On January 8, 2013, Petitioner, Irene Rodriguez, on behalf of and as parent and natural guardian of Elijah Theard (Elijah), a minor, filed a Petition Under Protest Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition named Billy Lee Duke, M.D.; Brenda Harris-Watson, M.D.; and Manuel Fiesta, M.D., as the physicians providing obstetric services at the birth of Elijah at Lakeland Regional Medical Center in Lakeland, Florida. DOAH served NICA with a copy of the Petition on January 28, 2013. Dr. Fiesta was served a copy of the Petition on January 22, 2013. Lakeland Regional Medical Center, Dr. Duke, and Dr. Harris-Watson were served copies of the Petition on January 21, 2013. Dr. Harris-Watson was also served a copy of the Petition on January 22, 2013. On March 13, 2013, Dr. Duke filed a motion to intervene, which was granted by Order dated March 20, 2013. On March 20, 2013, Dr. Harris-Watson filed a motion to intervene, which was granted by Order dated March 29, 2013. NICA filed a Motion for Summary Final Order, asserting that Elijah sustained a "birth-related neurological injury" as that term is defined in section 766.302(2), Florida Statutes. The motion was served by Email on June 28, 2013. As of the date of this Summary Final Order on Compensability, neither Petitioner nor Intervenors have filed a response.Hospital failed to provide notice; physicians provided notice.

The issue in this case is whether the Board of Medicine should discipline Respondent under section 458.331(1)(g), Florida Statutes (2006),1/ for failures to perform statutory or legal obligations allegedly revealed during an inspection of her medical practice on March 17, 2007. Respondent denies the charges and also defends on the ground of laches.One charge of practice in unsanitary conditions sustained; other charges regarding storage of medications not proven. Recommend letter of concern and $1,000 fine.

Should discipline be imposed against Respondent's license to practice medicine for violation of Section 458.331(1)(m) and (t), Florida Statutes (2005)?Respondent did not violate the standard of care in diagnosis and treatment provided.

Whether disciplinary action should be taken against Respondent's license to practice medicine based on allegations that Respondent violated the provisions of Subsections 458.331(1)(m) and (t), Florida Statutes, arising from his treatment and care of Patient M.R., as alleged in the Administrative Complaint in this proceeding.In a close case, Petitioner failed to prove that Respondent deviated from standard of care during three operations on patient`s carotid artery; medical records adequate; dismiss.