Phony New York Plastic Surgeon Performing Surgeries Without a Medical License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A fake New York plastic surgeon was convicted on September 7, 2012, for performing cosmetic surgeries between April 2011 and December 2011, without a medical license. He’s also accused of completing the surgeries without general anesthesia and permanently disfiguring his patients. This is all according to the New York Attorney General’s (AG) Office.

To see the entire press release on this arrest, click here.


Phony Plastic Surgeon Allegedly Performed Liposuction Without a License.
According to New York AG, Eric Schneiderman,  the fake plastic surgeon allegedly admitted to soliciting patients from a full-service spa, holding himself out as a licensed physician, and performing liposuction and other invasive procedures on patients without a medical license.

An article on Stamford Daily Voice stated the man pleaded guilty to unlicensed practice of a profession. He will spend six months in prison followed by five years of probation. He will also be responsible for paying $8,700 in restitution.


A teenager in Florida was recently found guilty of impersonating a Physician’s Assistant (PA). I also blogged about this case. To read that blog, click here.


The license status of most health care professionals can be checked online. In Florida, license verification for all health care professionals can be checked on the Florida Department of Health (DOH) website.


Two Others Co-Defendants Accused of Working with Fake Plastic Surgeon.
The Stamford Daily Voice names two other men that are accused of working with the fake plastic surgeon. One, who is also allegedly not a licensed doctor, is still at large. The other is a licensed physician and has charges pending against him.
With our luck, they are probably here in Florida somewhere, most likely practicing medicine. South Beach and Miami seem to attract their unfair share of fake plastic surgeons and phony doctors, although the rest of the state seems to get plenty, too.


Click here to read the Stamford Daily Voice article.


Look For More stories on Fake Physicians and Other Health Professionals.
In the near future on this blog, we will include additional articles on fake doctors and health professionals, some old, some new.


Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.
The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, Medicare investigations, Medicaid investigations and other types of investigations of health professionals and providers.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Sources:
Buzzeo, Anthony. “Man Pleads Guilty to Posting as a Doctor in Stamford.” Stamford Daily Voice. (September 7, 2012). From: http://stamford.dailyvoice.com/police-fire/man-guilty-posing-doctor-stamford

Attorney General’s Office. “A. G. Schneiderman Announces Conviction Of Fake Plastic Surgeon Who Disfigured Patients.” Attorney General New York. (September 7, 2012). From: http://www.ag.ny.gov/press-release/g-schneiderman-announces-conviction-fake-plastic-surgeon-who-disfigured-patients


About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

 

"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Florida Man Arrested for Allegedly Hiding Human Body Parts in Self-Storage Facility

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A former medical examiner, who is accused of keeping the body parts of more than 100 people in his Pensacola storage facility, was arrested September 7, 2012. He now faces a felony charge of improper storage of hazardous waste, a misdemeanor charge of “nuisance injurious to public health” and driving with a suspended license, according to a number of sources.

To see the case against the former medical examiner, click here.

It is reported that he had previously been fired as a medical examiner in Jackson County, Missouri. His medical license was allegedly revoked in Missouri. A check of the Florida Department of Health (DOH) licensing website lists his license as null and void. To see his license verification, click here. He could also have some serious points added to his driving license, making his auto insurance premiums go up (if convicted of the traffic offense).
Discovery in Storage Facility Right Out of A Horror Movie.

According to an article in the Pensacola News Journal, the former medical examiner rented the self-storage unit for about three years. On August 22, 2012, he defaulted on his payments, and the unit was auctioned off.
When the storage facility was auctioned off, the new purchaser allegedly discovered 10 cardboard boxes containing human remains stored in a liquid. Garbage bags containing human remains packaged in soda cups and plastic food containers were also found.
This is one auction I doubt you are going to see on “Auction Hunters” or “Storage Wars” on television.
According to a related Associated Press article, the District 1 Medical Examiner’s Office in Pensacola said that the remains appear to have come from private autopsies that were performed between 1997 and 2007 at funeral homes in the Florida Panhandle and in Tallahassee. Allegedly 111 containers filled with body parts, including hearts, brains, a liver, and a lung were found.
Although there were lots of brains found, there were no “Abbie Normal” brains reportedly found.
For a related story regarding zombie outbreaks in Florida and the Florida Legislature’s effort to control them by banning bath salts, click here.


Former Medical Examiner Reportedly had a Problems with Former Job.
The former medical examiner reportedly worked at the District 1 Medical Examiner’s Office in Pensacola from 1997 to 2003. He was fired for allegedly having a large backlog of cases and failing to complete autopsy reports in a timely manner.Man Could Face More Charges.
Right now, the former medical examiner faces a felony charge of improper storage of hazardous waste, a misdemeanor charge of “nuisance injurious to public health” and driving with a suspended license. These charges alone could land him in prison for more than five years. 
The District 1 Medical Examiner’s Office in Pensacola is contacting all the family members of the decedents whose body parts were found. If the family did not give permission to the former doctor, more charges could be coming. Exactly how these body parts are being identified has not been made clear.
Click here to read the entire Pensacola News Journal article.


