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Mary Bartlett Radkins
Mary Bartlett Radkins
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Bar #365041(FL)    
Tallahassee FL

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89-002014F  KEITH HAYNES vs. BOARD OF MEDICINE  (1989)
Division of Administrative Hearings, Florida Latest Update: Dec. 08, 1992
Whether or not Respondent initiated disciplinary proceedings against Petitioner without any substantial basis in law and fact.Whether respondent initiated disciplinary proceedings against petitioner without any substantial basis in law or fact.
89-002674F  CHARLES C. VASSAR vs. BOARD OF MEDICINE  (1989)
Division of Administrative Hearings, Florida Latest Update: Dec. 05, 1989
The central issue in this case is whether the Petitioner, Charles C. Vassar, M.D., is entitled to an award of attorneys fees as a prevailing party since he successfully defended a disciplinary action brought against him by the Department of Professional Regulation (Department). More specifically, the issue is whether the initiation of the disciplinary proceedings was substantially justified and had a reasonable basis in law and fact at the time of initiation.Claim for attorney's fees denied where probable cause panel had reasonable basis for its decision.
89-001708  BOARD OF MEDICINE vs. ELIEZER FORTICH CASTRO  (1989)
Division of Administrative Hearings, Florida Latest Update: Sep. 21, 1989
This cause proceeded to formal hearing upon the first Amended Administrative Complaint, which alleged in Count I that Respondent had violated Section 458.331(1)(1), F.S. (1985), now Section 458.331(1)(k) F.S. (1987) by making deceptive, untrue or fraudulent representations in the practice of medicine or employing a trick or scheme in the practice of medicine, and which alleged in Count II that Respondent had violated Section 458.331(1)(o), F.S. (1985), now Section 458.331(1)(n), F.S. (1987), by exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party.Confusion of whether a claim was or was not assigned, together with a clerical error and physician cursing was not enough to prove medicare fraud charge
88-004785  BOARD OF MEDICINE vs. ALLAN ERDE  (1988)
Division of Administrative Hearings, Florida Latest Update: Aug. 21, 1989
The issue in this case is whether the license of Allen B. Erde, M.D., should be disciplined by the Florida Board of Medicine based upon actions he is alleged to have taken, or failed to have taken, between August and November, 1986, in the care and treatment of his patient, C.W.Doctor's license suspended and fine given for failure to properly diagnose and care for patient.
89-000319F  BOARD OF MEDICINE vs. MIRCEA ALBIN MORARIU  (1989)
Division of Administrative Hearings, Florida Latest Update: Aug. 14, 1989
The issue for determination is whether Respondent, the state agency charged with regulation of the professional conduct of physicians in the State of Florida, was substantially justified with regard to the initiation of disciplinary proceedings against Petitioner, a licensed physician, in Division Of Administrative Hearings Case No. 87-5413; and whether, in the absence of such substantial justification, Petitioner is entitled to an award ofattorneys' fees and costs pursuant to Section 57.111, Florida Statutes, in connection with that previous administrative proceeding.Attorney's fees denied where substantial justification of initial administra tive complaint existed.
88-004967  BOARD OF MEDICINE vs. JORGE LUIS CAMBO  (1988)
Division of Administrative Hearings, Florida Latest Update: Apr. 03, 1989
The issue is whether Dr. Cambo failed to practice medicine with the level of skill recognized by reasonably prudent similar physicians as acceptable under the circumstances in his care of a patient who allegedly was having a heart attack. Dr. Cambo had the patient transferred from John F. Kennedy Memorial Hospital to Humana Hospital of the Palm Beaches. The patient died shortly after the transfer. The Count alleging that Dr. Cambo had exercised influence over a patient for financial gain (Count II) was dismissed at the opening of the hearing.Claim Medical Doctor guilty of malpractice based on nurses notes rejected because notes tampered with after the fact and were not credible.

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