Opinion
No. 91-1631.
April 6, 1992. Rehearing Denied May 15, 1992.
Appeal from the Department of Health and Rehabilitative Services.
Paul Watson Lambert, Tallahassee, and Woodburn S. Wesley, Jr., of Cotton, Wesley, Poche Gates, Shalimar, for appellant.
W. Douglas White, Asst. Dist. Legal Counsel, Pensacola, for appellee.
Finding no reversible error, we affirm the final order of the Department of Health and Rehabilitative Services. In affirming, we specifically hold that a physician at a nursing home is a caregiver as defined under section 415.102(4), Florida Statutes (Supp. 1986). We further hold that the standard for neglect under section 415.102(12), Florida Statutes (Supp. 1986), as applied to a physician is the failure to provide medical services that a reasonably prudent similar health care provider would deem acceptable and appropriate.
SHIVERS, WIGGINTON and BARFIELD, JJ., concur.