If you are a licensed Veterinarian in Florida and have received an Administrative Complaint from the Florida Board of Veterinary Medicine under the Department of Business and Professional Regulation (DBPR), your license, reputation, and career could be at risk. Violations of Florida Statute 474.214(1)(r) (negligence or incompetence) and 474.214(1)(ee) (failure to maintain proper medical records) can lead to severe penalties, fines, probation, or even license revocation.
At Elevate Legal Services, PLLC, we specialize in defending veterinarians facing DBPR Administrative Complaints and disciplinary actions. If you are being accused of professional negligence, incompetence, or improper record-keeping, it is critical to act quickly to protect your license.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to discuss your case and receive strong legal representation.
Understanding Florida Statute 474.214(1)(r) and 474.214(1)(ee)
What is Florida Statute 474.214(1)(r)?
Florida Statute 474.214(1)(r) states that veterinarians may face disciplinary action if they are found guilty of incompetence or negligence, meaning they fail to meet the standard of care expected from a reasonably prudent veterinarian in similar circumstances.
Examples of negligence and incompetence include:
- Misdiagnosis or failure to diagnose serious conditions
- Administering incorrect treatments or medications
- Performing surgical errors or failing to provide proper post-operative care
Failing to refer animals to a specialist when necessary
What is Florida Statute 474.214(1)(ee)?
Florida Statute 474.214(1)(ee) pertains to medical record-keeping violations. Veterinarians must maintain accurate, complete, and contemporaneous patient records to ensure proper continuity of care.
Examples of medical record violations include:
- Failing to document treatment plans, medications, or surgeries
- Falsifying or altering veterinary records
- Losing or failing to maintain patient records for the required retention period
- Refusing to release medical records to pet owners upon request
Common Violations of Florida Statute 474.214(1)(r) – Incompetence or Negligence
1. Misdiagnosis or Failure to Diagnose
- Failing to diagnose common conditions that a competent veterinarian would recognize
- Overlooking laboratory results, X-rays, or diagnostic imaging that indicate serious issues
- Delaying diagnosis and allowing an animal’s condition to worsen unnecessarily
2. Administering Incorrect Medications or Dosages
- Prescribing the wrong medication or dosage, causing harm to the animal
- Administering expired or contaminated drugs
- Failing to check for drug interactions or allergies before prescribing medication
3. Surgical Errors and Improper Procedures
- Performing the wrong surgical procedure or operating on the wrong body part
- Leaving foreign objects inside an animal post-surgery
- Failing to monitor vital signs during surgery, leading to complications
4. Lack of Proper Anesthesia and Pain Management
- Using incorrect dosages of anesthesia, leading to overdose or under-sedation
- Failing to provide adequate post-operative pain relief
5. Poor Post-Surgical or Follow-Up Care
- Discharging animals too soon without proper monitoring
- Failing to provide pet owners with clear post-surgical care instructions
6. Unsanitary Clinic Conditions
- Using non-sterile equipment during procedures
- Failing to properly sanitize surgical tools between patients
- Allowing animals to be housed in unclean, hazardous conditions
Common Violations of Florida Statute 474.214(1)(ee) – Medical Record-Keeping Violations
1. Incomplete or Missing Medical Records
- Failing to document treatments, medications, or surgeries performed
- Not recording vital signs, lab results, or diagnostic tests in patient files
- Losing or misplacing patient medical records
2. Falsifying or Altering Medical Records
- Changing medical records after the fact to cover up mistakes
- Fabricating diagnoses, treatments, or procedures that were never performed
- Destroying or altering records before an inspection or investigation
3. Failing to Maintain Records for the Required Retention Period
- Disposing of patient records before the legally mandated retention period has elapsed
- Refusing to transfer records when requested by a client or legal authority
4. Errors in Prescription and Medication Logs
- Failing to document controlled substances and prescription refills
- Improperly recording dosages or dispensing errors
5. Illegible or Disorganized Records
- Maintaining handwritten records that are unreadable, making them useless for future reference
- Keeping inconsistent digital and paper records, causing confusion
6. Failing to Document Client Communications and Consent Forms
- Not recording conversations with pet owners about treatment options
- Performing a procedure without documented informed consent
Consequences of Violating F.S. 474.214(1)(r) and 474.214(1)(ee)
- Fines ranging from $500 to $10,000 per violation
- Suspension or revocation of a veterinary license
- Probationary status with mandatory compliance training
- Mandatory continuing education in veterinary ethics and medical record-keeping
- Public disciplinary actions that could harm your professional reputation
- Potential malpractice lawsuits from pet owners
How to Defend Against a DBPR Administrative Complaint
If you receive a Notice of Violation from DBPR, immediate action is necessary to protect your license and career.
1. Review the Complaint and Gather Evidence
- Identify the specific allegations listed in the complaint
- Collect medical records, client consent forms, and prescription logs
- Don’t submit a written or oral response without consulting an attorney
2. Correct Any Deficiencies Immediately
- Implement proper record-keeping procedures to ensure compliance
- Conduct an internal audit of your veterinary practice to address potential issues
3. Contact an Experienced DBPR Defense Attorney
At Elevate Legal Services, PLLC, we provide aggressive legal representation for veterinarians facing DBPR complaints. Our legal team will:
- Challenge false or exaggerated allegations
- Negotiate penalty reductions or alternative discipline
- Represent you in DBPR hearings and administrative proceedings
Call us at 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Veterinary Career Today
If you are accused of violating F.S. 474.214(1)(r) or F.S. 474.214(1)(ee), your license, career, and reputation are at risk. Ignoring a DBPR Administrative Complaint could lead to severe consequences, including fines, probation, or permanent license revocation.
At Elevate Legal Services, PLLC, we have successfully defended veterinarians in DBPR disciplinary proceedings.
Call us at 561-770-3335 or email [email protected] today to protect your veterinary license and future.
