Miami-Dade FL and Criminal defense Lawyers | Sean Michael E -- eLawyers

Sean Michael Ellsworth

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Bar #39845(FL) License for 31 years

Miami Beach FL

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Florida Laws: 120.52, 120.54, 120.569, 120.57, 120.60, 120.68, 194.171, 20.165, 20.197, 20.43, 381.0261, 390.011, 390.014, 393.067, 395.003, 408.813, 409.901, 409.902, 409.907, 409.913, 409.920, 415.101, 415.102, 429.01, 429.02, 429.04, 429.07, 429.14, 429.19, 429.23, 429.28, 440.13, 456.004, 456.013, 456.057, 456.061, 456.0635, 456.072, 456.073, 456.079, 456.50, 458.301, 458.305, 458.309, 458.319, 458.320, 458.327, 458.331, 458.351, 459.005, 460.413, 465.003, 465.014, 465.016, 465.023, 465.025, 465.0276, 466.024, 466.028, 499.003, 499.005, 499.006, 499.007, 57.105, 57.111, 627.4085, 627.736, 627.8405, 766.102, 810.02, 812.014, 817.234, 893.02, 893.03, 893.04, 893.07, 90.301, 90.801, 90.802, 90.803, 90.804, 95.011

Florida Administrative Code: 28-106.217, 64B8-8.001, 64B8-8.0011, 64B8-9.003, 64B8-9.009, 64B8-9.0091, 64B8-9.0092

10-009430PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs RICARDO JOSE SABATES, M.D. (2010)

Division of Administrative Hearings, Florida Filed: Oct. 04, 2010

The issues are whether Respondent is guilty of: 1) failing to practice medicine within the applicable standard of care, as required by section 458.331(1)(t), Florida Statutes, by inappropriately and excessively prescribing one or more controlled substances and 2) failing to keep medical records that justify the course of treatment for prescribing one or more controlled substances, as required by section 458.331(1)(m), Florida Statutes, by failing to document patient histories, examination results, test results, results of drugs prescribed, dispensed or administered, or reports of consultations or hospitalizations, or failing to justify the amount and dosage of pills prescribed.Discipline for 9 counts of medical-records violations and 4 counts of standard-of-care violations by physician prescribing opioids for treatment of pain.

10-002796PL DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE vs MIA A. HIGGINBOTHAM, D.C. (2010)

Division of Administrative Hearings, Florida Filed: May 21, 2010

The issues in this case are whether Respondent was convicted or found guilty of a crime which directly relates to the practice of chiropractic medicine; and, if so, whether Petitioner should impose discipline on Respondent's chiropractic license within the applicable penalty guidelines or take some other action.Respondent established reasonable grounds, consistent with innocence, for pleading nolo contendere to criminal fraud charges for which she was not adjudicated guilty; thus Respondent was not convicted or found guilty of a crime.

11-001089 TRINIDAD FIGUERADE ROJAS, M.D. vs DEPARTMENT OF HEALTH (2011)

Division of Administrative Hearings, Florida Filed: Mar. 01, 2011

Whether Respondent should refuse to renew Petitioner's medical license on the ground that Petitioner has been terminated for cause from the Florida Medicaid program, as Respondent has indicated it intends to do.Because Petitioner had been terminated for cause from the Florida Medicaid program, the Department was barred, by section 456.0635(2)(b), from renewing her medical license,

10-010003 AGENCY FOR HEALTH CARE ADMINISTRATION vs THE MUNNE GROUP, INC., D/B/A MUNNE CENTER, INC. (2010)

Division of Administrative Hearings, Florida Filed: Nov. 01, 2010

Whether Respondent committed the Class "II" violation alleged in Counts I and II of the Amended Administrative Complaint and, if so, what sanction(s) should be imposed.Agency did not meet its burden of proving by clear and convincing evidence that ALF operator failed to provide the residents of its ALF appropriate supervision.

