Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ALEX ALBERTO YEMAT, M.D.
Judges: J. D. PARRISH
Agency: Department of Health
Locations: Miami, Florida
Filed: Jun. 14, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 22, 2000.
Latest Update: Dec. 24, 2024
FILED
STATE OF FLORIDA
DEPARTMENT OF HEALTH COUNT4 ANTI: 08
ALR aon OF
HSTRATVE
DEPARTMENT OF HEALTH, ) [DARINGS
)
PETITIONER, _) 002453
)
vs. ) CASE NOS. 1999-54918,
) 1999-62022, & 1999-62058
ALEX ALBERTO YEMAT, MD., )
)
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 Alex
Alberto Yemat, 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 authority 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 0062900. Respondent’s last known
address is 8411 S.W. 38th Street, Miami, Florida 33155.
3. Respondent practices in gynecology and obstetrics, but is not board-certified.
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FACTS PERTAINING TO PATIENT N.R.
4. On or about September 1, 1998, Patient N.R., a thirty-four (34) year-old female
and long-term patient of Respondent, presented to him to receive the results of a blood test.
5. Patient N.R. was seated in the waiting room with her four-year-old son, when
Respondent stuck his head into the room, pointed out Patient N.R. and had her escorted into an
examination room. Patient N.R. was told to wait while Respondent finished with another patient.
6. Respondent entered the examination room where Patient N.R. was waiting and
told her to undress from the waist down. Patient N.R. explained that she was there for the results
of a blood test and not for an examination. Respondent insisted on conducting an examination
and told Patient N.R. to tell her son to leave the room. The patient refused to have her son leave
the room and Respondent told the child to turn his back during the examination.
7. Patient N.R. undressed from the waist down, got onto the examination table and
placed her feet in the examining table stirrups. Respondent began a vaginal examination of
Patient N.R. without a glove on his hand. The patient objected and Respondent placed a latex
glove on his hand. He then thrust his finger into the patient’s vagina and pushed it in and out.
Patient N.R. told Respondent that he was hurting her and although he slowed down, he began to
use his second hand to fondle the patient’s clitoris.
8. Patient N.R. realized that Respondent’s actions were not part of a routine
examination and had nothing to do with her current medical problem. She pushed -his hands
away and got off the examining table to dress. Respondent instructed the patient that he needed
to examine her back and he gripped her hips with both hands. Patient N.R. pushed away,
finished dressing and left the office without paying.
9. During Respondent’s conduct with Patient N.R. no other person, other than the
patient’s minor son, was present in the room.
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10. Onv-the following day, September 2, 1998, Patient N.R. reported the above-
described incident with Respondent to the Hialeah Police Department.
COUNT ONE
11. Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if
fully set forth herein this Count One.
12. Respondent exercised influence within a patient-physician relationship for
purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual
‘misconduct with Patient N.R.
13. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida
Statutes, by exercising influence within a patient-physician relationship for purposes of engaging
a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and
informed consent to sexual activity with his or her physician.
COUNT TWO
14. Petitioner realleges and incorporates paragraphs one (1) through ten (10) and
twelve (12), as if fully set forth herein this Count Two.
15. Respondent failed 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, in that Respondent failed to wear latex gloves while performing a
vaginal examination of Patient N.R. and engaged in sexual misconduct with Patient N.R., during
the course of a vaginal examination.
16. Based on the foregoing, Respondent has 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.
COUNT THREE
17. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), and fifteen (15), as if fully set forth herein this Count Three.
, 18. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the
board or department, or a lawful order of the board or department previously entered in a
disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in
that Respondent violated the express prohibition against sexual misconduct stated in Section
458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with
Patient N.R.
19, Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida
Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or
department, or a lawful order of the board or department previously entered in a disciplinary
hearing or failing to comply with a lawfully issued subpoena of the department.
FACTS PERTAINING TO PATIENT D.P.
20. On or about August 25, 1999, Patient D.P., a seventeen (17) year-old female and
patient of Respondent’s for several years, presented to Respondent’s office as a walk-in patient
for a routine gynecological examination.
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21. While Patient D.P. was waiting to see Respondent, he saw her on her way to the
restroom, commented on how good she looked and had her taken into an examination room
without any further waiting.
22. Respondent entered the examination room and told Patient D.P. to remove her
underwear, pull up her dress, and lie back on the examination table.
23. Respondent inserted his ungloved finger into Patient D. P.’s vagina and thrust his
finger in and out of her vagina. While his finger was in Patient D.P.’s vagina, Respondent also
began touching her clitoris with his other finger in a rotating motion.
