Medical License Investigation Against Orthopedic Surgeon Closed with a Finding of No Probable Cause

Posted on Firm News, Professional Licensure Investigations May 24, 2022 by Parker Eastin

In connection with an investigation by the Florida Department of Health (DOH), the Firm successfully defended an Orthopedic Surgeon against allegations that he: (1) knowingly ordered and intentionally injected “counterfeit” drugs into certain patients, and (2) ordered a type of physical therapy treatment for all of his patients without regard to diagnosis or medical necessity, a treatment which was allegedly medically worthless.

The Firm investigated the allegations at issue and prepared a rebuttal statement that highlighted evidence that demonstrated that the complainant was actually a disgruntled former employee whose allegations were not credible; alleged issue (1) was a good faith, isolated, and unintentional purchasing incident that had already been transparently addressed and resolved with the FDA, with no negative patient outcomes whatsoever; and alleged issue (2) was patently absurd, as the treatment at issue was a FDA-approved and highly-effective physical therapy treatment modality employed by many physical therapists across the country, and used only on a small segment of the physician’s patients.  After consideration of the rebuttal statement prepared by the Firm, the Probable Cause Panel for the licensing board agreed and determined that probable cause did not exist and directed that the case against the physician be closed by the Florida Department of Health with a finding of No Probable Cause.

The law firm of Nicholson & Eastin, LLP regularly represents physicians, chiropractors, physician assistants, nurses, and other medical practitioners before the Florida Department of Health and the professional licensing boards.  If you have received a notice of an investigation, or you are otherwise concerned about the possible existence of a licensure matter, please do not hesitate to contact us to evaluate your case.