Division of Administrative Hearings, Florida
Latest Update: Aug. 25, 1983
This matter concerns the issue of whether the Respondent's license to practice medicine in the State of Florida should be suspended, revoked, or other disciplinary action taken for the Respondent's alleged failure to properly deliver the baby of Mrs. Barbara M. Katz on September 15, 1979. During the hearing, the Petitioner, Department of Professional Regulation, called as its witnesses, Deborah Ferrell, one of the attending nurses, and Ms. Shirley Rascom, the senior nurse on duty in the labor and delivery area on September 14 and 15, 1979, when Mrs. Katz was in labor and delivery. By deposition, the Petitioner presented the testimony of its expert witness, Emanuel A. Friedman, M.D., Se.D. Dr. Aden, the Respondent, was the only witness who testified for the Respondent. The Petitioner offered into evidence eight exhibits and these exhibits were accepted without objection by the Respondent. Those exhibits included as Exhibit 1, the curriculum vitae of Dr. Emanuel A. Friedman; Exhibit 2, Dr. Friedman's notes; Exhibit 3, a composite exhibit of the Baptist Hospital medical records of Barbara Katz; Exhibit 4, an extract of the Baptist Hospital medical records of Barbara Katz; Exhibit 5, the deposition of Dr. Ralph Aden taken on June 9, 1980, in the civil action, Case No. 80-5595, CAO9; Exhibit 6, the Jackson Memorial Hospital medical records of Baby Katz; Exhibit 7, the deposition of Dr. Emanuel Friedman; and Exhibit 8, complete copies of pages 51377 and 51378 of the fetal monitoring strips. The Respondent had two exhibits marked which were articles attached to the deposition of Dr. Emanuel Friedman. These articles were not offered into evidence by the Respondent. Counsel for both Petitioner and Respondent have submitted proposed findings of fact for consideration by the Hearing Officer. To the extent that such findings of fact are not adopted in this Recommended Order, they have been rejected as being irrelevant to the issues in this cause, or as not having been supported by the evidence.Respondent erred in delivering baby and caused its death. Recommend not more than one year of probation.