Don’t Voluntarily Relinquish Your Medical License or DEA Registration Number, Here’s Why
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
I am often contacted by clients who are health professionals or own businesses in the health care industry who have been approached by government agents or investigators regarding possible complaints or charges. In many cases, the individuals involved do not think to consult with an attorney until many months later. This may be too late to save the business or professional practice involved. This holds for physicians, dentists, nurses, pharmacists, pharmacies, pain management clinics, physician assistants, group homes, assisted living facilities […]
COVID-19 Burn Out Causing More Resident Physicians to Unionize, Part 2
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
This is part two of a blog series focusing on the effects of COVID burnout in healthcare professionals. Don’t forget to read part one.
The Problem With Residents’ Working Conditions Existed Long Before the Pandemic.
It’s common for resident physicians to work long hours for relatively low pay. They have little or no ability to determine their schedule and are generally locked into positions for up to seven years. Certainly, medical residents have voiced concerns about their work lives long before the pandemic. Some describe […]
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 LawMany 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 realize, however, is that such insurance provides many added benefits, other than just coverage on nursing liability lawsuits, provided you have obtained the additional coverage from it. It will pay for legal defense expenses if there is a complaint filed against your nursing license. It will pay legal expenses for a lawyer to get involved and represent you […]
NC Medical Malpractice Suit Against the U.S. Dismissed Due to 4-Year Time Limit
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 July 18, 2023, a federal judge in North Carolina granted a motion to dismiss a suit against Naval Hospital Camp Lejeune based on a state law four-year time bar on malpractice claims.
Background Facts.
We have the facts from the court’s decision in this case.
On December 3, 2016, the plaintiff patient arrived at the Naval Hospital Camp Lejeune Emergency Department with abdominal pain, nausea, and vomiting. After examination, […]
United States Court of Appeals Denies U.S. Nursing Corporations Indemnification Challenge Against Nurse Staffing Agency
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 FirmOn 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 […]
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 frontline healthcare workers who’ve experienced revenue losses and increased demand for their services during the pandemic.
To date, it has allocated more than $178 billion in payments to over 410,000 providers across the United States. Click here to learn more.
COVID-19 Uninsured Relief Fund.
Let’s start with some good news: Under the COVID-19 relief funding, HHS created […]
Court Assesses $170 Million in Fines Against Two Texas Ophthalmologists For False Claims
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On November 18, 2021, the Justice Department announced that two Texas ophthalmologists and their eye clinic must pay millions of dollars in penalties for fraudulently billing Medicare. The penalties were assessed in connection with their evaluation and treatment of glaucoma.
U.S. District Judge Lynn Hughes assessed $170 million in penalties against the ophthalmologists and their eye clinic in Houston, Outreach Diagnostic Clinic.
A Former Employee Blew the Whistle.
According to the U.S. Department of Justice (DOJ), the action resulted from a False Claims Act (FCA) or “qui tam” suit. The whistleblower was […]
Finding a Nurses Service Organization Insurance Attorney to Defend You in a Complaint Against Your Nursing 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 Nurses Service Organization (NSO) or one of the other similar insurance companies. This insurance is inexpensive and provides excellent coverage. What you may not realize, however, is that such insurance provides many added benefits, other than just coverage on nursing liability law suits. It will pay for legal defense expenses if there is a complaint filed against your nursing license. It will pay legal expenses for a lwyer […]