exacerbating his spinal injury. He claimed that a nurse transported him […]
By |2024-03-14T09:59:19-04:00October 4, 2023|Medical Education Law Blog|
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How to Find a Lawyer Who Accepts HPSO Insurance to Defend Healthcare Providers

Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Healthcare professionals such as pharmacists, licensed mental health counselors, advanced registered nurse practitioners (ARNPs), and massage therapists often struggle to find experienced lawyers in Florida who will accept their professional liability insurance after receiving complaints from the Department of Health (DOH). Specifically, in this blog, the insurance provider in question is Healthcare Providers Service Organization (HPSO) Insurance.

Advantages of Having HPSO Insurance.

The medical professionals HPSO Insurance covers can give a sigh of relief knowing they have excellent insurance coverage. HPSO Insurance provides professional liability coverage that protects them in the event of a lawsuit or negligence […]

By |2024-03-14T09:59:19-04:00October 2, 2023|Pharmacy Law Blog|
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Facebook’s $725 Million Data-Privacy Settlement’s Impact on Healthcare

Author headshot standing in dark suit with red tie against a dark grey backgroundBy 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

Facebook agreed to the largest-ever data privacy settlement in December 2022. The $725 million settlement comes after nearly five years of litigation and contentious negotiations.

The class action lawsuit revolved around allegations that Facebook had been sharing user data with third parties without the users’ consent or knowledge. The case stemmed from the 2016 investigation into the Facebook election scandal.

In that scandal, Facebook was accused of selling user data to a political consulting firm that […]

By |2024-03-14T09:59:19-04:00October 2, 2023|Nursing Law Blog|
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Iowa Appellate Court Reverses $6 Million Nursing Home Negligence Decision Because of Hearsay Testimony

Author HeadshotBy 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 June 21, 2023, the Iowa Court of Appeals overturned the verdict in a nursing home negligence case that awarded $6 million in compensation and damages to the plaintiff. The case was reversed and remanded for a new trial because the trial court judge admitted inadmissible hearsay testimony into evidence. The testimony being appealed was that of staff members who claimed to have heard “reports” and “rumors” of alleged abuse by a nurse on staff toward not only the resident in question but other residents.
Hearsay in […]
By |2024-03-14T09:59:19-04:00September 28, 2023|Dental Law Blog|
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Resident Physicians and Fellows:  No, it Is Not Alright to Hug or Touch Others!  Important Lessons Regarding Boundaries in the Workplace

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
I am writing to break the news to many of you:  No, it is not appropriate to touch any of your co-workers in the workplace, nor to hug them, nor to give them back-rubs or massages, nor to pat them on the butt!  I know, breaking news, huh?
The reason that I am writing this blog is that most recently, and I am speaking about within the last two months here in September 2023, we have had calls from three different resident physicians and fellows, getting booted out of their graduate medical education (GME) programs for the […]
By |2024-03-14T09:59:19-04:00September 28, 2023|Medical Education Law Blog|
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
The Health Law Firm, a Florida professional service corporation, since 1999.
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