
If you are a Licensed Medical Doctor in Florida and have received an Administrative Complaint from the Florida Department of Health (DOH), your license, livelihood, and reputation may be at serious risk. Complaints citing violations of Florida Statute 458.331(1)(x), which addresses medical malpractice, can lead to harsh disciplinary action, including suspension or revocation of your license.
At Elevate Legal Services, PLLC, based in Boca Raton, Florida, we provide skilled, aggressive legal defense for medical professionals facing DOH complaints. We understand how high the stakes are and will fight to protect your medical license and career.
Call 561-770-3335 or email [email protected] today to schedule a confidential consultation with an experienced Florida DOH defense attorney.
What Is Florida Statute 458.331(1)(x)?
Florida Statute 458.331(1)(x) allows the Florida Board of Medicine to discipline physicians who commit medical malpractice, defined by Florida Statute 456.50 as:
“The failure to practice medicine by the level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Allegations often stem from patient complaints, adverse outcomes, or audits and investigations initiated by the DOH.
Common Allegations Under 458.331(1)(x)
Medical malpractice complaints can include:
- Misdiagnosis or delayed diagnosis resulting in patient harm
- Surgical mistakes or unnecessary procedures
- Improper prescribing or medication errors
- Failure to obtain informed consent
- Negligent follow-up or aftercare
Each of these may be considered a deviation from the prevailing medical standard of care and could trigger disciplinary action.

Penalties for Violating Florida Statute 458.331(1)(x)
If DOH finds you guilty of medical malpractice, you may face:
- License suspension or revocation
- Substantial fines and fees
- Mandatory remedial education
- Probation with supervision and reporting
- Public reprimand on your professional record
These penalties can irreparably damage your ability to practice medicine in Florida.
How to Respond to a DOH Complaint: Step-by-Step Guide
Step 1: Review the Complaint
- Note the specific allegations and supporting evidence
- Identify deadlines for submitting your response
Step 2: Contact a DOH Defense Attorney Immediately
Do not attempt to respond alone. Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] to speak with a Florida medical board defense lawyer.
Step 3: Gather Evidence
- Collect patient records, communications, internal notes, and any related documentation
- Preserve all files without altering them
Step 4: File the Election of Rights Form
You must select one of the following:
- Formal Hearing – Dispute the allegations entirely
- Informal Hearing – Accept responsibility, but argue for lesser penalties
- Settlement Negotiation – Reach an agreement with the Department
Step 5: Build a Defense Strategy
Work with your attorney to:
- Dispute inaccurate claims
- Present expert medical testimony
- Prove that you met the appropriate standard of care
- Identify any procedural errors that could weaken the DOH’s case
Defense Strategies for Medical Malpractice Allegations
We often rely on these strategies in 458.331(1)(x) cases:
- Expert Witness Testimony to refute claims of negligence
- Detailed Record Review to prove adherence to standard protocols
- Causation Defense – showing patient harm wasn’t directly caused by the accused’s actions
- Procedural Defense – challenging any investigative errors or due process violations
Why Choose Elevate Legal Services, PLLC?
Our firm is uniquely focused on defending healthcare providers in Florida. We offer:
Deep knowledge of Florida DOH and Board of Medicine procedures.
Years of experience in defending against malpractice and licensing complaints.
Proven success in achieving case dismissals, reduced penalties, and license protection.
Personalized attention from attorneys who truly understand your profession.

Final Thoughts
Facing an Administrative Complaint under Florida Statute 458.331(1)(x) can feel overwhelming, but it’s not a battle you have to face alone. With the right legal team, you can fight back, protect your license, and preserve your career.
At Elevate Legal Services, PLLC, we provide personalized, aggressive legal defense for Florida medical doctors facing disciplinary action. Your career is worth protecting. Let’s help.
Call 561-770-3335 or email [email protected] today for a confidential consultation. Don’t delay—your license and reputation are on the line.