Safirstein v. Dep't of Health, 3D18-633
| Court | Court of Appeal of Florida (US) |
| Citation | 271 So.3d 1178 |
| Docket Number | No. 3D18-633,3D18-633 |
| Parties | George M. SAFIRSTEIN, Appellant, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellee. |
| Decision Date | 24 April 2019 |
George M. SAFIRSTEIN, Appellant,
v.
DEPARTMENT OF HEALTH, BOARD OF MEDICINE, Appellee.
No. 3D18-633
District Court of Appeal of Florida, Third District.
Opinion filed April 24, 2019
Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado LLP, and Roland Sanchez-Medina, Jr., for appellant.
Christine E. Lamia, Chief Appellate Counsel (Tallahassee), for appellee.
Before SALTER, LINDSEY, and HENDON, JJ.
HENDON, J.
Dr. George M. Safirstein ("Safirstein") appeals the decision of the Department of Health Board of Medicine1 ("Board") to revoke his license to practice medicine in Florida. We affirm.
Safirstein was a licensed physician in Florida, practicing at Synergy Integrative Health and Med Spa / Optimal Health Age Management Centers in Hallandale Beach, Florida. Safirstein was administratively charged with medical malpractice in a twenty-one count complaint filed by the Board. The administrative complaint addressed Safirstein's treatment of seven patients over the course of two years, and recites twenty-one counts alleging that Safirstein failed to meet the prevailing standard of care in his treatment of these patients, failed to perform necessary physical examinations on these patients, inappropriately prescribed controlled substances to these patients, and failed to maintain complete and legible medical records justifying the course of treatment for these patients. Subsequent to a finding of probable cause, Safirstein returned an election of rights form in which he did not dispute the material allegations contained in the administrative complaint. He elected to move forward with an informal hearing which would allow him to present mitigating factors to the Board. The election was also signed by his attorney, Mr. Medina, who had been actively representing him in the underlying investigation.
The informal hearing was scheduled for Friday, February 2, 2018, and Safirstein does not dispute that he received notice of the hearing. On Monday, January 29, 2019, four days prior to the hearing, Safirstein's attorney emailed the Board enquiring about obtaining a continuance based on Safirstein's health, but provided no details. The following morning, the Board's Administrator responded, and asked that Safirstein file a formal request for continuance or a waiver of appearance, and suggested sending documentation from Safirstein's physician indicating why Safirstein could not travel from Hallandale Beach to Orlando for the hearing.
On Thursday afternoon, the day before the scheduled hearing, Mr. Medina made a formal...
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...of law, including interpretation and construction of statutory provisions, are reviewed de novo. Safirstein v. Dep't of Health, 271 So. 3d 1178, 1180 (Fla. 3d DCA 2019) ("Our standard of review of an agency's interpretation of a statute is de novo. The standard of review of the agency's fin......
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Mattino v. City of Marathon, 3D20-1921
...questions of law, including interpretation and construction of statutory provisions, are reviewed de novo. Safirstein v. Dep't of Health, 271 So.3d 1178, 1180 (Fla. 3d DCA 2019) ("Our standard of review of an agency's interpretation of a statute is de novo. The standard of review of the age......
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