Health law is the federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the healthcare industry and its patient and delivery of health care services; all with an emphasis on operations, regulatory and transactional legal issues.
Patient abandonment is a serious issue for patients who require continued medical support as they navigate chronic illnesses or seek a diagnosis.
When they are suddenly without treatment, they may make mistakes with their care or otherwise harm themselves inadvertently by not getting the help they need quickly enough. When the worst possible outcome results from a loss of care, it is not uncommon for their family members to litigate, indicating that patient abandonment is the reason that their loved one suffered and/or passed away.
What Is Considered Patient Abandonment?
It may be termed patient abandonment when a doctor terminates their relationship with a patient without giving them enough time and continued care to allow them to find a new doctor. In order for patient abandonment to occur, a relationship between the medical care provider and the patient must have been established.
In some cases, it is clear that there is a long and ongoing relationship between a doctor and patient, but other times, it may be implied, such as when a patient receives care in an emergency room, in a prison, or from a doctor at the request of their usual doctor who may be unavailable. Any independent medical exam may imply that there is a medical relationship between a doctor and patient as well.
What Is Patient Abandonment in Nursing?
It is possible for nurses to commit patient abandonment as well, even though they are not providing diagnostic care. If they neglect a patient or otherwise stop providing for them and do not make arrangements for another nurse to take over, they are abandoning the patient, according to the legal definition.
This is just as severe as patient abandonment committed by a physician since nurses attend to the acute needs of the patient, providing management of their treatment. If they are not there to maintain medication levels, notice when problems begin to develop, or assist patients with their basic needs, patients will suffer.
What Are the Consequences of Patient Abandonment?
The consequences of patient abandonment at best can mean frustration and fear as the patient seeks to find alternative medical care quickly. At worst, however, patient abandonment can result in the death of the patient or life-altering consequences that make it impossible for them to work or live without pain, or otherwise decrease their quality of life.
Get Help With a Patient Abandonment Lawsuit
If you need help handling a patient abandonment lawsuit, we’re here to help. At Florida Healthcare Law Firm, we are focused solely on healthcare law. We can help you work through the often emotionally difficult process of navigating the legal system with a patient abandonment lawsuit.
The Florida Board of Nursingplays a number of roles in the state of Florida, but all of them have one goal in common: to protect patients from receiving substandard medical care.
For nurses, this can be a positive support system, but it can also mean a lot of unexpected hurdles, paperwork, and stress.
At Florida Healthcare Law Firm, we can help you navigate the system, address issues that may threaten your employment status, and allow you to spend more time focusing on doing your job rather than managing licensure updates or disciplinary requirements.
Here’s what you need to know.
What Does the Florida Board of Nursing Do?
The Florida Board of Nursing does a few things when it comes to ensuring that working nurses are fully qualified to do their jobs. They:
Manage the details of licensing and require all Florida nurses to update and maintain their licenses as needed.
Monitor nurses who are currently employed in Florida and address any issues that may arise with employers or patients.
Discipline nurses as needed if there are measures needed to address wrong action on the job.
Educate nurses on what is expected of them on the job and in terms of managing their documentation, ongoing education, and licensure.
Rehabilitate nurses who need help getting back to work after disciplinary action.
What Do I Do If I Need a Florida Board of Nursing Re-Examination Application?
If the board of nursing in Florida has determined that you have fallen below the minimum competency level, you may need to apply again for proper licensure, so you can legally be employed as a nurse in the state of Florida.
If you are having difficulties in maintaining licensure and you need help working with the Florida Board of Nursing, we can help.
At the Florida Healthcare Law Firm, we can assist you in determining what documentation and actions are necessary on your part as you work to gain or regain nursing licensure in the state of Florida. We can also assist you in appealing any denials you face.
Contact us today to set up your first consultation.
Medical Spas nationwide, but specifically in Florida, have been opening up at a staggering pace. For many reasons, including new services, technological advances, and lax regulations, the opportunities for medical spa businesses are endless.
In 2010, there were about 1,600 medspas operating in the United States generating about $1.1 billion in revenue (about $700,000 per medspa on average). By 2018, these numbers increased to over 5,000 medspas generating about $7 billion-$8 billion in revenue (about $1.4 million per medspa on average). The number is expected to grow to over 10,000 medspas by 2023 with about $18 billion-$20.7 billion in revenue.
While medical spa owners have taken advantage of these opportunities, state authorities have yet to keep up. The medical spa industry is largely unregulated, whether that be due to the nature of the services provided, or the explosive growth in this alternative type of medical clinic. On top of that, there’s been a expansion in scope of practice and supervision requirements for certain providers, including nurse practitioners. read more
The new autonomous practice regulations allow certain Nurse Practitioners to practice independent of physicians, without supervision, in certain settings. While we’re awaiting further declarations and definitions from the Board of Nursing as to what is including in primary care, there is already an opportunity for autonomous practice nurse practitioners to establish concierge and direct primary care offices.
The concierge practice model and the direct primary care model, however, are still regulated depending on the way patients pay. read more
With the passage of autonomous practice ability for nurse practitioners in Florida this year, many are wondering how this will affect the healthcare industry in Florida. In a traditional sense, rural and underserved areas should have the opportunity for growth in healthcare providers. The autonomous practice law removes restrictions on certain nurse practitioners, granting them the ability to practice in primary care practice settings without worrying about supervision restrictions. Outside of that, the application of the new law can expand healthcare business offerings and abilities. read more
In another article, we provided an update to the autonomous practice law for Nurse Practitioners in Florida. For NP’s that qualify, that means they can open a primary care practice without a supervising physician. For most, that means learning about opening and operating a company. Here’s what that entails:
Florida is the latest state to expand the practice of Advanced Practice Registered Nurses. In March 2020, autonomous practice was passed and signed into law, with the law going into effect in July. In October, the Board of Nursing promulgated rules and provided the application for NP’s seeking to practice autonomously.
Before qualifying for autonomous practice, however, an NP must meet the following requirements:
In March, the Florida Legislature passed multiple bills that would allow advanced practice registered nurses (APRN) to practice independently of physicians in the delivery of primary care practice. The law, however, went into full effect on July 1. Still, the law did not automatically grant autonomous practice to all nurse practitioners. Rather, an application process is still needed, as well as final regulations governing the new law.
In June, the Florida Board of Nursing voted to move forward with the drafting of rules and the application process to be designated as an independent practice Nurse Practitioner. This process usually takes three months to complete before it is open for practitioners to apply. The Board also voted to define “primary care practice” to include “health promotion, disease prevention, health maintenance, counseling, patient education, and diagnosis and treatment of acute and chronic illnesses in a variety of healthcare settings.”
Until final rules are decided, a nurse practitioner will at least need to meet the following requirements: read more
The issue of scope of practice is front and center in Florida right now with the expansion of what nurse practitioners (and nurse midwives) are legally permitted to do. The newly enacted 464.0123 allows for qualified APRNs (there is specific criteria) to practice independent of a supervising physician in the following areas of medicine–primary care, family medicine, general pediatrics, and general internal medicine.
Even more, assuming they meet the membership criteria for admission to a healthcare facility medical staff, they may admit patients, manage patient care, and discharge patients. One of the only preserved connections with a physician established by the law is if the APRN practices at a healthcare facility, a transfer agreement including a physician is required. Additionally, the new law establishes a Council On Advanced Practice Registered Nurse Autonomous Practice, two members of which are appointed by the Board of Medicine and an additional two appointed by the Board of Osteopathic Medicine. read more