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99-000306 BOARD OF MEDICINE vs HOWARD BRUCE RUBIN, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Jan. 25, 1999

The issue is whether Respondent failed to practice medicine at the level of care, skill, and treatment that is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances and, if not, the penalty.Petitioner failed to prove that Respondent deviated from the applicable standard of care by placing a tube in a kidney for drainage.

01-003211PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs REMO G. GAUDIEL, M.D. (2001)

Division of Administrative Hearings, Florida Filed: Aug. 15, 2001

The issue in the case is whether the allegations of the Administrative Complaint filed by the Petitioner against the Respondent are correct and if so, what penalty should be imposed.Failure to document patient`s refusal for hospital admission warrants discipline.

01-003212PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs MARC S. SCHNEIDER, M.D. (2001)

Division of Administrative Hearings, Florida Filed: Aug. 15, 2001

The ultimate issues in this case are whether Respondent violated Section 458.331(1)(m) and (t), Florida Statutes (1997), respectively, by failing to keep medical records that justify the course of treatment and by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances; and, if so, what penalty, if any, should be imposed against Respondent's license to practice medicine. (All chapter and section references are to Florida Statutes (1997) unless otherwise stated.)Plastic surgeon who performed procedure different than authorized in written consent; did not maintain records justifying difference; and used overly large implants should be fined $5,000, reprimanded, and complete continuing professional education.

00-000280 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs LIONEL RESNICK, M.D. (2000)

Division of Administrative Hearings, Florida Filed: Jan. 18, 2000

This is a license discipline case in which the Petitioner, by means of a one-count Administrative Complaint, seeks to take disciplinary action against the Respondent on the basis of his alleged violation of Section 458.331(1)(c), Florida Statutes.Medical doctor convicted of mail fraud in connection with conversion of over $500,000 from employer is guilty of violation of Section 458.331(1)(c), Florida Statutes.

99-004716 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CESAR AUGUSTO LARA, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Nov. 09, 1999

The issue in this case is whether Respondent, Cesar Augusto Lara, M.D., should be disciplined on charges alleged in the Administrative Complaint filed by Petitioner, the Department of Health (DOH), in DOH Case No. 96-12965. Essentially, the charges are that Respondent practiced medicine below acceptable standards after receiving a questionable chest X-ray on a patient on November 17, 1994.Although discussion of questionable x-ray and follow-up appt was not documented, evidence failed to prove that Resp failed to discuss the matters with patient. Practice below the standard of care or failure to keep appropriate medical records not proven.

99-002397 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs ROBERT G. BOURQUE, M.D. (1999)

Division of Administrative Hearings, Florida Filed: May 28, 1999

The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.Clear and convincing evidence that Respondent did not violate any standard of care in treating a patient with an ectopic pregnancy.

98-004462 BOARD OF MEDICINE vs WILLIAM O. DEWEESE (1998)

Division of Administrative Hearings, Florida Filed: Oct. 08, 1998

The issue in this case is whether the Respondent should be disciplined for allegedly practicing medicine below the generally accepted standard of care when he performed a laminectomy and discectomy at the incorrect level of a patient's lumbar spine.Surgeon operated at an unintended level of the spine, but it was not proven that he did not have radiological confirmation. There were enough factors to explain his error, so that the alleged violation and practice below standard of care were not proven.

98-002158 BOARD OF MEDICINE vs JOHN JULIUS DALLMAN (1998)

Division of Administrative Hearings, Florida Filed: May 07, 1998

The issues for determination in this case are whether Respondent failed to practice medicine with the level of care, skill, and treatment which is recognized by a reasonably prudent physician as being acceptable under similar conditions and circumstances, and whether Respondent failed to keep appropriate medical records justifying the course of treatment, as alleged in the Administrative Complaint, and if so, whether Respondent’s license to practice medicine should be disciplined.Evidence did not establish emergency room physician violated standard of care in treatment of patient by failing to diagnose gangrenous intestine.

96-004750 BOARD OF MEDICINE vs JONATHAN M. FRANTZ (1996)

Division of Administrative Hearings, Florida Filed: Oct. 09, 1996

The issue is whether Respondent failed to practice medicine with the required standard of care, in violation of Section 458.331(1)(t), Florida Statutes, and failed to keep required written medical records, in violation of Section 458.331(1)(m), Florida Statutes. If so, an additional issue is what penalty should be imposed.Petitioner failed to prove deviation from applicable standard of care or failure to maintain adequate medical records when Down Syndrome patient died after cardiac surgery.

96-003689 BOARD OF MEDICINE vs KEITH A. KLAUSNER (1996)

Division of Administrative Hearings, Florida Filed: Aug. 07, 1996

The issues to be resolved in this proceeding concern whether the Respondent, at times pertinent hereto, was unable to practice respiratory therapy with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, or other substances, or as a result of any mental or physical condition, in alleged violation of Section 468.365(1)(x), Florida Statutes.Petitioner proved that Respondent used cocaine; was chemically dependent and that it interfered with care to patients. One year suspension and treatment program

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