Case Result: RN Previously Suspected of Drug Diversion is Reported to DOH After Alleged Overdose

Professional:
Registered Nurse

Primary issue:
Client is a registered nurse. He, along with other nurses, was suspected of drug diversion while at work. The complainant who filed the report with the Florida Department of Health (DOH) was a co-worker who had a personal dislike for client; was involved in drug diversion accusations; and had a history of drug diversion in other states. We were able to dismiss that case with relative ease. Client resigned from the position and again working elsewhere.

A few months later, client ended up in the emergency room at the hospital where he used to work. One of the nurses who worked there realized who client was. The nurse ended up filing a second complaint with the DOH against client, noting that client appeared in the ER alleging suspected drug overdose and that he was previously suspected of drug diversion.

Argument:
Our Florida health care license defense attorneys contended that the disclosure that the nurse made went against confidentiality and most likely would have put the hospital in a bad predicament. Because of this, we concluded that the hospital would not want to be involved in a DOH investigation to protect its own liability, and that without evidence, the DOH would not be able to prove probable cause.

Result:
The DOH dismissed the case for lack of evidence.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Drug Diversion
Florida Department of Health Investigations & Complaints

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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