Darrin Lee Dest's Legal Cases (3)

Administrative law

Physician v. TMB

N/A

OUTCOME: The matter was dismissed at an Informal Settlement Conference

Physician was notified that he was under investigation for non-therapeutic prescribing of opioid pain medications and failure to register as a pain management clinic. Physician had been in talks with ... a pain management clinic to become their Medical Director. Negotiations stalled, but the physician had provided information, such as their DEA number, to the clinic as part of onboarding. The clinic proceeded to issue prescriptions under physician’s name and DEA number for months without his knowledge and without any physician oversight. Mr. Dest advocated for physician, demonstrated that the Physician had essentially been the victim of identity theft, and cleared his name and license before the TMB and DEA.

Administrative law

Physician v. TMB

N/A

OUTCOME: The case was dismissed after the initial response to the complaint.

Physician, a plastic surgeon, received a Board complaint alleging that he had failed to place breast implants appropriately and then failed to offer and provide corrective surgery to fix his alleged mi ... stake. The patient filed their complaint nearly a year after the procedure was completed, asking for corrective surgery. Mr. Dest was able to demonstrate that the surgery at issue had been done correctly and resulted in an acceptable outcome. Mr. Dest further showed through the patient’s signed informed consent documentation that a free revision was not warranted and that the patient was free to consult further with Physician, but that any additional work would be subject to a new agreement.

Administrative law

Nurse v. BON

N/A

OUTCOME: The matter was dismissed in the course of investigation.

The Nurse was employed as Director of Nursing in a long-term care facility. The facility faced a state audit that cited several deficiencies in individual nursing care. The Nurse was terminated and a ... complaint was filed with the Board of Nursing. The Nurse was charged by the Board of Nursing with failing to adequately perform her supervisory duties as Director of Nursing. Mr. Dest was able to demonstrate that the Nurse had supervised the unit appropriately and that the deficiencies cited were isolated incidences by individual nurses.

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