The Florida ombudsman case against state and long-term care provider groups can proceed. If you have been following this saga, former Florida long-term care watchdog Brian Lee filed a lawsuit against the Florida Department of Elder Affairs, the Florida Health Care Association and the Florida Assisted Living Association for alleged "whistle-blower retaliation."
He is seeking $15,000 in damages for the "significant emotional distress and mental pain and suffering" resulting from his forced resignation last year. Lee reportedly had a rocky relationship with some nursing home operators, who felt his inspections were too critical. As ombudsman, Lee had asked long-term care providers to submit ownership information. He says he was forced to resign because of it in February 2011.
Circuit Judge James Shelfer denied motions to dismiss the lawsuit filed.
In addition to alleging tortuous interference by FALA and FHCA, Lee says that he was covered under the Florida Whistle-Blower Retaliation laws.
Stay tuned. This is one drawn-out experience that needs rescuing.
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