Division of Administrative Hearings, Florida
Filed: May 03, 2010
The issues in this case are whether Respondent, a physician specializing in gastroenterology, (a) mistakenly gave a patient an upper endoscopy, thereby committing the disciplinable act of performing a "wrong procedure"; and/or (b) failed to confirm the intended procedure, allegedly a colonoscopy, before performing the alleged "wrong procedure," in violation of the "pause rule." If Respondent committed these offenses, or either of them, it will be necessary to determine an appropriate penalty.Respondent did not perform a "wrong procedure" when she gave a patient an upper endoscopy for that was the intended procedure, and Respondent complied with the "pause rule" by confirming the intended procedure before proceeding.