Contact Health Law Attorneys Experienced with Investigations of Health Professionals and Providers.
The attorneys of The Health Law Firm provide legal representation to physicians, nurses, nurse practitioners, CRNAs, dentists, pharmacists, psychologists and other health providers in Department of Health (DOH) investigations, Drug Enforcement Administration (DEA) investigations, FBI investigations, license complaints, administrative hearings, business and commercial litigation, and other types of investigations of health professionals and providers.
To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Sources:
Heisig, Eric. “Charges Filed Against Doctor in Body Parts Cases.” Pensacola News Journal. (September 9, 2012). From: http://www.pnj.com/apps/pbcs.dll/article?AID=2012309080010
Associated Press. “Ex-Medical Examiner Charged After Human Organs Found in Storage Unit.” Associated Press (September 8, 2012). From: http://articles.orlandosentinel.com/2012-09-08/news/os-human-organs-storage-unit-florida-20120908_1_human-organs-storage-unit-medical-examiner


About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Doctor Reliniquishes License Due to Allegations of Malpractice and Over-Prescribing Oxycodone Pills

By Danielle M. Murray, J.D., Attorney, The Health Law Firm

A doctor in Polk County, Florida, has lost his license to practice medicine. Rather than risk having his license revoked in an administrative proceeding, the now former doctor offered to voluntarily relinquish his license. The Florida Board of Medicine voted to accept the voluntary relinquishment on Friday, August 3, 2012, according to a Lakeland Ledger article.

Click here to read the entire Lakeland Ledger article.

Doctor Nabbed in Sting Operation for Allegedly Prescribing Oxycodone to Undercover Police Officers.
The article states the doctor from Winter Haven was nabbed in a sting operation in 2010 after allegedly providing prescriptions for oxycodone to undercover police officers without actually performing a valid medical examination. The physician allegedly pled no contest to trafficking oxycodone and illegal delivery of a controlled substance. He is currently awaiting sentencing for his offenses, which may result in three to seven years in prison, along with five years of probation, and mental health counseling.
He was also a named suspect in the deaths of five patients who allegedly overdosed on the medications. Prosecutors decided not to pursue homicide charges.

Doctor Also Faced Malpractice Investigation by the Florida Department of Health.
The doctor, who practiced internal medicine, also faced a malpractice investigation by the Florida Department of Health (DOH). According to the DOH, he is accused of mismanagement of a former patient’s care. That patient allegedly developed an aggressive form of prostate cancer as a result. A subsequent doctor who treated the patient ordered a biopsy and diagnosed the patient with prostate cancer that was far advanced.
To read the entire case from the DOH, click here.

Repercussions of Voluntarily Relinquishing a Medical License.
We almost always counsel our clients to refrain from voluntarily relinquishing their medical licenses in such circumstances. A voluntary relinquishment of a license in the face of a pending investigation is treated, for all practical purposes, the same as a disciplinary revocation.
The consequences will usually include:

1. Mandatory report to the National Practitioner Data Base (NPDB) (Note:  Healthcare Integrity and Protection Data Bank or HIPDB recently folded into NPDB) which remains there for 50 years.

 2. Any other states or jurisdictions in which the client has a license will also initiate action against him or her in that jurisdiction.  (Note:  I have had two clients who had licenses in seven other states).

 3. Action to revoke, suspend or take other action against the clinical privileges and medical staff membership of those licensed health professionals who may have such in a hospital, ambulatory surgical center, skilled nursing facility, or staff model HMO or clinic.

 4. The OIG of HHS will take action to exclude the provider from the Medicare Program.  If this occurs (and most of these offense require mandatory exclusion) the provider will be placed on the List of Excluded Individuals and Entities (LEIE) maintained by the HHS OIG.

 5. If the above occurs, the provider is also automatically "debarred" or prohibited from participating in any capacity in any federal contracting and is placed on the U.S. General Services Administration's (GSA's) debarment list.

 6. The U.S. Drug Enforcement Administration (DEA) will act to revoke the
 professional's DEA registration if he or she has one.

 7. The board certified health professional's certifying organization will act to revoke his or her certification.

For more reasons why a health care provider should not relinquish a professional license, click here.

Contact Health Law Attorneys Experienced in Representing Health Care Providers in DOH Cases.
The Health Law Firm represents pharmacists, pharmacies, physicians, nurses, and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH), and other law enforcement agencies.

If you are aware of an investigation of you or your practice, or if you have been contacted by the DEA or DOH, contact an experienced health law attorney immediately.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

 

Adams, Robin. “Two Polk Doctors Relinquish Licenses to Board of Medicine.” Lakeland Ledger. (August 3, 2012). From: http://www.theledger.com/article/20120803/NEWS/120809775?tc=ar

Adams, Robin. “Winter Haven Doctor Faces Medical Board Action for Trafficking in Oxycodone.” Lakeland Ledger. (August 2, 2012). From: http://www.theledger.com/article/20120802/NEWS/120809855/1001/BUSINESS?Title=Winter-Haven-Doctor-Faces-Medical-Board-Action-for-Trafficking-in-Oxycodone
Pleasant, Matthew. “Winter Haven Doctor Won't Face Murder Charges in Overdose Deaths.” Lakeland Ledger. (March 29, 2011). From:
http://www.theledger.com/article/20110329/NEWS/110329349
Fields, Tammie. “Dr. Ernesto Juan Perez Arrested, Named Murder Suspect.” WTSP. (October 29, 2010). From: http://www.wtsp.com/news/topstories/story.aspx?storyid=153540
Aycrigga, George. “Drug Sting Nabs Dr. Perez; Oxycodone Charges Filed.” News Chief. (October 30,2010). From: http://www.newschief.com/article/20101030/news/10305009

About the Author: Danielle M. Murray is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.