Many physicians and physician assistants facing a civil lawsuit ask the same question right away. A malpractice lawsuit and Florida Board of Medicine discipline are not the same thing. However, the two can overlap in ways that catch licensees off guard.
Belief: The Civil Case and the Board Process Are Completely Separate
Many licensees assume that a civil malpractice settlement or verdict ends the matter. In reality, the Florida Board of Medicine runs its own review process. The civil court decides money damages. The Board decides whether a licensee met the standard of care and whether their license should be affected. These are different questions with different rules of evidence and different consequences.
Belief: Filing a Malpractice Lawsuit Doesn’t Trigger Florida Board of Medicine Discipline
This is a common misconception. Insurance companies that pay or close a malpractice claim may be required to report that claim to the Florida Department of Health. As a result, the Board may receive notice of a closed claim even when a licensee does nothing wrong and the case settles for business reasons. A report reaching the Department does not mean discipline will follow. However, it may open a review that a licensee should be prepared for. See our overview of situations that can put a Florida physician’s medical license in jeopardy for related context.
Belief: Winning the Civil Case Protects the License
No.
A favorable civil verdict reduces risk, but it does not end the Board’s authority to review the care provided. The Board’s standard is not identical to the civil standard. It may consider whether the conduct met professional practice requirements, regardless of what a civil jury decided. In addition, patterns of claims over time may draw Board attention even when each individual case resolves favorably. Every case is different, and no particular civil outcome guarantees a specific Board result.
Factors the Board may weigh include:
- The nature and seriousness of the alleged care issue;
- Whether a pattern of claims exists;
- The practitioner’s prior disciplinary history; and
- Evidence of steps taken to address any underlying concern.
Belief: A Single Malpractice Claim Cannot Affect My License
A single claim generally poses less risk than repeated claims. However, a single incident can still prompt a Board review if the Department receives a report or a complaint is filed. The Board is charged with protecting patients and maintaining standards across all Florida physicians, ARNPs, and PAs. It may investigate any matter that raises a question about the standard of care, even one arising from a single episode. Licensees who ignore correspondence from the Department of Health often make the situation harder to resolve. See also our article on whether a DUI can affect a Florida medical license for a broader look at how the Board views different types of risk.
Practical Steps for Licensees
If you are served with a malpractice lawsuit or receive any notice from the Department of Health, take it seriously from the start. Respond to all official correspondence on time. Understand any reporting obligations that may apply to your license, as discussed in our article on what Florida licensed professionals must report. Consult an attorney experienced in professional licensing defense before providing any written response to investigators. Acting early typically provides more options than waiting for formal charges to be filed. Every case is different, and an attorney can help you assess your specific situation.
Frequently Asked Questions
Does every malpractice lawsuit lead to a Florida Board of Medicine investigation?
No. A lawsuit alone does not automatically trigger a Board investigation. The Department of Health may receive a report when a malpractice claim closes, but whether a formal investigation follows depends on the facts and circumstances of each case.
Can the Board discipline a physician even if the civil case was dismissed or settled?
Yes, it can. The Board’s review is independent of the civil court outcome. A dismissal or settlement does not prevent the Board from examining whether the standard of care was met.
What is the difference between a malpractice claim and a Board complaint?
A malpractice claim is a civil legal action seeking money damages. A Board complaint is an administrative matter that may result in license discipline. Both may arise from the same incident, but they follow separate processes with different standards.
Should I contact an attorney before responding to the Department of Health?
Yes. Providing a written explanation to investigators without legal advice is one of the most common mistakes licensees make. An attorney can help you respond accurately and protect your procedural rights throughout the review.
If you are under investigation or have questions about how a complaint, criminal matter, or other conduct may affect your professional license, the attorneys at Soreide Law Group, PLLC represent licensed professionals throughout Florida in administrative and professional licensing matters. We can help you understand the disciplinary process, evaluate your options, and advocate for your interests. Contact us for a free consultation. Every case is different, and no attorney can guarantee a particular outcome. This article is for general educational purposes only and is not legal advice.