News & Resources
Posted on: March 22, 2019 Catgeories: Business Litigation, Health Care, Health Law,Posted on: February 26, 2019 Catgeories: Uncategorized,Posted on: February 26, 2019 Catgeories: Uncategorized,Posted on: February 19, 2019 Catgeories: Uncategorized,Posted on: February 19, 2019 Catgeories: Business Litigation, Employment Law,Posted on: February 19, 2019 Catgeories: Employment Law, FirmNews, News & Resources,Posted on: February 12, 2019 Catgeories: Health Care, Health Law, Hospital, Medical License Issues, Personal Counsel,
Under the Florida Health Care Clinic Act, most health care clinics not owned by a licensed physician or practitioner must apply for a license with the Agency For Health Care Administration (AHCA). The licensing process can be quite onerous and requires background checks of owners and certain employees, financial requirements, and inspections. Because the law was a result of investigations into personal injury clinics, a quirk in the language of the law made it possible for health care clinics that did not submit claims to either insurance or government payers to avoid the licensure requirement. There are many such practices...Posted on: March 13, 2019 Catgeories: FirmNews, Health Law, Personal Counsel,
To our physician clients and friends: We want to let you know about a phony DEA agent scam that was attempted on one of our physician clients the other day. Our client texted one of our partners, advising that he was on the phone with a person who represented herself as a DEA agent, who was calling to inform the physician that his license was going to be immediately suspended and he was going to be arrested. We were able to instantly conference into the call with the “DEA agent” and physician. The “DEA agent” identified herself with a DEA...Posted on: March 4, 2019 Catgeories: Employment Law,
On February 28, 2019, a jury verdict of 2.9 million dollars was entered against Stake ‘N Shake, for not paying overtime to their managers. That amount is likely to be doubled by the Court within the two months, or so, because under the FLSA the amount the jury awards is often doubled as a legally mandated penalty against the employer. The issue is that the employees suing Stake ‘N Shake were managers, and they were still entitled to overtime. In a famous case Family Dollar was hit with a judgement against them of over ten million dollars when their managers...
Another recent wrongful death lawsuit against an insured attending physician in Broward county demonstrates just how important personal counsel can be when the damages of a case threaten to exceed the limits of a physician’s malpractice insurance policy. In 2014, an attending physician, Dr. A.M., was sued for medical malpractice and the wrongful death of his hospital patient. A family medicine doctor, neurologist and cardiologist were also named as defendants. The case concerned a patient who presented with symptoms of Guillain-Barre Syndrome. The Plaintiff alleged that while this condition can be deadly, it is almost always survivable if a patient...
Contrary to popular belief, medical malpractice insurance does not insulate a physician against personal financial exposure. In fact, most doctors in Florida only carry $250,000 in coverage when the malpractice verdicts commonly exceed $1,000,000. You can do the math yourself. Personal counsel can assist a physician by providing legal advice to best protect a physician against personal exposure when the damages of a case threaten to exceed the limits of the malpractice insurance policy. A recent wrongful death lawsuit against a doctor in Palm Beach county demonstrates just how important personal counsel can be. In 2015, a plaintiff filed a...
Overtime seems like an easy concept; the employee is entitled to 150% of their regular hourly pay for every hour of overtime they work. However, under the Fair Labor Standards Act (FLSA) there are special rules for employees who make different rates throughout the course of the week, and when those different jobs count as independent employment, versus when the work at both jobs must be counted towards the employee’s forty hours per-week. A typical situation where this arises is in a restaurant where an employee sometimes acts as a manager and sometimes as a server, in this case the...
Hiring illegal immigrants exposes your business to serious liability issues that could end in Federal Charges, but at a minimum result in hefty fines and a shutdown of your business for a period. ICE has had a record year with more than 6,848 investigations in 2018, compared to 1,691 investigations in 2017, this is an over 400% increase. ICE plans, on increasing the number of investigations in 2019. In 2017 1,360 companies were audited for I-9 compliance, compared to 5,981 in 2018, an over 400% increase, and in 2019 ICE has been directed to increase this number even more. In...
The right to overtime under the Fair Labor Standards Act (FLSA) cannot be given up in an employment contract, or agreed between the employer and employee not to apply. In hundreds of FLSA cases I have been involved in, one of the most common things employers are sued for is coming up with ways to pay their employees more, but that do not pay them overtime at one-and-one half times their regular hourly rate. Often times these employers tell me that the employee gladly signed a contract to be paid that way because it meant more money. A contract to...Posted on: February 13, 2019 Catgeories: Health Care, Health Law, Hospital, Medical Malpractice Defense,
Doctor, when is the best time to treat an infection? As soon as possible, right? Timely care usually means that the least amount of harm has occurred, options are available, and a better prognosis. If significant time passes before an infection is treated, sometimes it’s “better late than never,” but sometimes it’s “too little too late.” The same is true for retaining personal counsel. Personal counsel is most effective if utilized as soon as possible. If significant time passes before a doctor retains personal counsel in a medical malpractice claim, sometimes it’s “better late than never” but sometimes it’s...
When a doctor with malpractice insurance gets sued, the first thing he or she should do is forward the lawsuit to their carrier. The first thing a carrier will do is determine if it owes coverage to the doctor. Sometimes the insurance company determines the claim is not covered by the policy. Sometimes the insurance company will cover the claim but reserve their right to withdraw from defending the doctor. In either event, personal counsel can advocate for the doctor’s best interests. If the insurance company determines that the reported claim is covered by the policy, the insurance company will...
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