Hillsborough FL Administrative law and Health care Lawyers

Bruce Douglas Lamb

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Bar #314714(FL) License for 44 years; Member in Good Standing

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Related Laws :

USC: 42 U.S.C 1395w

CFR: 42 CFR 422, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.352, 42 CFR 422.354

Florida Laws: 120.52, 120.53, 120.54, 120.569, 120.57, 120.60, 120.68, 20.165, 20.43, 373.4141, 395.0193, 408.804, 408.810, 408.812, 409.901, 409.902, 409.912, 409.91211, 409.913, 409.9131, 409.962, 409.966, 409.974, 456.053, 456.057, 456.0635, 456.072, 456.073, 456.079, 456.081, 458.331, 641.316, 766.102, 766.103, 90.502, 90.507, 90.702, 90.703, 90.803

Florida Administrative Code: 64B8-8.001, 64B8-8.007, 64B8-9.003

98-001091 BOARD OF NURSING vs CHERYL ANN WASCONIS (1998)

Division of Administrative Hearings, Florida Filed: Mar. 06, 1998

At issue in this proceeding is whether Respondent committed the offense set forth in the Amended Administrative Complaint and, if so, what penalty should be imposed.Conviction for driving under the influence not shown to be a crime that directly relates to the practice of nursing.

02-000468PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs DAVID WOODING CAHIL, M.D. (2002)

Division of Administrative Hearings, Florida Filed: Feb. 08, 2002

The issues in this case are whether Respondent violated Section 458.331(1)(t), Florida Statutes (1997), by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances (the standard of care); and, if so, what penalty, if any, should be imposed against Respondent's license to practice medicine. (All chapter and section references are to Florida Statutes (1997) unless otherwise stated).Physician of record who is member of faculty does not depart from standard of care when resident physicians perform surgery incorrectly and faculty member does not participate in surgery.

01-002241PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs HULLON E. SWITZER, M.D. (2001)

Division of Administrative Hearings, Florida Filed: Jun. 05, 2001

Did Respondent fail to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances in responding to Patient W.M.'s health needs?The care provided by Respondent was not shown to be below that of a reasonably prudent physician.

00-000023 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs DAVID IRA MINKOFF, M.D. (2000)

Division of Administrative Hearings, Florida Filed: Jan. 05, 2000

The issue in the case is whether the allegations set forth in the Administrative Complaint filed against the Respondent are correct and, if so, what penalty should be imposed.Providing prescription medication to non-patient warrants discipline.

99-003870 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CATHERINE MARIE LYNCH, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Sep. 15, 1999

The issue in this case is whether Respondent, Catherine Marie Lynch, M.D., should be disciplined on charges alleged in the Amended Administrative Complaint filed by Petitioner, the Department of Health (DOH), in DOH Case No. 98-14411. Essentially, the charges are that Respondent practiced obstetrical medicine below acceptable standards on November 9, 1997, by not decreasing or discontinuing a patient's Pitocin and by delaying performance of a Cesarean section notwithstanding fetal heart rate (FHR) decelerations requiring contrary action.Administrative Complaint charged that Respondent`s medical practice was below the standard of obstetrical care by failing to discontinue Pitocin and perform a Cesarean section soon enough. The charges were not proven by clear and convincing evidence.

95-005558 DEPARTMENT OF HEALTH vs FRANK STERLING MILES (1995)

Division of Administrative Hearings, Florida Filed: Nov. 16, 1995

Whether Respondent violated Sections 459.015(1)(o),(t), and (x), Florida Statutes, and, if so, what penalty should be imposed on his license to practice as an osteopathic physician.Respondent failed to keep medical records justifying treatment and prescribed medication excessively and inappropriately. Recommend one year probation and $3,000 fine.

97-003363 BOARD OF MEDICINE vs SAM NAJJAR (1997)

Division of Administrative Hearings, Florida Filed: Jul. 21, 1997

Whether disciplinary action should be taken against Respondent's license to practice medicine based on: The allegations of the Administrative Complaint in DOAH Case No. 97-3363, pertaining to patient R.W., of violations of Sections 458.331(1)(q), Florida Statutes, [failure to appropriately prescribe in the best interest of the patient]; 458.331(1)(t), Florida Statutes, [failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances]; and Section 458.331(1)(m), Florida Statutes, [failure to keep medical records justifying the course of treatment of the patient during his care of the patient]; and The allegations of the Administrative Complaint in DOAH Case No. 97-3442, pertaining to patient N.W., of violating Section 458.331(1)(t), Florida Statutes, [failure to practice medicine with that level of care, skill, and treatment recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances].Medical doctor violated "good records" requirement but there was no flawed standard of care or failure to appropriately prescribe legend drugs . No violation where hospital failed to convey "red flag" diagnostic material to Respondent

94-005411 BOARD OF MEDICINE vs SAMIR NAJJAR (1994)

Division of Administrative Hearings, Florida Filed: Sep. 27, 1994

The issue to be resolved in this proceeding concerns whether the Respondent is guilty of certain alleged violations of Section 458.331(1)(m), (q), and (t), Florida Statutes, concerning his treatment of one patient during 1984 and 1985 and, if so, what penalty is warranted.Petitioner failed to show Respondent departed from practice standards even though patient became dependent on medication because it was only effective treatment. The records justified it.

94-006352 BOARD OF MEDICINE vs PHILIP F. WATERMAN (1994)

Division of Administrative Hearings, Florida Filed: Oct. 27, 1995

The issues are whether Respondent is guilty of violations of Section 458.331(1)(k), (m), and (t) in the practice of medicine and, if so, what penalty the Board of Medicine should impose.Petitioner failed to prove that Respondent violated applicable standard of care by failing to order tests/recheck at stated interval/or recheck if breast self-exam unusual.

96-002016F SABIH KAYAN vs BOARD OF MEDICINE (1996)

Division of Administrative Hearings, Florida Filed: May 02, 1996

The issue in this case is whether the Agency for Health Care Administration (AHCA) prosecution of the Petitioner for alleged violations of the Medical Practices Act was "substantially justified" under the terms of Section 57.111, Fla. Stat. (1995), the Florida Equal Access to Justice Act.Probable Cause based on investigative report and expert opinion was ""substantial justification."" 2nd Probable Cause for amended Administrative Complaint irrelevant. Factual errors not obvious.