10 Most Common Reasons in Florida
For Florida physicians, medical licenses are more than credentials—they’re the foundation of an entire career. However, even one complaint to the Florida Department of Health (DOH) can threaten everything a doctor has worked for.
Whether it’s a misunderstanding, a patient grievance, or a more serious allegation, doctors need to understand how licensing discipline works in Florida and what actions can put their license at risk and require help from a healthcare licensing defense attorney.
How Can a Doctor Lose Their License in Florida?
Ultimately, the answer to this question depends on many factors: the nature of the violation, how the physician responds to the investigation, and the evidence presented to the Board. Some issues may be resolved with guidance and corrective action, while others may lead to permanent revocation.
But what’s clear is this: ignoring a complaint or trying to “handle it yourself” is rarely a good idea.
If you’re facing a DOH complaint or investigation, even if it seems minor, it’s critical to seek legal representation immediately and respond strategically with legal support from a healthcare licensing defense lawyer like Lauren A. Leikam.
Consequences of Losing a Medical License
Losing a medical license is a devastating blow to any physician’s career and personal life. Without the ability to practice medicine, doctors face significant financial instability and the loss of their status in the medical profession. The ripple effects extend beyond finances, impacting a doctor’s reputation and credibility within the medical community.
The emotional and psychological toll can be equally severe, leading to stress, anxiety, and depression. The loss of a medical license can make it challenging to find new employment within the healthcare field or to regain licensure in the future.
Below are the most common reasons a doctor can lose their license, based on Florida law and real-world enforcement by the Florida DOH and Florida Board of Medicine.
1. Violating the Standard of Care or Medical Malpractice
A common reason a doctor may face license discipline is failing to meet the accepted standard of care. This means providing treatment that falls below what a reasonably prudent physician would offer in similar circumstances.
Medical malpractice cases often arise from violations of the standard of care. These violations can range from misdiagnoses and surgical errors to unsafe prescribing practices. Florida Statute 458.331 (pretty extensive) gives the Florida Board of Medicine the authority to take disciplinary action when a physician faces malpractice claims from a medical mistake and demonstrates incompetence.
2. Criminal Convictions
Any felony conviction—especially those involving fraud, violence, or controlled substances—can trigger license suspension or revocation for health care professionals. Even some misdemeanors, if related to the practice of medicine or classified as crimes of “moral turpitude,” and particularly any criminal charges that relate to the ability to practice safely, can result in serious consequences for a licensed medical professional.
3. Substance Abuse or Impairment
Practicing medicine while impaired by alcohol, drugs, or any controlled substance is not only dangerous—it’s a significant licensing issue in Florida. If a physician’s ability to practice is affected by substance use, they may be referred to the Professionals Resource Network (PRN) for evaluation and monitoring.
Failure to comply with PRN recommendations or continuing to practice while impaired can result in discipline like a license revocation. In such cases, the state medical board has the authority to determine if the physician’s ability to practice medicine warrants modification to ensure public safety.
4. Sexual Misconduct With a Patient
Allegations of sexual misconduct—regardless of patient consent—are taken extremely seriously. Florida law considers it sexual misconduct when a physician engages in any behavior that exploits the physician-patient relationship for sexual gain. This includes touching, suggestive comments, sexual harassment, or any inappropriate or unprofessional conduct regardless of where and when it happens. This type of behavior is grounds for immediate disciplinary action.
5. Fraudulent Billing and Documentation
Billing fraud is another common reason doctors lose their licenses. This includes submitting claims for services not rendered, falsifying medical records, submitting misleading documentation, or coding procedures incorrectly to receive higher reimbursements.
6. Practicing Without Proper Licensure
Physicians can only practice medicine with valid, active medical licenses in Florida. Practicing with a suspended or expired license—or going beyond the scope of authorized duties—can result in immediate discipline.
7. Failure to Report Required Information
Doctors are legally obligated to report certain events to the DOH. This includes any criminal convictions, disciplinary actions in other states, or hospital privilege restrictions. Failure to disclose this information regarding the physician’s professional conduct can be treated as an attempt to conceal important facts from the Board. Florida law also allows for penalties when required information is not reported in a timely manner.
8. Ignoring Medical Licensing Board Orders or Failing to Comply With Discipline
If the medical licensing board imposes discipline—such as probation, continuing education, or a fine—the physician is expected to follow through. Failing to comply with the terms of a disciplinary order is a separate violation and often leads to harsher penalties.
9. Improperly Delegating Responsibilities
Healthcare professionals, including physicians, are responsible for the actions of the staff they supervise. A doctor allowing unlicensed individuals or inadequately trained personnel to perform medical tasks outside their legal authority can lead to serious consequences. Improper delegation can be considered negligence or failure to supervise.
10. False or Misleading Advertising
Advertising medical services in a deceptive or misleading way—such as promoting guaranteed outcomes, false credentials, or misleading pricing—can lead to complaints and disciplinary action by the medical licensing board.
What to Do If You’re Facing a DOH Investigation
Understanding the procedures of the Florida Board of Medicine is crucial, as these boards regulate and discipline physicians based on misconduct or violations of conduct.
If you’ve received a complaint or inquiry from the DOH, here’s what you should—and shouldn’t—do:
Do:
- Take the complaint seriously, even if you believe it’s unfounded.
- Gather any documents related to the incident or patient involved.
- Consult Lauren A. Leikam for a free case assessment to determine what medical license defense in Florida you may need.
- Understand and comply with your state’s medical licensing board procedures, as these boards regulate and discipline physicians based on violations of conduct.
Don’t:
- Contact the complainant directly.
- Submit a response to the DOH without legal guidance.
- Assume the issue will resolve on its own.
Get Legal Help from Former Florida Healthcare Licensing Defense Attorney Lauren A. Leikam
Lauren A. Leikam, PLLC, defends licensed Florida physicians facing DOH complaints, investigations, or administrative complaints. Lauren provides clear, responsive, straightforward, and compassionate guidance. With over a decade of experience—including years as a prosecutor for the Florida Department of Health—Lauren brings an insider’s perspective to each case.
Legal representation is crucial when dealing with any medical licensing board, as each board has its own procedures and disciplinary actions. Don’t wait—your license and professional career depend on swift defense. Contact Lauren today for a free consultation to drive the best possible outcome for your case.
*Disclaimer: A free consultation does not constitute legal advice.
