Leon FL Administrative law, Government and Litigation Lawyer -- eLawyers

Donald C. Freeman

Visitors: 142

Bar #736171(FL) License for 21 years; Member in Good Standing

Tallahassee FL

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Florida Laws: 120.569, 120.57, 20.43, 381.0261, 409.901, 409.902, 409.904, 409.905, 409.913, 409.919, 409.920, 414.095, 440.13, 445.024, 456.061, 456.072, 456.073, 456.079, 456.50, 458.331, 627.736, 766.102, 893.03

Florida Administrative Code: 64B8-8.001

07-003609PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JOHN B. MILTON, M.D. (2007)

Division of Administrative Hearings, Florida Filed: Aug. 09, 2007

Should discipline be imposed against Respondent's license to practice medicine for violation of Section 458.331(1)(m) and (t), Florida Statutes (2005)?Respondent did not violate the standard of care in diagnosis and treatment provided.

05-004333EC IN RE: DANNY HOWELL vs * (2005)

Division of Administrative Hearings, Florida Filed: Nov. 23, 2005

The issues for determination are whether Respondent violated Subsections 112.313(2), 112.313(4) and 112.313(6), Florida Statutes (2004),1/ as alleged, and, if so, what penalty should be imposed.Respondent did not require or pressure city manager to maker various payments on his behalf or to purchase computer for Respondent`s son. Thus Respondent did not violate 112.313(21), (4), and (6).

98-005479 JEAN JOSEPH LOCHARD vs BOARD OF MEDICINE (1998)

Division of Administrative Hearings, Florida Filed: Dec. 14, 1998

The issue in the case is whether the Respondent should grant the Petitioner’s application for licensure in Florida as a physician. Specifically, the Respondent asserts that the Petitioner’s application should be denied based on alleged inability to practice medicine with reasonable skill and safety, and on the Petitioner’s alleged material misrepresentations made during the course of the licensing process.Evidence fails to establish applicant is unable to practice with reasonable skill and safety.

98-003728 BOARD OF MEDICINE vs ROLANDO ROBERTO SANCHEZ (1998)

Division of Administrative Hearings, Florida Filed: Aug. 24, 1998

The issue presented for decision in this case is whether Respondent should be subjected to discipline for the violations of Chapter 458, Florida Statutes, alleged in the Administrative Complaint issued by Petitioner on July 28, 1998.Physician found to have violated Section 458.331(1)(p), Florida Statutes, for performing central venous catheter procedure on wrong patient.

99-004716 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CESAR AUGUSTO LARA, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Nov. 09, 1999

The issue in this case is whether Respondent, Cesar Augusto Lara, M.D., should be disciplined on charges alleged in the Administrative Complaint filed by Petitioner, the Department of Health (DOH), in DOH Case No. 96-12965. Essentially, the charges are that Respondent practiced medicine below acceptable standards after receiving a questionable chest X-ray on a patient on November 17, 1994.Although discussion of questionable x-ray and follow-up appt was not documented, evidence failed to prove that Resp failed to discuss the matters with patient. Practice below the standard of care or failure to keep appropriate medical records not proven.

99-002397 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ROBERT G. BOURQUE, M.D. (1999)

Division of Administrative Hearings, Florida Filed: May 28, 1999

The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.Clear and convincing evidence that Respondent did not violate any standard of care in treating a patient with an ectopic pregnancy.

98-004462 BOARD OF MEDICINE vs WILLIAM O. DEWEESE (1998)

Division of Administrative Hearings, Florida Filed: Oct. 08, 1998

The issue in this case is whether the Respondent should be disciplined for allegedly practicing medicine below the generally accepted standard of care when he performed a laminectomy and discectomy at the incorrect level of a patient's lumbar spine.Surgeon operated at an unintended level of the spine, but it was not proven that he did not have radiological confirmation. There were enough factors to explain his error, so that the alleged violation and practice below standard of care were not proven.

98-000330 BOARD OF MEDICINE vs JOSEPH RICHICHI (1998)

Division of Administrative Hearings, Florida Filed: Jan. 15, 1998

The issue is whether Respondent is guilty of departing from the applicable standard of care, failing to keep adequate medical records, or making deceptive, untrue, or fraudulent representations in the practice of medicine and, if so, what penalty should be imposed.Thirty-day suspension, two years` probation, ten hours` continuing medical education, and $10,000 fine for departing from applicable standard of care, failing to make timely referral for rectal/bowel problems, and representing fraudulent medical records.

98-003903RX DIANE GOSSETT vs AGENCY FOR HEALTH CARE ADMINISTRATION (1998)

Division of Administrative Hearings, Florida Filed: Aug. 28, 1998

Whether the Respondent’s Career Service Grievance Policy Statement #92/93-HR-2, is an invalid exercise of delegated legislative authority, based on an alleged conflict with Section 447.401, Florida Statutes.Agency is not required to refer grievance to impartial neutral. Statute applicable only to collective bargaining disputes.

97-000721 BOARD OF MEDICINE vs ERNESTO PINZON-REYES (1997)

Division of Administrative Hearings, Florida Filed: Feb. 13, 1997

The issues are whether Respondent is guilty of violating the applicable standard of care; prescribing a legend drug other than in the course of his professional practice; failing to keep written medical records justifying the course of treatment of the patient; making deceptive, untrue, or fraudulent representations related to the practice of medicine or employed a trick or scheme in the practice of medicine; or practicing beyond the scope permitted by law or performed professional responsibilities that he knew or had reason to know he was incompetent to perform. If so, an additional issue is what penalty should be imposed.Recommended one-year suspension for Respondent`s falsification of medical record to show administration of potassium chloride by intravenous (IV) bag instead of by IV push.