ay - DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF HEALTH | MD (Wo2 CASE NO. 96-04722 PETITIONER, Vv. RONALD S. HOFFMAN, M_D., 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 Ronald S. Hoffman, M. D., hereinafter referred to as “Respondent, ” and alleges: lL Effective July 1, 1997, Petitioner i is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, F lorida 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, 0 or boards, as appropriate. - 7 a 2. ; _ Respondent is and has been a at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0031533. Respondent’s last known address is 220 North Westmonte Drive, #B, Altamonte Springs, Florida 32714. 3. Respondent is board certified in Internal Medicine. — Vio. ¥ 4, Respondent was the primary care physician for Patient D.H.,.a fifty-six (56) year old male, under the Humana HMO health care plan (hereinafter, “Humana”). 5. On or about May 11, 1995, Patient D.H, presented to Respondent’s office with complaints of nausea and vomiting of two weeks duration. Patient D.H. was examined by a physician’s assistant under Respondent’s supervision, who referred Patient D.H. for a CT (computer tomography) scan. The scan revealed a thoracic mass which was later discovered to be metatstatic terminal cancer. 6. Between in or about May, 1995 and September, 1995, Patient DH. presented to the emergency room of South Seminole Hospital on several occasions for treatment of pain and other symptoms related to his terminal cancer. 7. On or about July 8, 1995, Patient DH. presented to the emergency room with complaints of shortness of breath. When contacted by the ER physician, Respondent refused to. _ authorize evaluation and treatment by the ER physician. oe 8. : ~On or + about August 3,1 1995, Paint Da again ‘presented to the emergency room with complaints of. shortness of breath. Patient D. H. was examined and diagnosed with pleural effusion Collection of fli | in and around the Jungs). Respondent + was contacted by the ER physician desiring to admit Patient DH. for treatment, and Respondent refused to authorize Patient D.H.’s admission to the hospital. When the ER physician again tried to contact Respondent regarding the treatment of Patient D.H., Respondent refused to speak to her. Patient D. H.’ s admission v was eventually approved by another Humana physician and remained in the hospital for treatment until on or about August 10, 1995. 9. On or about September 4, 1995, Patient D.H. again presented to the emergency room with complaints of chest pain and tachycardia (high pulse rate). Respondent was contacted and again refused to authorize Patient D.H.’s admission to the hospital. 10. At no time material hereto did Patient D. H. or his family complete a DNR (Do Not Resuscitate) authorization. 11. At some time between on or about September 4, 1995, and September 13, 1995, Patient D.H. obtained a new primary care physician from Humana. 12, Onor about September 13, 1995, Patient D.H. was discharged from the hospital in a terminal status, and subsequently expired at home. Bo OA reasonably prudent ‘similar physician ‘would have ‘authorized evaluation of Patient D.H. on or about july 8, 1995, and would have authorized admission of Patient D.H. to the hospital on or about August 3, 1995, and September 4, 1995, when such evaluation and hospital admissions ¥ were re medically indicated for Patient D. HL 14. Respondent ‘Pesoed medicine below the standard of care, in that Respondent oe ‘refused to authorize ‘hospital admissions for Patient DHL on or r. about August 3, 1995, and : September 4, 4, 1995, “when such evaluation and hospital admissions were medically indicated for Patient D.H. | on the foregoing, Respondent has violated Section 458. 331000, ‘Florida Statutes, by failing to practice medicine with ‘that level of care, skill, and treatment which i is - recognize ya reasonably prudent similar physician as as * being acceptable ‘under similar conditions and circumstances. | cope preter: 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 $ license, restriction of the Respondent’ S$ practice, imposition of an n 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 i in Section 455. 624(3), Florida Statutes, and/or any other relief . that the Board deems appropriate. SIGNED this day of tech 1999. Robert G. Brooks, M.D., Secretary Sfheal Larry G. McPherson, Jr. Chief Medical Attorney - COUNSEL FOR DEPARTMENT: LaryG.MePheson,J. ss Chief Medical Attorney F | ae ALTH Agency for Health Care Administration DEPARTMEN ERK P. O. Box 14229 — EPUTY CLE 0. Tallahassee, Florida 32317-4229 CLERK, __ Florida Bar # 788643 DATE RPC/hrb PCP: February 27, 1999 ~ PCP Members: Skinner, Leon, Rodriguez erent ee eegepr meee peee eee nS ope ee 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 _/Q day of __, 1998. James T. Howell, M.D., Secretary a : Lj ? Larry G. le Le Chief Medical Attorney COUNSEL FOR DEPARTMENT: — FILED : ; . PARTMENT OF HEALTH ~ Larry G. McPherson, Jr. OE DEPUTY CL rey . Chief Medical Attorney hy a Au ; LERK io” Agency for Health Care Administration OLE h 4 P. O. Box 14229 DATE, ».-.Tallahassee, Florida 32317-4229 . Florida Bar # 788643 os RPC/deb PCP: August 6, 1998 PCP Members: Skinner, Garrett, Cherney

Docket for Case No: 00-001632