Dr. Ben Brown allegations lead legislators to call for new laws protecting patients

Florida Representatives Alex Andrade and Michelle Salzman are both calling for changes in state legislation in the wake of allegations involving Gulf Breeze plastic surgeon, Dr. Ben Brown.

Brown’s wife, Hillary, died after he performed several procedures on her in his office, Restore Plastic Surgery, in the Tiger Point area of Santa Rosa County.

After the 33-year-old woman’s untimely death, in which the Department of Health said she appeared to exhibit symptoms of lidocaine toxicity, about two dozen former patients and employees came forward to the News Journal with pictures, documents and accounts of various injuries they suffered because of Brown’s work including infections, improper wound care, and unauthorized procedures such as Brazilian butt lifts.

On May 2, the Florida Department of Health (FDOH) issued an emergency order immediately restricting Brown’s ability to practice medicine, saying he can only practice in a state-licensed hospital under the supervision of a licensed physician.

Hillary Brown death: Dr. Ben Brown's patients, former staff say partial license restriction is 'not enough'

The state said the emergency order was based on several factors including Brown’s refusal to follow the basic standard of medical care when performing procedures in his office such as failing to immediately call for help when his wife was unresponsive, allowing her as an unlicensed medical professional to perform procedures on patients including herself the day she went into cardiac arrest, leaving an unlocked medicine cabinet open in his office so employees could help themselves to meds that would "take the edge off," and not ensuring patients were in a sterile environment.

The News Journal reached out to Ben Brown for comment on the health department’s order. He did not respond but Red Banyan, a crisis management public relations firm, emailed a response on behalf of “the Family of Dr. Ben Brown.”

"This is an ongoing investigation, and therefore we cannot comment on specific details,” the email stated. “However, this public order was issued without Dr. Brown having any opportunity to dispute the allegations against him through any hearing process. These accusations are inaccurate and misleading, and Dr. Brown looks forward to the opportunity to defend himself and present the actual facts through a hearing process in the future. Dr. Brown continues to live an endless nightmare without his wife Hillary by his side, and these inaccurate allegations only further deepen his immense pain.”

Florida Rep. Alex Andrade, who represents the district where Brown’s practice was located, said he is committed to drafting legislation that would prevent physicians from performing surgical procedures on their own family members.

“The only law or rule that apparently isn't there right now that I can confirm is the prohibition on operating on family members for an elective procedure like this,” said Andrade. “This is something as a layperson I thought would have already been on the books. I am absolutely filing that bill for them, so I'm happy to confirm that.”

Hillary Brown’s parents, Marty and Dixie Ellington, are requesting the legislation be named “Hillary’s Law” after their daughter, as a way to remember her and with the hope it will protect others from harm. Ellington said he is “grateful” for Andrade’s help to push the legislation.

“I do know that if the roles were reversed and Hillary was still alive and somebody caused my death in this manner, she would go to the ends of the earth,” said Marty Ellington. “She would be raking people over the coals right now. I feel like I'm doing the same service for her.”

Florida Rep. Michelle Salzman, of Pensacola, is chair of the House of Representatives healthcare regulation subcommittee. She is also calling for changes in legislation because of the allegations surrounding Brown’s case.

Salzman said she reached out to Florida’s surgeon general regarding Brown and is also working with the Florida Medical Association, personal injury attorneys and others to close legal loopholes that have allowed a variety of “bad actors” in the medical field to avoid accountability and compensating patients for work that caused injury.

“The two biggest problems that we have with these patients seeking accountability for the way that they were treated in (Brown’s) office is the arbitration agreement and the self-insurance,” said Salzman. “Those two things have just kneecapped this process for our community to seek better outcomes for themselves and obviously for other people.”

Salzman wants to eliminate arbitration agreements, which prevent patients from going to trial if they are hurt by a doctor and require them instead to resolve issues through arbitration. She also wants to change the minimal medical practice insurance individual physicians carry, which can make it difficult or impossible for a patient to be adequately compensated for injuries.

“That self-insurance is only $250,000,” said Salzman. “The cost of arbitration is a half a million, so even if somebody wanted to go after Ben Brown, it would cost twice as much to even start the process civilly. Arbitration agreements and self-insurance. Those are the main components of it.”

Salzman said the Florida Medical Association (FMA) and private business owners have in the past pushed back against making the changes she wants, but she is moving forward regardless and says the FMA has agreed to work with her on any proposed legislation. Nationally renowned personally injury attorney Virginia Buchanan is also working with Salzman on addressing these issues.

“It is unfortunate that the responsible surgeons and other providers are tainted with the same brush of gross irresponsibility that apparently applies to Dr. Brown and his practice,” said Buchanan, of Pensacola-based law firm Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A. “In office procedures can be beneficial to patients and cost less, and most adhere to reasonable standards and follow safety protocols. Brown evidently did not. Both arbitration and nominal insurance limits pose harms to patients and ultimately, we all end up paying for catastrophic losses when either of these come into play. There is no exception made for gross negligence or extreme recklessness.”

Both Andrade and Salzman have more questions about the way Brown ran his office and why it took so long for the Department of Health to respond to different complaints from patients over the years, issues they intend to address.

They plan to have drafts of the legislation they are filing ready for committee meetings in November with the goal of presenting the bills during next year’s legislative session.

Longtime personal injury attorneys like Buchanan say the legislative changes are needed to improve patient safety, including making it easier for people to report problems as well as access reports on doctors with complaints filed against them so patients can make better informed decisions about medical providers.

“We continue to shroud these cases in secrecy despite a constitutional amendment that is supposed to ensure that citizens can get adverse event reports regarding providers so patients are unable to protect themselves,” said Buchanan. “We need better Department of Health policing and enforcement for certain.”

This article originally appeared on Pensacola News Journal: Dr. Ben Brown allegations lead legislators to call for new laws protecting patients