LANKAU v. DEPT. OF HEALTH, BD. OF MEDICINE, 3D02-882.

• Decision Date: 09 April 2003
• Docket Number: No. 3D02-882.,3D02-882.
• Citation: 845 So.2d 922
• Parties: Charles A. LANKAU, M.D., Appellant, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellees.
• Court: Florida District Court of Appeals

845 So.2d 922

Charles A. LANKAU, M.D., Appellant, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellees.

No. 3D02-882.

District Court of Appeal of Florida, Third District.

April 9, 2003.

Rehearing Denied May 28, 2003.

Holland, Singer & Miller and Sam Holland; Hinshaw & Culbertson, Gina E. Caruso and Ofelia Damas-Rodriguez, for appellant.

Pamela H. Page, for appellee.

Before GODERICH and GREEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

The respondent, Charles A. Lankau, M.D., appeals from a final order of the Board of Medicine [Board] concluding that he deviated from the applicable standard of care. We affirm.

A review of the record shows that the Board properly rejected or modified those findings of fact of the administrative law judge [ALJ] that were not based upon competent, substantial evidence. Gross v. Department of Health, 819 So.2d 997, 1000-01 (Fla. 5th DCA 2002). Furthermore, the modified findings of fact, coupled with the ALJ's other findings, support the conclusion that Dr. Lankau fell below the applicable standard of care.

Affirmed.