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Irving Levine
Irving Levine
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Bar #822957(FL)    
Surfside FL

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08-004197PL  DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JAMES S. PENDERGRAFT, IV, M.D.  (2008)
Division of Administrative Hearings, Florida Filed: Aug. 25, 2008
The issues in this case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.Respondent's failure to fully advise hospital of events at a clinic prior to emergency transfer and to document events warrants discipline.
06-004288PL  DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JAMES S. PENDERGRAFT, IV, M.D.  (2006)
Division of Administrative Hearings, Florida Filed: Nov. 03, 2006
The issues in this case are whether Respondent violated Subsections 456.072(1)(k), 458.331(1)(g), 458.331(1)(m), and 458.331(1)(t), Florida Statutes (2005),1 and Subsections 458.331(1)(m) and 458.331(1)(t), Florida Statutes (2004), and, if so, what discipline should be imposed.Respondent performed third trimester abortion without certification from two physicians and in a location other than a hospital.
07-000096PL  DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JOSE SUAREZ-DIAZ, M.D.  (2007)
Division of Administrative Hearings, Florida Filed: Oct. 12, 2007
The issues in this case for determination are whether Respondent Jose Suarez-Diaz, M.D., violated Section 458.331(1)(m) and (t), Florida Statutes (2003), as alleged in an Amended Administrative Complaint filed by the Department of Health before the Board of Medicine on November 29, 2006; and, if so, what disciplinary action should be taken against his license to practice medicine in the State of Florida.While the evidence proved that Respondent`s medical records were in violation of Section 458.331(1)(m), Florida Statutes, the evidence failed to prove that Respondent violated the standard of care.
06-004906PL  DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CHARLES FINN, M.D.  (2006)
Division of Administrative Hearings, Florida Filed: Dec. 05, 2006
Whether Respondent violated Subsections 458.331(1)(m) and 458.331(1)(t), Florida Statutes (2002),1 and, if so, what discipline should be imposed.Respondent failed to record the findings of a medical examination and failed to accurately record the patient`s history.
04-004111PL  DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs MARVIN REICH, M.D.  (2004)
Division of Administrative Hearings, Florida Filed: Nov. 12, 2004
The issues are whether Respondent is guilty, in his care of each of several patients, of failing to perform a statutory or legal obligation by performing unnecessary diagnostic tests, failing to keep legible medical records justifying the course of treatment, exercising influence on the patient to exploit the patient for the financial gain of Respondent or a third party, prescribing legend drugs other than in the course of his professional practice, and failing to practice medicine in accordance with the applicable level of care. If Respondent is guilty of any of these violations, an additional issue is what penalty should be imposed.$29,000 fine and 5 years` probation for 4 violations of statute prohibiting financial exploitation of patients, 3 of failing to perform a statutory duty, 3 of failing to keep medical records, 2 of inappropriate prescriptions, and 1 of standard of care.

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