08-004285PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs LUCIEN ARMAND, M.D. (2008)

Division of Administrative Hearings, Florida Filed: Aug. 29, 2008

The issues for determination are whether Respondent Lucien Armand, M.D., violated Section 458.331(1)(v), Florida Statutes (2006); Section 458.331(1)(nn), Florida Statutes (2006), by violating Florida Administrative Code Rule 64B8-9.009(2) and (4), and Section 458.351, Florida Statutes (2006); Section 458.331(1)(m), Florida Statutes (2006); and Section 458.331(1)(t), Florida Statutes (2006), as alleged in an Amended Administrative Complaint filed by the Department of Health before the Board of Medicine on June 20, 2008; and, if so, what disciplinary action should be taken against his license to practice medicine in the State of Florida.Respondent violated the statutes and rules alleged when he performed Level II surgery in an office not registered for such surgery.

08-004403PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs LUCIEN ARMAND, M.D. (2008)

Division of Administrative Hearings, Florida Filed: Sep. 08, 2008

The issues for determination are whether Respondent Lucien Armand, M.D., violated Section 458.331(1)(nn), Florida Statutes (2004), by having violated Florida Administrative Code Rules 64B8-9.009, 64B8-9.0091, and 64B8-9.0092, and Section 458.331(1)(m), Florida Statutes (2003), as alleged in an Administrative Complaint filed by the Department of Health before the Board of Medicine on March 28, 2006; and, if so, what disciplinary action should be taken against his license to practice medicine in the State of Florida.Respondent violated the office surgery rule by failing to keep adequate records of Level III office surgery. He was not required to undergo inspection after he withdrew request for registration for Level II/III office surgery.

07-000096PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JOSE SUAREZ-DIAZ, M.D. (2007)

Division of Administrative Hearings, Florida Filed: Oct. 12, 2007

The issues in this case for determination are whether Respondent Jose Suarez-Diaz, M.D., violated Section 458.331(1)(m) and (t), Florida Statutes (2003), as alleged in an Amended Administrative Complaint filed by the Department of Health before the Board of Medicine on November 29, 2006; and, if so, what disciplinary action should be taken against his license to practice medicine in the State of Florida.While the evidence proved that Respondent`s medical records were in violation of Section 458.331(1)(m), Florida Statutes, the evidence failed to prove that Respondent violated the standard of care.

06-003491MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs EDWARD WALTERS, DDS (2006)

Division of Administrative Hearings, Florida Filed: Sep. 15, 2006

The issue for determination is whether Respondent is personally liable to Petitioner for the principal sum of $333,632.00, which equals the amount that the Florida Medicaid Program paid in excess of coverage on claims arising from Respondent's furnishing goods or services to patients who were seen in his dental office between January 1, 2001 and December 31, 2005.Because he was in fact a Medicaid provider, Respondent is personally liable to Petitioner for the amount that the Florida Medicaid Program paid him in excess of coverage on claims submitted between January 1, 2001 and December 31, 2005.

05-002648PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JAMES P. WEINER, M.D. (2005)

Division of Administrative Hearings, Florida Filed: Jul. 26, 2005

Whether Respondent violated Subsection 456.072(1)(aa), Florida Statutes (2003),1 and, if so, what discipline should be imposed.Respondent ordered a procedure for a patient, but the surgical center scheduled a different procedure to which the patient consented. Respondent started to perform the procedure scheduled by the center, but saw it was not the originally ordered procedure.

05-001640PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs PETER N. BRAWN, M.D. (2005)

Division of Administrative Hearings, Florida Filed: May 06, 2005

The issue in this case is whether Respondent, Peter N. Brawn, M.D., committed violations of Chapter 458, Florida Statutes, as alleged in an Administrative Complaint filed by Petitioner, the Department of Health, on January 21, 2004, in DOH Case Number 2002-15991; and, if so, what disciplinary action should be taken against his license to practice medicine in the State of Florida.Respondent dispensed medicine over internet without examination, history, or plan.