CSK Defense
Tampa Associate Ashleigh Dyer
Case Summary
This matter arose from a Florida Board of Medicine investigation following the settlement of a civil malpractice lawsuit involving a patient who underwent a high-risk cardiac procedure. During the procedure, the patient suffered complications that resulted in a serious brain injury, prompting review by the Florida Department of Health.
The investigation focused on whether the treating physician's care met the applicable standard of care and whether the circumstances warranted disciplinary action.
Defense Strategy
Ms. Dyer worked closely with the respondent physician to develop a thorough, fact-based response to the Department of Health's investigation. She consulted with independent medical experts, conducted a detailed review of the medical records, and presented evidence demonstrating that the physician's treatment decisions were appropriate and supported by the applicable standard of care.
Ms. Dyer also argued that the Department had not met its obligations under Section 456.073, Florida Statutes, which contemplates an expeditious investigative and disposition process. She requested that the matter be closed without further action.
Outcome
The Probable Cause Panel for the Board of Osteopathic Medicine determined that the matter should be closed without disciplinary action. The matter remains confidential under Florida's public records laws, protecting the physician from public disclosure. The ruling underscores the importance of presenting a well-supported, evidence-based response when defending physicians in professional licensure investigations.
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