STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH, )

BOARD OF MEDICINE, )

)

Petitioner, )

)

vs. ) Case No. 99-1071

)

JOHN DAVID YOUNG, M.D., )

)

Respondent. )

)

ORDER ON REMAND

This cause having come before the undersigned Administrative Law Judge on the Board of Medicine's Order on Remand, dated

April 28, 2000, for the purpose of clarifying what appears to be internal inconsistencies in the findings of the Recommended Order, dated December 27, 1999, in this case; and having reviewed the Recommended Order, the Exceptions to the Order filed by the parties, and the record in this case, and being fully advised in the premises, it is

Found and Determined that certain paragraphs in the Recommended Order could lead to a misunderstanding of the Administrative Law Judge's intent in certain Findings of Fact, it is therefore,

Ordered that paragraphs 24, 26, 27, 29, and 40 of the Findings of Fact in the Recommended Order are amended to read as follows:

24. In order to treat tachycardia, a physician must determine the underlying cause, which directs the physician to the appropriate treatment plan.

* * *

26 Respondent did not complete the documentation of the tachycardia or S1-Q3-T3 changes.

27. Respondent did not recommend admission for patient R.D.

* * *

29. The patient's pulse oximeter initially revealed a 91 percent rating, and subsequent pulse oximeter reading showed a 96 percent.

* * *

33. The standard regiment for diagnosing a pulmonary embolism is a lung scan. Ordering a lung scan was unnecessary under the facts and circumstances of this case.

* * *

40. The only sign and symptom that is seen with any regularity in the presentation of pulmonary embolism patients is shortness of breath. Other signs and symptons occur irregularly. Patient R.D. did not present any of the major risk factors for pulmonary embolism, and only some of the secondary risk factors. The experts, whom I deem credible, agreed that Patient R.D. presented with relatively minor complaints of shortness of breath which would not have given Respondent a clinical suspicion of pulmonary embolism. When examined, Patient R.D. was not diaphoretic or apprephensive, had normal color, with skin warm to the touch.

It is further ordered that all provision of the Recommended Order, dated December 27, 1999, are adopted in full, without further change or amendment.

DONE AND ENTERED this 22nd day of June, 2000, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of June, 2000.

COPIES FURNISHED:

Carol A. Lanfri, Esquire Kristy M. Johnson, Esquire

Agency for Health Care Administration Post Office Box 14229

Tallahassee, Florida 32317-4229

Art C. Young, Esquire

Rissman, Weisbert, Barrett, Hurt, Donahue & McLain, P.A.

201 East Pine Street, 15th Floor Orlando, Florida 32801

Tanya Williams, Executive Director Board of Medicine

Department of Health Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-0750

Pete Peterson, General counsel Department of Health

2020 Capital Circle, Southeast, Bin A02 Tallahassee, Florida 32399-1701

Angela T. Hall, Agency Clerk Department of Health

2020 Capital Circle, Southeast, Bin A02 Tallahassee, Florida 32399-1701

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 99-001071

Orders for Case No: 99-001071