Each state has its own set of statutes and regulations on licensing doctors, accommodating patients who wish to file complaints, and releasing information about physicians who have been subject to discipline and legal action. On this page, we’re sharing the key findings regarding Florida, which we will continue to update as the series progresses.
Key fact: “Probable cause must be established during the investigation stage in order for the case to be heard in front of the appropriate board,” said Brad Dalton, deputy press secretary for the Florida Board of Medicine. Also, the state posts only final orders on its website, not earlier disciplinary actions. In some cases, years elapse between the time board complaints are filed and action is taken. There are even long delays after doctors are arrested.
“When [the patient] fully regained consciousness, she noticed that her skirt had been removed, her underpants were pulled down slightly on the left side, her bra was disheveled, and the top button of her jacket had been undone.”
— Findings of fact from the Board of Medicine's revocation of the license of a doctor who claimed that sex with a patient in his office was consensual.
The Florida Board of Osteopathic Medicine allowed Burke, who has accused of having fondled a dozen women, to keep his license. Among the several cases the board described was an incident involving a patient who was visiting Burke in 2005 because of injuries she sustained in an automobile accident:
Burke “put his arm around Patient J.H.’s waist, pulled her toward his body and began to rub Patient J.H.’s breasts," the board said. "[He] then attempted to pull down Patient J.H.’s shorts, but he was initially unsuccessful because her shorts were tied. [He] successfully pulled Patient J.H.’s shorts down below her buttocks and began rubbing her buttocks … [He] then asked Patient J.H., ‘Who’s your daddy?’ and patient J.H. was scared and in shock.”
After Burke pleaded no contest to two counts of misdemeanor battery in 2008, a judge ordered him not to practice medicine for two years, according to the Orlando Sentinel. He has since been denied renewal of his license, most recently in March 2014.
A family member told the Journal-Constitution that Burke was falsely accused and that his established patients repeatedly ask her when he is returning to practice.
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