Florida Department of Health Complaints & Investigations

At Di Pietro Partners, our healthcare defense attorneys represent physicians and licensed medical professionals throughout Florida who are the subject of DOH complaints or investigations. We provide guidance from the very first notice of investigation through administrative hearings, protecting your license, livelihood, and reputation. Our firm’s legal and medical insight allows us to anticipate regulatory strategies and mount an effective defense.

Important Note: We do not represent individuals who wish to file a complaint against a healthcare provider. Our practice is dedicated to defending licensed professionals facing scrutiny from the Florida DOH and other state regulatory boards.

Complaint Examples

The Consumers Services Unit (CSU) receives a variety of complaints regarding healthcare professionals. Examples may include:

• Negligence: Prescribing the wrong medication, surgical errors, lack of follow-up care, improper diagnosis, operating on wrong area
• Improper conduct: Improper relationship with patient or staff, verbal abuse
• Substance abuse: Impaired at work, stealing medication
• Fraud: Pattern of over-billing, falsifying records, practicing without a license

Florida DOH Investigation Stages

Investigations are authorized under Florida Statute Chapter 456. The statute mandates investigation and disciplinary proceedings when appropriate. The typical order includes:

• Complaints are sent to the Consumers Services Unit (CSU). Complaints must be in writing and may be sent anonymously, or from another colleague, a patient, an agency, or other source. The complaint must be legally sound. Sometimes a complaint never leaves this stage.
• If the CSU determines the complaint may be valid it proceeds to the Investigation Phase. At this point, the accused will be notified of the complaint. If you receive such a notification, call an experienced healthcare attorney before responding. It’s important to note that this stage is confidential.
• The next stage is Probable Cause and Adjudication. The Prosecution Services Unit (PSU) reviews the evidence and presents it to a panel. Your attorney will assist you during this process. Your attorney guides you and helps you decide which documents and support letters you should provide. The panel looking over the case is a neutral group. They decide whether to proceed with formal disciplinary action.
• If probable cause is established, an Administrative Complaint is filed. This may entitle you to a DOAH hearing, but you only have 21 days to respond. At this point, the matter becomes public record.
• At this point, your attorney will advise you to either request an informal or formal hearing. Sometimes an experienced attorney may negotiate a better outcome. In other words, there are a variety of options only an experienced attorney may recommend throughout every stage.

Possible Disciplinary Actions

Disciplinary sanctions vary and depend on numerous factors. Penalties may range from a reprimand to losing your license. Possible consequences may include:

• Fines: You may be required to pay administrative and investigation costs.
• Suspended License: You may lose your license for a period.
• Probation: You may be allowed to work under supervision.
• Losing License: Serious offenses may end up with a loss of your medical license. In other words, you are prohibited from practicing in Florida. This happens in the most serious cases involving illegal activity or patient abuse.
• Counseling: Mandatory counseling may be required to keep one’s license.
• Community Service

So, if you receive a notice from the Florida Department of Health contact an attorney with experience in dealing with government agencies. The best result is getting the situation dismissed or limiting consequences. For this reason, contact an experienced healthcare lawyer immediately if you receive any notice from the Florida DOH.