RICHARD HUSTER, MD., state of] Fl i STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ” PETITIONER, ) ) ) ) Vv. . ) cpa! ) 3 RESPONDENT. . ) ADMINISTRATIVE COMPLAINT _COMES Now the Petitioner, Department of Health, _hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against _ Richard Huster, M.D., hereinafter referred to: as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is s 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 proseciitorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. _ Respondent is 3 and has been at all times material | hereto a licensed physician i in the ‘been issued dTicense number ME 0010703. Respondent’ s last known address is 740 West Plymouth Avenue, Deland, Florida 32729-3282. reali, Chie lo voce tl dima i emeinal ; that the fracture Tedu i a and displaced laterally. 3. On or about January 16, 1993, Patient D.C., a seven (7) year old male, presented to the emergency room due to an injury he sustained to his right elbow after falling off his bike. Patient D.C. presented with swelling and deformity to his right elbow. Patient D.C. was evaluated in the emergency room by the treating emergency room physician who obtained x-rays which revealed a fracture/dislocation of the-right elbow and requested an orthopedic consultation by Respondent. “4, On or about January 16, 1993, immediately upon referral, Respondent evaluated Patient D.C. Respondent noted all vital signs to be normal and that Patient D.C. was a well developed, well nourished, alert, seven-year-old white male in acute distress with right elbow pain. Respondent reviewed the x-rays and diagnosed Patient D.C. with fracture/dislocation of - the right elbow. | | | | 5. Following the orthopedic consultation, Patient D.C. was admitted to the hospital and prepared for surgery the evening of admission. Respondent performed a closed reduction of the dislocation of the right elbow ‘and open reduction with Steinmann .6 pin fixation of the displaced fracture of the lateral condyle. 6. Postoperatively, Patient D.C. was maintained in a long arm, posterior fiberglass splint. Patient D. C. was maintained at bedrest, with elevation. Post-operative x-rays revealed n was inadequate in that the fracture fragment was extended, malrotated, 7. Respondent failed tc tor recognize e that the fracture reduction on post operative x-rays was - inadequate, A reasonably prudent physician i ina . similar situation would have recognized ‘the inadequate reduction of the fracture documented i in the post-operative x-Tays which clearly revealed that the © fracture fragment was extended, ‘maltotated and displaced laterally and would have corrected this inadequacy during the initial treatment. 2 aw seve He wo. U 8. Patient D.C. presented to Respondent post-operatively for four (4) months. During this four (4) month time period, Respondent consistently noted Patient D.C. to be healing well and that each new x-ray obtained during these follow-up visits revealed satisfactory position of the fracture of the lateral condyle and good relationship of the elbow joint. However, X-rays did in fact reveal that the deformity remained, and that the elbow would develop to a cubitus varus with deformity. 9. On or about April 1, 1993 through on or about May 7, 1993, Patient D.C. presented to physical therapy on a regular basis for range of motion exercises. 10. On or about March 29, 1995, Patient D.C. presented to another licensed physician for ’ evaluation of deformity and limited movement of his right elbow. This physician examined Patient D.C., obtained x-rays and diagnosed cubitus varus, secondary to jateral condyle fracture. The physician advised that there is some deformity within the joint that restricts the movement of the joint, but did not recommend surgery to try to re-contour the joint surfaces due to the risk of increased stiffness. The physician did, however, recommend a surgical procedure to improve the appearance of the elbow. 11. Patient D.C. suffers from an elbow deformity, ie. cubitus varus, due to Respondent’s failure to practice medicine with that level ofc care, skill, and treatment which i is Tecognized by a reasonably prudent similar physician as being acceptable under similar conditions and ‘circumstances, i in n that Respondent failed to recognize ‘the ‘inadequacy of his initial reduction and take the appropriate action to correct the situation. 12. Based on the foregoing, ‘Respondent has violated Section 458. 331(1)(), Florida Statutes, by failing | to practice medicine with that level of c care, skill, ‘and treatment which is ‘related to ‘the investigation and prosecution of this case as ; provided for in Section 455. 5.624(4), _ Florida Statutes, and/or sits other relief that the Board deems appropriate. “SIGNED this_/3 aay of EV the , 2000. Robert G. Brooks, M.D., Secretary _ Agency for Health Care Administration recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances "WHEREF ORE, the Petitioner respectfully request the Board of Medicine enter a an 1 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 ‘DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Uchi RAlin oare_ 3/9 002 hief Medical Attorney . Kathryn L. Kaspraak Chief Medical Attomey P.O. Box 14229 ~ . ~ Tallahassee, Florida 32317- 4229 Florida Bar # 0937819 KLK/LFM PCP: March 10, 2000 PCP Members: Ashkar, Miguel,-Rodriguez

Docket for Case No: 00-001522