The Health Law Section of the Florida Bar is pleased to share with you its Spring 2012 newsletter, containing in-depth analysis of important issues for the Florida health law attorney.  

Administrative Law:  Attorneys Miriam R. Coles and John D. Buchanan, Jr., of  Henry, Buchanan, Hudson, Suber & Carter, P.A. in Tallahassee provide insight on seeking redress from disciplinary action imposed by the Agency for Healthcare Administration.  This is a must-read for attorneys who represent clients regulated by AHCA, particularly on issues of what actions are investigatory in nature as opposed to final agency action.

EMTALA:  Attorneys Nancy S. Paikoff and David R. Phillips of Macfarlane Ferguson & McMullen’s Clearwater, FL office discuss hospitals’ obligations under the Emergency Medical Treatment and Active Labor Act  to treat undocumented aliens.  The article eloquently explains the practical issues that hospital counsel face in looking at the facts of each patient encounter.

EMRs and Malpractice Litigation:  Attorney Alyssa Mason of Kirwin Norris in Orlando address the impact of the emergence of electronic medical records systems on medical malpractice law.  In a well-researched article, she presents an argument that EMRs have a potential to increase the number of medical malpractice suits filed and to change the course of medical malpractice litigation.

ACOs:  Attorney Andrew S. Bolin of Beytin, McLaughlin, McLaughlin, O’Hara & Bolin’s Tampa office writes about potential areas of negative exposure for providers participating in Accountable Care Organizations.  The article insightfully applies some ACO concepts like shared responsibility for patients to concepts like non-delegable duties and joint ventures to ask: who is accountable to whom?

Thank you to all the authors and to Caroline Kubovy, Esq. for editorial assistance.  

If you would like to submit an idea for an article for our Summer 2013 newsletter, please do not hesitate to email me at the address below.

Any opinions included within the articles are those of the individual authors and not of The Florida Bar or its Health Law Section.

You can download copies of the newsletter in PDF Format using this link:

Health Law Section Newsletter – Spring 2013 (2.88 MB)

On behalf of the Section, thanks to the authors for their time.  If you have ideas for future newsletter articles, email me at 

Ann Bittinger, Esq.
Editor, Health Law Section Newsletter
The Bittinger Law Firm
Jacksonville, Florida