Received Event (Event Succeeded) Date: 46/00 VY Lo Time: = KL. aM Pages: 12 ‘ - o Duration: 2 min 54 sec SO pRRI°S “eiiaa 19:57AM = AHCAVMEDICAL moses NO.616 P.5/12 a J : \ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) , ) ' v. ) CASE NO. 1999-54182 ) EUGENIO BIRD, MD., ) ) RESPONDENT. +) eS ADMINISTRA! COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner” and files this Administrative Complaint before the Board of Medicine against . Eugenio Bird, 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, Statutes, the Petitioner has contracted with the Agency for: Health Care Administration to provide . investigative, and prosecutorial ‘services required by the Division of eA AON tee er sins en Medical Quay A Assurance, councils, or boards, as appropriate, espon ent is and has been at all times material hereto a licensed ohyssin in the state of Florida, having been issued license number ME 0057203, _Respondent’s last known address is 255 North Lakemont Avenue, Winter Park, Florida 32792-3210. 3. “Respondent species in ophthalmelogy, and is board certified j in in Ophitactogy ravisions ‘of Section 20. 43), Florida Received Event (Event Succeeded) Date: e---+ APR! °S. ‘Zia 18:58AM — AHCA/MEDICAL NO.616 = P.6/12 : pre-operative orders SS ‘ 4/5/00 we) ‘ Time: tk AM Pages: J 12 Duration: 2 min 54 sec 4. On or about October 14, 1998, Patient RB., a sixty-four (64) year old female, | presented to Respondent at the Columbia Same Day Surgicenter of Orlando i in Orlando, Florida, Another ophthalmologist, Patient R.B.’s primary care physician, had referred her to Respondent ‘ after diagnosing a cataract in her left eye. 2 5. The primary ¢ care re physician’ s history and physica, request for medical clearance, and en sfcation surgery with intraocular lens placement ae (hereinafter referred to as “Phaco” ? was 5 to obe 3 performed on the left eye (referred to in the records as “OS”, an abbreviation for “cculus sinister” meaning left eye), “6. However, “the admission “form, consent form, pre-operative anesthesiologist’s “examination record, and pre-operative report (all prepared on the day of surgery) mistakenly indicated that the procedure was to be performed on Patient RBs right eye. A form entitled “New Surgery List for Dr. Bird”, faxed from the primary care physician’s office on or about October 7, 1998, indicated tien B's procedure was to be a “Phaco-OD” “OD” i is an abbreviation of “oculus dexter”, or right eye). Patient RB. also allegedly stated to hospital ” personnel that the procedure was to be performed mn the right 7, Respondent S records do not indicate t that Respondent himself pete. a history and 8, ‘Respondent did not review the primary care physician's 8 revords inioting that the Sener siinton stag at uronic surgery was to be performed on n the left eye, and instead pefome the Phaco surgery and ; tle 3 also without complications. Pages: patient's right eye paragraph eleven a), as if fully sot forth herein this Count Two. Received Event (Event Succeeded) ‘ «Date: 4/5100 w Time: LS AM 12 . Duration: 2 min 54 sec APR! °S Bia 10:58AM — AHCA-MEDICAL — aes NO.616 P72 agraphs one (1) through nine (9), as if fally set forth herein this Count One, y 11. Respondent failed to take his own pre-operative history and physical on a patient who had been referred for surgery on her left eye. As a result, Respondent performed surgery on the op ye examina ation priar to surgery, " , as well as his failure to review the referring doctor’s medical records, is below the acceptable standard of care. — 12. Therefore, Respondent violated Chapter 458.331(1)(0, Florida Statutes, for the failure to practice ‘medicine with that level of care, ‘skill, ‘and treatment which i is recognized bya reasonably prudent ‘similar phys circumstances, ’ leges and incorporates ‘Paragraphs one Q) through nine (9) and “14, Respondent failed to document a pre-operative review of the refening physician’s - records, as well as any performance by Respondent of a pre-operative history and physical. Respondent fai ed to document his s reason(s) for performing surgery on Patient R 5. *s right, rather than her left, eye. 15. Therefore, Respondent violated Chapter 458.331(1)(m), Florida Statutes, for the failure to keep legible medical records that justify the course of treatment of the paticnt, SrP ERS ENE §ERERS TITER om~umpee” preys pecinge sy ees 4 ems ORR Sah adie i 5 i. Se Date: Pages: f---4- Received Event (Event Succeeded) _ “4/5/00 , . 12 WwW APRI"S Bian 10:58AM AHCA-MEDICAL including, but not limited to, patient histories; examination results; test results; records of drags BRP poss etn Time: tod AM Duration: 2 min 54sec waar 8 n NO.616 P.8712 Shanti saeco taogtegs pasa absinarrntti OHTA SC: prescribed, dispensed, or administered; and d reports of consultations and hospitalizations, ‘WHEREFORE, the Petitioner respectflly requests the Board of Medicine enter an order ~ imposing one or more of the folowing penalties; permanent tevocation 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 as provided for in Section 455 624(4), Florida Statutes, and/or any ‘other 3 relief that ‘the Board deems. appropriate. SIGNED this _2,/ Say of asec . , 2000, Robert G. Brooks, M.D., Secretary COUNSEL FOR DEPARTMENT: __ Kathryn L. Kasprzak Chief Medical Attorney : Agency: for Health Care Administration DEPARTMENT oF PATH CLERK « WAM DATE x Bf za lacce

Docket for Case No: 00-001464