Lankau v. Department of Health, Board of Medicine

District Court of Appeal of Florida

Lankau v. Department of Health, Board of Medicine

845 So. 2d 922, 2003 Fla. App. LEXIS 4787, 2003 WL 1824839

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 2003

DocketNo. 3D02-882

StatusPublished

This text of 845 So. 2d 922 (Lankau v. Department of Health, Board of Medicine) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lankau v. Department of Health, Board of Medicine, 845 So. 2d 922, 2003 Fla. App. LEXIS 4787, 2003 WL 1824839 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The respondent, Charles A. Lankau, M.D., appeals from a final order of the Board of Medicine [Board] concluding that he deviated from the applicable standard of care. We affirm.

A review of the record shows that the Board properly rejected or modified those findings of fact of the administrative law judge [ALJ] that were not based upon competent, substantial evidence. Gross v. Department of Health, 819 So.2d 997, 1000-01 (Fla. 5th DCA 2002). Furthermore, the modified findings of fact, coupled with the ALJ’s other findings, support the conclusion that Dr. Lankau fell below the applicable standard of care.

Affirmed.

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PER CURIAM.

The respondent, Charles A. Lankau, M.D., appeals from a final order of the Board of Medicine [Board] concluding that he deviated from the applicable standard of care. We affirm.

A review of the record shows that the Board properly rejected or modified those findings of fact of the administrative law judge [ALJ] that were not based upon competent, substantial evidence. Gross v. Department of Health, 819 So.2d 997, 1000-01 (Fla. 5th DCA 2002). Furthermore, the modified findings of fact, coupled with the ALJ’s other findings, support the conclusion that Dr. Lankau fell below the applicable standard of care.

Affirmed.

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845 So. 2d 922, 2003 Fla. App. LEXIS 4787, 2003 WL 1824839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lankau-v-department-of-health-board-of-medicine-fladistctapp-2003.

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