Administrative Law

Falk Waas represents healthcare providers in all phases of Department of Health investigations, from preliminary investigations and administrative hearings to the final stages of Board action.

With only our clients’ best interest in mind, Falk Waas attorneys harness their collective knowledge and attentive, results-oriented representation to safeguard your license and your practice.

Additionally, our attorneys bring decades of experience in representing our clients before the Division of Administrative Hearings in NICA and Medical Malpractice Arbitration.

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

Non-economic caps in arbitration

Deno v. Lifemark Hospitals, 45 So. 3d 959 (Fla. 3d DCA 2010): Case of first impression. Established that the non-economic damage cap of $250,000 in arbitration was limited to per claimant, per incident; and not per claimant, per defendant.

Arbitration claims are subject to Florida Wrongful Death Act

Lifemark Hospitals v. Afonso, 4 So. 3d 764 (Fla. 3d DCA 2009): Case of first impression. Established that medical malpractice arbitration claims were subject to the limitations of the Florida Wrongful Death Act.

Both spouses must accept or reject arbitration

Bombalier v. Lifemark Hospital of Florida, 661 So. 2d 849 (Fla. 3d DCA 1995): Where a spouse of a patient has a derivative claim for loss of consortium, both spouses are required to either accept or reject arbitration under the medical malpractice pre-suit screening statute.

Past liens not recoverable in arbitration

Matter involving a neonate that sustained a cardiac arrest in the NICU. The child had an anoxic brain injury, seizure disorder and was cortically blind. The arbitration panel ruled that past liens were not recoverable and would allow evidence of future collateral sources such as Social Security Disability and the availability of healthcare insurance. This substantially decreased plaintiffs’ past and future economic damages. The case was resolved shortly before arbitration.

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