Why You Need an Experienced Health Care Attorney Against the Florida Department of Health

When a letter arrives from the Florida Department of Health (DOH), it’s rarely routine, and it should never be taken lightly. Whether it’s a complaint, an investigation notice, or an administrative complaint, this type of communication marks the start of a potentially serious disciplinary process for any licensed healthcare professional. Even honest mistakes or misunderstandings can lead to significant consequences without the right legal guidance from the start.

We sat down with attorney John Wilson of Howell, Buchan & Strong to gather his unique insights from the prosecution’s side of the process. As the former General Counsel for the Florida DOH, John oversaw a statewide team of attorneys handling disciplinary cases, emergency license suspensions, and regulatory enforcement actions. With deep experience in administrative law, risk management, and civil litigation, John understands how the Department operates—and more importantly, how to defend against it. In this blog, he walks us through 10 critical areas of what to expect, what to avoid, and the evidence of why early legal intervention is key to protecting your career

1. Setting the Stage: The Letter That Changes Everything

A DOH case usually begins with a formal notification. This could be a letter of investigation, a request for records, or an Administrative Complaint. These documents are not informal inquiries, Wilson says…they are the start of a legal process with the full weight of state regulatory enforcement behind them.

Complaints can come from a variety of sources: patients, coworkers, former employees, competitors, or even anonymous parties. The Department is required to follow up, no matter the source’s credibility.

Wilson’s advice to providers who receive a letter from the DOH?
“Do not respond without legal counsel. Take it seriously, but don’t panic—get informed and protected immediately.”

2. The Power of the Florida Department of Health

The DOH oversees over 40 health care professions and 1.2 million licensed professionals in the state of Florida. Its mission is to enforce laws and maintain professional standards. That includes the authority to:

• Investigate alleged violations

• Suspend or revoke licenses

• Impose fines

• Mandate continuing education

• Publicly report disciplinary actions

Even if you believe the complaint is meritless, a DOH action can result in professional discipline, reputational harm, and mandatory reporting to national databases.

3. Common and Costly Missteps

Many providers believe they can resolve things quickly by simply “explaining the situation.” This is one of the most common and dangerous mistakes.

“Health professionals are trained to be honest and cooperative,” Wilson explains. “But in these cases, even well-intentioned explanations can be misinterpreted and used against you.”

Another critical misstep is responding without legal counsel or assuming the issue will just “go away.” Once you’ve received notice from the DOH, you are already under investigation.

4. Why You Need an Attorney…Immediately

The moment a provider receives notice from the DOH, the clock starts ticking. You may have 20 or 30 days to respond, and failing to do so correctly can be seen as an admission or result in automatic disciplinary action.

Early legal intervention is key. An experienced health care attorney can:

• Craft a professional, legally sound response

• Protect you from self-incrimination

• Review evidence and prepare an initial defense

• Help you navigate communication with the Department

“This isn’t just about answering questions,” Wilson says. “It’s about strategically defending your license, your career, and your future.”

5. The DOH Disciplinary Process: Step by Step

Understanding the process helps you prepare:

Investigation

The DOH investigates the complaint by collecting records and interviewing witnesses (including you).

Probable Cause Panel

A panel of professionals reviews the investigation to determine if there is enough evidence to move forward. This can lead to dismissal, a Letter of Guidance, or a Formal Complaint.

Formal Complaint

If probable cause is found, a public Administrative Complaint is filed against your license.

Settlement or DOAH Hearing

You’ll have the option to settle or fight the complaint at a formal hearing before the Division of Administrative Hearings (DOAH).

At every step, an attorney plays a different role: preparing documents, managing timelines, negotiating terms, and advocating on your behalf.

6. Building a Customized Defense

Each case is different, and Wilson emphasizes the importance of tailoring the defense strategy to the facts, the client’s profession, and the regulatory culture of the board involved.

• Was there harm to a patient?

• Is this a first offense?

• What evidence supports your side?

Expert testimony, witness statements, and a thorough review of records are often key. The goal is not only to defend your case, but to tell your side effectively, in the right legal framework.

7. Navigating the Probable Cause Panel

This panel reviews the investigation report and decides whether a complaint should proceed. Wilson’s role here is critical.

“We try to persuade the panel that the evidence doesn’t warrant formal charges—or at least, only warrants a Letter of Guidance, which isn’t considered discipline.”

Attorneys can submit written arguments and mitigation materials that may significantly influence the panel’s decision.

8. When to Settle and How

Not every case goes to a hearing. In fact, Wilson says that settlements are common. But that doesn’t mean you should accept terms blindly.

“We review every line of the settlement,” says Wilson. “Some terms may seem minor but can trigger long-term consequences, such as reporting to national databases or those that impact terms of your employment.”

The right attorney negotiates for reduced penalties, non-disciplinary outcomes, or alternatives to license suspension.

9. Going to Hearing: What You Need to Know

The Division of Administrative Hearings (DOAH) is where formal disputes are resolved, often before an administrative law judge.

These hearings can resemble trials. There are opening statements, witness examinations, cross-examinations, and legal arguments.

Preparation is everything. Wilson and the HBS legal team ensure clients are ready to testify, understand the questions they’ll face, and know how to present themselves professionally.

10. Consequences Beyond the DOH

Even if you survive the DOH process with your license intact, there can be serious collateral damage, including:

• Mandatory reporting to the National Practitioner Data Bank

• Credentialing issues with hospitals and health systems

• Increased scrutiny from insurance carriers

• Loss of employment or referral relationships

• Public reputational harm

Wilson helps clients mitigate these consequences and develop post-case recovery plans to safeguard their careers, “The goal is to end your case before it begins since both the Complaint and Final Order are posted on your Practitioner Profile. It pays to engage your attorney the minute you feel an interaction might result in a complaint against your license.”