James Grohmann and Holly Barger were successful in having the Kentucky Board of Medical Licensure remove a restriction on a physician’s license. The physician had agreed to the restriction without seeking the advice of counsel, only to later learn that it had the effect of disqualifying him from his present employment. Grohmann and Barger argued that the Board should lift the restriction because of its unintended impact.
January 17, 2014
James Grohmann successfully represented a nurse practitioner under investigation by the Kentucky Board of Nursing for violation of several Kentucky Nursing Laws relating to KASPER reports and certain prescription practices. The Board determined there was insufficient evidence to warrant the initiation of formal disciplinary proceedings.
November 5, 2013
James Grohmann obtained a dismissal of a bar complaint filed against a Kentucky lawyer. The complaint accused the attorney of failing to communicate, inattention to details, and a variety of similar acts. The Bar’s Inquiry Commission ordered that the complaint be dismissed and that the entire record of the matter be destroyed within one year of its order.
Benjamin Weigel defended a Louisville-based chiropractor against allegations that she improperly received referrals for patients. Weigel was able to negotiate an agreed sanction that allowed the chiropractor to keep her license and pay a modest fine in exchange for dismissal of all pending administrative charges.
Tracy Prewitt successfully represented a nurse practitioner under investigation by the Kentucky Board of Nursing for alleged violations of Kentucky Nursing laws relating to KASPER reports and certain prescription practices. The Board determined there was insufficient evidence to warrant the initiation of formal disciplinary proceedings.
Tracy Prewitt successfully represented a nurse practitioner under investigation by the Kentucky Board of Nursing for alleged substance abuse issues. The Board found that there was insufficient evidence to warrant the initiation of formal disciplinary proceedings and that the nurse practitioner had proactively addressed all issues of concern with no evidence of any ongoing impairment.
Tracy Prewitt defended a physician before the Kentucky Board of Medical Licensure after a Kentucky jury verdict against him for malpractice prompted a KBML investigation. Prewitt argued that the jury verdict was under appeal and that the verdict likely would be overturned. The KBML agreed to enter into an Agreed Order simply requiring the physician to undergo a skills assessment after which his Agreed Order would be terminated. No other action was taken against his medical license.
August 21, 2012
Benjamin Weigel successfully defended a Hardin County, Kentucky chiropractor against allegations of professional misconduct during a hearing before the Kentucky Board of Chiropractic Examiners. The Attorney General of Kentucky claimed that the chiropractor violated a patient’s confidentiality interests and that he failed to respond to an inquiry letter regarding the matter. The defense countered that the patient’s confidential health information was disclosed to no one without a need to know and that the inquiry letter did not mandate a response. The presiding administrative law judge agreed, and dismissed the matter with prejudice at the close of the Attorney General’s case upon motion for directed verdict.
Benjamin Weigel successfully negotiated an agreement for a Louisville-based chiropractor in which the chiropractor agreed to provide information to the Kentucky Board of Chiropractic Examiners regarding his former practice. The Board had alleged that the chiropractor received payment for he referral of patients. The administrative complaint was eventually dismissed.
Benjamin Weigel obtained a dismissal of an administrative violation by the United States Department of Health and Human Services for a London, Kentucky chiropractor. HHS alleged that the chiropractor violated a patient’s rights under HIPAA. Upon showing of appropriate documentation, HHS dismissed the complaint.
Benjamin Weigel successfully obtained a dismissal of an administrative complaint against a Louisville chiropractor who received a complaint arising out of his personal injury billing practices. The charges made by the chiropractor were reasonable and appropriate under the circumstances and the Board dismissed the complaint with prejudice.
Benjamin Weigel obtained a dismissal of an administrative complaint against a Louisville-based chiropractor arising out of the chiropractor’s termination of one of his employees. The former employee alleged a variety of wrongdoing by the chiropractor during her employment. The Kentucky Board of Chiropractic Examiners saw no merit to the complaint and dismissed it with prejudice.
Tracy Prewitt successfully represented a physician before the Kentucky Board of Medical Licensure against allegations of performing either excessive or unnecessary gynecologic exams. The complaint claimed that over thirty patients complained of the physician’s practices. Many of these same patients had filed civil suits as well. The defense contended that the allegations were all categorically false, motivated by a desire for monetary gain and fomented by a local, competing practitioner and plaintiff attorney. After hearing from each complaining witness during an 18 day-long hearing, the Hearing Officer found that none of the complaining witnesses were credible. No adverse action was taken against the physician’s medical license by the KBML.
Tracy Prewitt and Andrew Pellino successfully defended a psychologist before the Kentucky Board of Psychology against allegations that he had an improper relationship with a male student. After a hearing, the Board determined that the claimant’s allegations were not meritorious and agreed that the psychologist could continue to practice after undergoing a period of supervision.
Tracy Prewitt and Katherine Kerns Vesely defended a physician before the Kentucky Board of Medical Licensure regarding allegations that he had an improper relationship with a female patient. Prewitt and Vesely argued that the physician had acknowledged the inappropriate relationship, taken affirmative action to prevent such behavior in the future and had obtained professional counseling to address the situation. As a result, the KBML found that the physician was not a danger to future patients and allowed him to continue practicing under a five year Agreed Order. The following year, however, the KBML agreed to terminate his Agreed Order finding that he had sufficiently completed its terms.
Benjamin Weigel obtained the dismissal of a case where a Florence, Kentucky chiropractor arising out of an advertisement placed by a fitness facility where he sought patients. The Board alleged that the “right of rescission” language did not appear in the advertisement. Weigel countered that the chiropractor in question had no knowledge of the advertisement and therefore, had no control over it. The Board agreed, and dismissed the complaint.
Benjamin Weigel obtained a dismissal of a complaint made by a physician against two Louisville chiropractors. The Kentucky Board of Chiropractic Examiners concluded that the chiropractors’ advertisements complied with the applicable guidelines and dismissed the complaint.