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JACKSONVILLE – Complaints against Florida medical licenses for physicians rose 22 percent in the latest reporting year, according to the Medical Quality Assurance Annual Report released Nov. 1 by the Florida Department of Health (FDH). The reporting period covered July 1, 2007 to June 30, 2008.

The actual number of complaints rose 995 from the previous year's 4,457 to 5,452 for the current reporting year. The FDH compiles the data based on complaints filed against specific physicians' licenses. In Florida, that includes 40,936 active physician licenses.

The numbers of complaints against other doctors, dentists and allied healthcare workers are also significant. Registered nurses had the second highest number of complaints at 1,326; dentists came in third with 1,003. Certified nursing assistants had 917 complaints, and licensed practical nurses had 916. Osteopathic physicians had 649 complaints, followed by pharmacists at 550, and physician assistants with 546 complaints filed against licenses.

"This is beyond a legal epidemic," said George Brew, general counsel of Florida Physicians Association Legal Defense Insurance Company. "This is a legal pandemic, with all types of physicians, doctors, dentists, and allied healthcare workers exposed to losing their licenses, and their ability to make a living."

Brew noted this report represents the largest, single-year jump in license complaints over the last decade.

"We'd experienced some years where the number of complaints decreased modestly, but they soared this last year," he said. "There doesn't seem to be any one particular reason for the increase, as all types of complaints are increasing. The only common factor we can find is the fragile state of the economy, and apparently, patients and consumers are in a mood to punish anyone who may have in the slightest way crossed them, whether the circumstances are real or imagined."

Florida Physicians Association Legal Defense Insurance Company, first formed in 1991, has been protecting Florida physicians–and, now, all allied healthcare workers and medical facilities–against licensure complaints with vigorous defenses at early stages of complaints.

"Some physicians don't take these complaints seriously and, even worse, think they can handle them without proper legal assistance," said Brew. "Our policyholders have discovered when they notify us within 48 hours of receiving a claim, often we can deal with the complaint and the Department of Health immediately, and stop the complaint from becoming a prosecution."

The State of Florida makes filing a complaint against any physician, doctor, dentist, allied healthcare worker or medical facility relatively easy, with forms quickly accessible through the Internet, or by simply calling the Department of Health.

Anyone can file a complaint on behalf of a patient, including a parent, spouse, adult child, sibling, friend, or other healthcare practitioner.

"We have a seminar series, called The Other Plaintiff's Attorney: The State of Florida," said Brew. "It's one thing to go up against a complaint of any type. It's another to go up against the nearly unlimited resources of the State of Florida, especially since—fair or unfair—there's usually a presumption of guilt on the part of the physician or healthcare worker. That unfair playing field can be leveled by having license protection insurance policies, which act solely on behalf of the physicians."

Licensure protection policies for physicians typically cost $995 for the annual premium, beginning with $25,000 of legal defense protection, with first dollar coverage. Group discounts are available for as few as two policyholders in the same practice.


For more information, contact the Florida Physicians Association Legal Defense Insurance Company at (800) 477-5709 or visit the company's Web site at www.fpalegaldefense.com.

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