STATE OF FLORIDA DEPARTMENT OF HEALTH 00 JAN 25 PMI2: 15 DEPARTMENT OF HEALTH, PETITIONER, KIRAN R. MODI, M_D., Q0-O YAB RESPONDENT. ce) ADMINISTRATIVE COMPLAINT — ) ) , v. ) CASE NO. 1996-13073 , ) ) ) COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Kiran R. Modi, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0052106. Respondent’s last known address is 500 N. Washington Ave., Suite 106, Titusville, Florida 32796. 3. Respondent is board certified in Cardiovascular Disease and Internal Medicine. 4. On or about January 6, 1995, Patient A-Y. a sixty-four (64) year old male, presented to the Emergency Room at Parrish Medical Center complaining of severe chest pain and was 1 admitted by Respondent with a diagnosis of acute myocardial infarction. Intravenous thrombolytic therapy (t-PA) was begun in the Emergency Room prior to Patient A.Y’s admission to the Intensive Care Unit. 5. On or about January 9, 1995, Patient A.Y. developed swelling and pain of the right arm, elbow and antecubital area, which was diagnosed as a hematoma (extravasation or blood outside of the vessels). Patient A.Y. became febrile with a temperature of 102.3 and a complete blood count (CBC) was ordered which revealed an increased number of white blood cells and increased bands. Respondent ordered Cefobid (an antibiotic) to be given intravenous piggyback twice each day. A consultation with a vascular surgeon was ordered by Respondent's partner (Dr. Mody), regarding the right arm, elbow and antecubital area pain and swelling. . 6. On or about January 10, 1995, Patient A.Y. continued to complain of right arm pain. Respondent noted swelling with a hematoma. The vascular surgeon consultant recommended the administration of antibiotics. However, Respondent discontinued the antibiotic on January 10th and no other antibiotics were administered. 7. On or about January 11, 1995, Patient A.Y. continued to complain of pain in the right arm. Respondent documented decreased swelling and tenderness of Patient A.Y.’s right forearm and ordered a repeat CBC which was performed on or about January 12, 1995. The repeat CBC revealed an increase in the number of bands to 20% and a decrease in the number of white blood cells. 8. On or about January 13, 1995, Respondent discharged Patient A.Y. with instructions to follow-up with Respondent for an angioplasty. However, on or about January 14, 1995, Patient A.Y. was re-admitted with complaints of increased swelling and pain of the right arm and right-sided chest pain. Patient A.Y. suffered a cardiac arrest and died: The corrected death certificate post autopsy states the cause of death as septicemia due to staphylococcal infection. 9A reasonably prudent physician under similar conditions or circumstances would have recognized the acute infection as revealed by the CBC and increased temperature and continued the antibiotics as recommended by the consulting vascular surgeon. 10. Respondent failed to practice medicine within the standard of care in that Respondent failed to recognize and appropriately treat Patient A.Y.’s infection. 11. Based on the foregoing, Respondent is guilty of violating Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of. the Respondent's license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case, other than costs associated with an attorney’s time, as provided for in Section 455.624(3), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this @ day of Tey , 1999, Robert G. Brooks, M.D., Secretary DEPARTMENT OF HEALTH EPUTY CLERK Q. uw Larry G. McPherson, Jr. CLERK : ° E sll 94 — Chief Medical Attorney DATE, Larry G. McPherson, Jr. ¢ Chief Medical Attorney Agency for Health Care Administration mm TY. 414rrn

Docket for Case No: 00-000423