Received Event (Event Succeeded) Date: * “5/26/00 A Time: “9:55 AM _. Pages: 10 ad Sender: i , Remote CRIN: 26. 2000 18:59AM AHCA/MEDICAL ‘ NO. 978 P.4/18 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) g | 00-848 v ) CASE NO. 1996-12769 a) .INDRAVADAN P. SHAH, M.D., 5 a ) whe 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 - Indravadan P. Shah, 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 7 consumer complaint, investigative, and prosecutorial services required by the Division of es Medical Quality Rasurance, “councils, or ‘boards, “as appropriate, | 2 Respondent is is and ‘has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0048645 “ Respondent’ i Jest known address is 350 North Clyde Morris Boulevaid, Daytona Beach, Florida 321 14, 3. Respondent i is board-certified i in internal medicine. ’ pes cel ok lh viewed a Received Event (Event Succeeded) Date: 5/26/00 . Time: 9:55 AM Pages: 10 VU Sender: Nod Remote C&P; 26. 2000 11:22AM = AHCA/MEDICAL : ‘NO.978 = P.S/18 ‘ — See _ 4, On or about September 20, 1990, Patient M.S., a seventy-seven year (77) old female, presented to Respondent’s office in Daytona Beach, Florida for a physical examination. Respandent’s assessment of Patient M.S., following was that she had diabetes, hypertension, and primary hypertriglyceridemia (an elevated triglyceride concentration in the blood), 5, Respondent’s next encounter with Patient M.S. wag on or about July 6, 1994, Respondent noted that Patient M.S. had been hospitalized three (3) months prior to this office visit for an acute myocardial infarction. 6. On or about August 24, 1994, Patient M.S. presented to Memorial Hospital (“Memorial”) in Ormond Beach, Florida complaining of chest pain. Patient M.S. was x-rayed and the impression rendered was “suspected borderline congestive heart failure. History of previous CABG” (coronary artery bypass graft). Respondent was notified that Patient M.S. was at Memorial, and Respondent had Patient M.S. transferred to the Florida Health Care Center in Daytona Beach, Florida. Patient M.S.’s diagnosis at the time of her transfer was that of “chest pain — atypical, and cellulitis”. 7. On or about August 24, 1994, at or around 1:34 p. Ty Patient M. 8. was received for evaluation at Florida Health Care Center Walledn Center (ithe Center”) in Daytona Beach, ; Florida, Upon arrival at the Center, Patient M. s. complained of shortness of breath and left side S's cardiac history and her presenting symptoms did not have her immediately admitted, did not order an exarnination, and did not appear at the Center to sce Patient M. 5. himself, Instead, Respondent approved Patient MS."s discharge at 5: 05 p. m. the same e day. 8 On August 25, 1994 at 3: 16 am,, Patient M.S, was admitted to Hoaliti Medical Center (“Halifax”), in Daytona Beach, Florida, with her chief complaint being shortness of , wy MEicee 4 : : 2 Received Event (Event Succeeded) Date: * 5/26/00 Time: “9:55 AM Pages: ~ 10 ad Sender: od = Remote C&P; 26.2028 11:22AM = AHCA/MEDICAL - ™ NO.978 = P.G18 — nee ‘ breath. Patient MS. was initially seen by another physician whose assessment of Patient M.S. was that of respiratory failure and possible myocardial infarction. -: . . 9. Respondent arrived at Halifax several hours after Patient M.S. was admitted. Respondent examined Patient M.S. and she was given lasix forty (40) mg IV push, and cardiology and pulmonary consults were requested, Patient MS. was seen by two other physicians, on-the same day she. was admitted, one of whom advised, continuing with the present’: <1. 2% management and who also ordered & two-dimensional echocardiogram which mdjcated-an acute er s-s> non-Q-wave myocardial infarction. Respondent’s records for Patient M.S., however, contain no consultation reports from either of the two physicians. 7 10. On or about August 26, 1994 through on or about August 30, 1994, Patient M.S. remained in critical condition with no substantial changes by Respondent tegarding her treatment. 11, On or about August 31, 1994, Patient M.S. experienced respiratory distress and an EKG revealed ST elevation from V1 to V4, auggesting a possible reinfarct, 12, Patient M.S. was then given thrombolytic therapy followed by anticoagulation and a Lidocaine drip was started. 13. Onor about September 1, “1994, Patient M. 8. ‘became completely unresponsive. On or about September 2, 1994, a CT scan on Patient M.S. revealed an acute left parietal nonbemorrhagic infaret giving rise to sudden loss of consciousness. 14. Patient M.S. continued to decline and expired on September 12, 1994 , as a result of _ Bente respiratory failure due to acute anterior wall myocardial infarction. Received Event (Event Succeeded) F Date: 5/26/00 : , Time: “9:55 AM ‘Pages: = 10 ad Sender: Ww . Remote CRIP: 26.2008 11:22AM = AHCA/MEDICAL ~ NO.978 - P.7/18 eet — 15. During Patient M.S.’ hospitalization at Halifax from August 25, 1994 through “September 12, 1994, Respondent did not document his daily progress notes concerning Patient MS in,the medical records. COUNT © 16. Petitioner realleges and incorporates paragraphs. one (1) through fifteen.(15), as af..." 3.7: fully set forth herein this Count One. Foe we ede 17. Respondent’s treatment of Patient M.S, was below the minimum acceptable standard of care as a resuit of Respondent’s failure to have Patient M.S. admitted to Florida Health Care Center on August 24, 1994, in spite of her complaints of chest pain. Respondent’s treatment of Patient M.S. was also below the minimum accepted standard of care as a result of his failure on August 25, 1994, to immediately initiate thrombolytic and heparin therapy upon her admittance to Halifax Hospital and diagnosis of an acute myocardial infarction. 18. Based on the foregoing, Respondent violated 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. paragraph seventeen (17) as if fully set forth herein this Count Two. ’ 19. Petitioner realleges and incorporates paragraphs on “() through fifteen (15) and Received Event (Event Succeeded) Date: © “5/26/00 Time: “9:55 AM Pages: 10 W Sender: 7) Remote CRIP: 26.2008 11:agAM = AHCA/MEDICAL ; NO.97a 0 P.8/18 : — ae 20. Respondent failed to maintain any physician orders andlor progress notes as a daily account of his treatment of Patient M.S., during her August through September 1994 hospitalization. | 21. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of: a = drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations.“ ~- : 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 as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. . SIGNED this_27 heyy of liye VA , 2000. Robert G. Brooks, M.D., Secretary <.. DEPARTMENT OF HEALT’ oo, DEBUTY GLERK __ cteK abi RAL DATE. z SA tt ll a BS be i i ail i at all oe eg Received Event (Event Succeeded) “Date: * 5/26/00 “Pages: S10 i Remote CMR: 26.2083 11:22AM AHCA/MEDICAL — COUNSEL FOR DEPARTMENT: _. Kathryn L. Kasprzak _... Chief Medical Attomey “Agency for Health Care Administration P, O, Box 14229 . Tallahassee, Florida 32317-4229 Florida Bar #937819 EDL/obm : PCP: April 21, 2000 PCF Members: Ashkar, Cherney “9:55 AM NO. 978 P.9718 SO T

Docket for Case No: 00-002229