Basics of the Florida Baker Act: The Petition for Writ of Habeas Corpus

Dec 8, 2014 By: George F. Indest, III

All facilities should have a form petition for writ of habeas corpus for the patient to execute if the facility is trying to keep the patient involuntarily and the patient desires to leave

Basics of the Florida Baker Act

Nov 6, 2014 By: George F. Indest, III

The Florida Mental Health Act, more commonly known as the Baker Act, was passed to allow for the creation of mental health programs.

Qui Tam Law in Florida

Aug 11, 2014 By: Lance O. Leider and George F. Indest, III

Under Florida law, may a wrongly named defendant in a qui tam lawsuit legally allowed to sue the qui tam relator who brought the lawsuit for damages?

Verify the Relationship Between the Physician and the Employer is Legal

Apr 15, 2014 By: Christopher E. Brown and George F. Indest, III

In reviewing employment contracts for health professionals, sometimes it’s necessary to look beyond the contract to determine if the relationship is legal.

Florida Judge Rules Government Can Search Prescription Drug Monitoring Database

Feb 21, 2014 By: George F. Indest, III

On February 19, 2014, a Florida appeals judge dismissed a case challenging the release of prescription drug histories of more than 3,300.

List of Excluded Individuals and Entities (LEIE) Recently Updated by OIG

Feb 7, 2014 By: George F. Indest, III

The Office of Inspector General updated the List of Excluded Individuals and Entities (LEIE) on January 8, 2014, which lists the health care providers excluded from all federal health care programs

U.S. Court of Appeals for Second Circuit Rules In-House General Counsel Cannot Blow Whistle on Client

Dec 6, 2013 By: Michael Smith and George F. Indest, III

In United States ex rel. Fair Laboratory Practices Associates vs. Quest Diagnostics Inc.,Unilab Corporation, the U.S. Court of Appeals for the Second

2013 on Track to Set Record for Health Care Fraud Recoveries Under False Claims Act

Oct 10, 2013 By: George F. Indest, III

Recently, we have seen an increase in whistleblower/qui tam cases filed by physicians, nurses or hospital staff employees who have some knowledge

What is Clear and Convincing Evidence in Administrative Hearings?

Aug 6, 2013 By: George F. Indest, III

When the revocation of a professional license is at stake, the court must use a “clear and convincing evidence” standard, which is higher than “preponderance of evidence,” but lower than “beyond a reasonable doubt.”

Florida Legislature Increases Requirements for Medical Expert Witnesses – What This Means for the Future of Medical Malpractice Cases

Jun 28, 2013 By: George F. Indest, III

In June 2013, Florida Governor Rick Scott signed legislation that places additional restrictions on how Florida courts are allowed to qualify physicians and others who testify in medical malpractice and similarly complex lawsuits.

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