Delays slowed complaint

By Suzanne Palmer
Published July 12, 2007

Q: I filed a complaint with the Medical Quality Assurance Unit of the Florida Department of Health against a thoracic surgeon who treated me.

In February 2006, a DOH panel found probable cause.

According to Florida statutes, if probable cause is found, the department shall be directed to file a formal complaint against the licensee. The law provides that all information concerning the complaint be available to the complainant 10 days after probable cause is found. It further states that the department will periodically update the complainant as to the status of the investigation.

The last communication I've had on the complaint is from September 2006. Assistant General Counsel Dory Penton was assigned the case, but was still reviewing it seven months after probable cause was found.

My calls and letters to Penton have gone unanswered, as have inquiries to Govs. Bush and Crist.

Can you help me find out what's going on?

Walter Sowa Jr.

A: As you have discovered, complaints against medical practitioners are not quickly resolved.

DOH press secretary Kevin Cate explained that the department takes these complaints very seriously. Not only must it protect patients from medical errors, it must also protect practitioners from unfounded complaints, Cate said.

Once a complaint is filed with the Medical Quality Assurance Unit, it is investigated by a medical expert and the legal services section. If probable cause is found, an administrative complaint is filed with DOH and the doctor is notified.

He or she may ask for a formal hearing to contest the charges or for an informal hearing if there is no dispute. The doctor may waive a hearing entirely or may offer a settlement to the board for approval.

The MQAU must be prepared to take the case to a formal hearing. It is most desirable to have the expert who participated in the investigation available for trial.

In your case, when it came time to file the formal complaint, it was discovered the expert would not be available, Cate said. This led to a delay while another expert was found and a thorough review was undertaken to make sure the findings were the same.

In addition, the original prosecutor assigned to the case was transferred to another unit. This created a delay while the new prosecutor familiarized herself with the case.

Cate said you were last notified Feb. 21 that a new expert had been procured and a new review would take place. This review yielded no new information to provide to you.

The department did drop the ball with regard to your public records request, Cate said. You made a request April 17. The request was finally addressed, and you should have those records in your possession by now.

Cate confirmed that the new expert should make a recommendation this month. When your case moves to the next stage, you'll be contacted.

Assertion isn't enough

Q: I took my car for repair because I was hearing a noise. The mechanic made repairs on three separate occasions, but the noise continued.

I went to another repair shop, where the problem was repaired successfully. The mechanic informed me that a part I paid to have replaced at the first business was not new.

I went back to the first shop and asked for a refund. The mechanic told me to get off his property. Can you get some results?

Janet Nieman

A: Unless you had the original, faulty part returned to you and you can prove independently that the current part is not new, you only have one person's word against another's.

The Department of Agriculture and Consumer Services regulates auto repair shops. Call toll-free 1-800-435-7352 with complaints or questions.

Action solves problems and gets answers for you. Write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request. Complaints can only be accepted by mail. Send only photocopies of personal documents. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

[Last modified July 11, 2007, 17:13:01]