Kirk S. Davis

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An accomplished litigator, Kirk Davis represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings. Kirk has decades of experience in the peer review process and has been involved in all aspects of hearings, from prosecuting physicians to defending medical staff and serving as a hearing officer. He helps hospitals comply with federal and state laws by recommending peer review best practices and procedures. In addition to his work on medical malpractice matters, Kirk handles disputes between physicians in private practices and effectively resolves contentious medical practice dissolution through alternative dispute resolution. Kirk has served as an arbitrator in various healthcare-related matters and is a sought after speaker on health law topics. He is Board Certified in Health Law by The Florida Bar and recognized by Chambers USA as a leading lawyer in healthcare.

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Florida: Do You Know Where Your “Minor” Is?

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
During the COVID-19 pandemic, telehealth usage has dramatically increased, as discussed in a recent Health Law Rx post. Telehealth makes it easier for individuals who cannot drive, including many minors, to seek necessary care, leading to many questions regarding when “minors” (individuals under 18 years of age) can consent to treatment – when the “disability … Continue Reading

Is A Safer Healthcare System Within Reach?

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
COVID-19 has made healthcare organizations acutely aware of the need to fine-tune their internal safety systems. The National Steering Committee for Patient Safety (NSC), comprised of 27 organizations, has come to the rescue. NSC recently released guidance entitled, “Safer Together: A National Action Plan to Advance Patient Safety” (the Plan). The Plan provides a methodology … Continue Reading

HIPAA Says To Give Me My Medical Records…NOW!

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
Healthcare providers are generally required by HIPAA to provide patients or their legal representatives with the ability to inspect or obtain copies of their medical records within 30 days of a request (state specific requirements are not addressed herein.) The Office of Civil Rights (OCR) has been enforcing this requirement through its Right of Access … Continue Reading

What Consent for Which “Pelvic Examination”?

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
Healthcare practitioners, including medical students, are now prohibited from performing pelvic examinations on female patients without first obtaining written consent, but many specific, logistical questions were left unanswered. The new law became effective July 1, 2020. “[P]elvic exams will now require specific consent, except in cases of emergency, finally halting the wholly inappropriate practice of … Continue Reading

Telehealth Physical Examinations: Turn on your camera and show me your “rash.”

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
Physician offices have seen a dramatic increase in telehealth visits during the COVID-19 pandemic. This development has raised questions regarding the appropriate standard of care when performing a telehealth examination, in particular the “physical examination.” Naturally this blog can never supplant the physician’s expertise in evaluating patients. As in other contexts, physicians practicing telemedicine should … Continue Reading

Taking Triage to Trial

By Kirk S. Davis and Danielle C. Gordet on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
The COVID 19 epidemic is bound to overwhelm available medical resources in the United States. Healthcare institutions and practitioners will be forced to make impossible life-or-death decisions regarding the allocation of manpower and supplies. They must also be ready to defend those decisions against a backlash of grief—and lawsuits—once the crisis has passed. A defensible … Continue Reading

You Can’t Always Get What You Want

By Kirk S. Davis on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems
The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use at trial. The Florida statutory prohibition against the use and admissibility of certain incident reports was postulated to conflict with the … Continue Reading

Addressing Acute Mental Health Concerns: Parkland’s Legacy – Florida’s Red Flag Law

By Kirk S. Davis on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems
We are all too aware of the horrors of the Parkland shooting. In response to that awful day, the Florida Legislature enacted Florida Statute Section 790.401 in 2018, “the Marjory Stoneman Douglas High School Safety Act.”  Part of this new law is the “red flag” provision which allows courts to proactively remove firearms from individuals … Continue Reading

Possible Relief for Hospitals in the Protection of PSO Information?

By Kirk S. Davis on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems
Last Thursday, September 5, 2019, Judge James Moody, Jr. of the United States District Court for the Middle District of Florida issued a positive ruling for hospitals dealing with patient safety organization (PSO) data. The opinion can be reviewed here. Note, while this decision is not binding on state courts, it is persuasive authority. It … Continue Reading

“Sometimes Wrong, Never in Doubt” – A New Perspective?

By Kirk S. Davis on Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, Physicians
Two recent studies of medical malpractice claims highlight how patient complaints may identify those surgeons at greater risk for complications, a significant decrease in paid medical malpractice claims since 1992, and the need for greater understanding of the causes of differences in claims experience across medical specialties.… Continue Reading

Recent CyberSecurity Incidents Emphasize Importance of Cyberinsurance

By Kirk S. Davis on Posted in Healthcare Law, HIPAA, Privacy, and Data Security, Pharmacy, Drugs, Medical Devices & Equipment
As the threat of cyberattacks continues to pose daily threats to businesses large and small, more companies have turned to cyber insurance products to shore up protection against these disruptive threats. A spate of recent incidents has highlighted the importance of taking steps to prepare for and mitigate possible damages. As such, healthcare entities have … Continue Reading

11th Circuit Awards Humana Double Damages Under Medicare Secondary Payer Act

By Kirk S. Davis on Posted in Health Insurers & Managed Care Organizations, Healthcare Law, Healthcare Litigation, Medicare & Medicaid
Humana Medical Plan, Inc. v. Western Heritage Insurance Co., case number 15-11436. Liability insurers beware, as the 11th Circuit held that Medicare Advantage Organizations (MAO) are entitled to the same rights Medicare itself would have in actions against primary payers for reimbursement of conditional healthcare treatment costs. … Continue Reading

The Silent Threats of Breaches to Medical Devices are Starting to Make Noise

By Kirk S. Davis and Jason Betke on Posted in Electronic Health Records & Medical Records, Healthcare Law, HIPAA, Privacy, and Data Security
The U.S. Food and Drug Administration (FDA), which is responsible for guidance on medical devices, has acknowledged that certain devices are susceptible to breaches. The FDA has identified cybersecurity vulnerabilities in medical devices that could allow unauthorized users to not only access patient information, but also to control the device. The FDA’s oversight comes at … Continue Reading

Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7

By S. Scott Ross and Kirk S. Davis on Posted in Accountable Care Organizations, Affordable Care Act and Other Healthcare Reform Legislation, Government Affairs, Licensure & Regulatory, Healthcare Law, Healthcare Litigation, Healthcare Reform Legislation, Physicians
Florida’s First District Court of Appeal issued its opinion in the highly watched case of Southern Baptist Hospital of Florida, Inc. v. Charles et al. The First District Court ruled that the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA): Expressly preempts any broad discovery rights afforded under Florida’s Amendment 7 for documents … Continue Reading

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

By Kirk S. Davis on Posted in Health Insurers & Managed Care Organizations, HIPAA, Privacy, and Data Security
Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint data of nearly six million individuals had been compromised in a cyber-security attack, fear came home to roost. Let’s … Continue Reading

Audit Log Discovery as a Feature of the Electronic Medical Record

By Kirk S. Davis and S. Scott Ross on Posted in Electronic Health Records & Medical Records, Healthcare Litigation
The increased use of electronic medical records (“EMR”) is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits.  Plaintiffs’ attorneys seek to discover not only the contents of the medical records created by defendant healthcare providers, but also seek audit logs and access reports which … Continue Reading
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