24. Patient D.P. asked Respondent why he was not wearing a glove during the
examination. Respondent put a latex glove on his hand and continued to move his finger in and
out of her vagina.
25. During Respondent’s conduct with Patient D.P., he told the patient how large her
vagina was and “how he would love to stick something into it.” He then removed one of her legs
from the stirrup and placed it over his shoulder. He placed two fingers into her vagina and
continued to rub her clitoris with his thumb. Patient D.P. told Respondent repeatedly that he was
hurting her.
26. Patient D.P. asked Respondent what he was doing, she tried to terminate the
examination and she tried to get away from Respondent, but he held her down and continued to
fondle her.
27. Patient D.P. got off of the examining table and Respondent gripped her hips and
pressed his erect penis against her. He then turned her around and began feeling her buttocks and
hips with his hands.
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28. — Pattent D.P. told Respondent that he had hurt her, she expressed her concern over
what he had done and she got dressed. Respondent remained in the room and watched her dress.
29. During Respondent’s conduct with Patient D.P. no other person was present in the
office with Respondent and the patient.
30. Later on the same day, August 25, 1999, Patient D.P. called 911 to report
Respondent’s above-described behavior. On the same day, she filed a police report with the
Hialeah Police Department. The incident was reported to the Agency on or about January 3,
2000.
COUNT FOUR
31. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), and twenty (20) through thirty (30), as if fully set forth herein this Count Four.
32. Respondent exercised influence within a patient-physician relationship for
purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual
misconduct with Patient D.P.
33. Based on the foregoing, Respondent violated Section 458.331(1)(j), Florida
Statutes, by exercising influence within a patient-physician relationship for purposes of engaging
a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and
informed consent to sexual activity with his or her physician.
OUNT FIVE
34. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), twenty (20) through thirty.(30), and thirty-two (32), as if fully set forth herein
this Count Five.
35. Respondent failed 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, in that Respondent failed to wear latex gloves while performing a
vaginal examination of Patient D.P.; engaged in sexual misconduct with Patient D.P., during the
course of a vaginal examination; and placed Patient D.P.'s leg on his shoulder during the pelvic
exam.
36. Based on the foregoing, Respondent has 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.
COUNT SIX
37. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), and thirty-five (35), as if fully
set forth herein this Count Six.
38. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the
board or department, or a lawful order of the board or department previously entered in a
disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in
that Respondent violated the express prohibition against sexual misconduct stated in Section
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458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with
Patient D.P.
39. Based on the foregoing, Respondent violated Section 458.331(1)(x), Florida
Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or
department, or a lawful order of the board or department previously entered in a disciplinary
hearing or failing to comply with a lawfully issued subpoena of the department.
FACTS PERTAINING TO PATIENT S.D.
40. On or about March 12, 1999, Patient S.D., a twenty-six year old female, presented
to Respondent for the first time because of pelvic pain.
41. Respondent ordered a pelvic ultrasound be conducted on Patient S.D. prior to his
examining her. The ultrasound was performed in his office and the results presented to
Respondent. .
42. Patient S.D. was taken into an examining room and Respondent told her to
undress completely. Respondent sent his nurse out of the room and he told Patient S.D. that he
was going to conduct a pap smear test on her. Although Patient S.D. was lying down and could
not see exactly what Respondent was doing during the examination, she felt him place two or
three fingers into her vagina. She then felt him rub her clitoris. Patient $.D. asked Respondent
what he was doing and he told her that what she was feeling was the urge to urinate. Respondent
continued to thrust his fingers deep into Patient S.D. even though she complained that he was
hurting her. Respondent responded by saying that he was hurting her because she had an
infection. He then removed his glove and continued to thrust his fingers into Patient S.D.’s
vagina and to rub her clitoris. After Respondent removed his fingers from Patient S.D.’s vagina,
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he told her to stand up and jump up and down and to tum so that her buttocks faced him. He
then examined Patient S.D.’s breasts.
43. | Respondent’s office notes reflect a diagnosis of pelvic pain for Patient S.D.
Respondent wrote Patient S.D. prescriptions for Flaggl ER, Cleocin vaginal cream, and
Zithromax.
44. On the following day, March 13, 1999, Patient S.D. presented to Homestead
Hospital in Homestead, Florida with pelvic pain. She reported to the emergency room physician
that she had been sexually assaulted by Respondent.
45. Section 458.329, Florida Statutes, states that the physician-patient relationship is
founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the
physician-patient relationship through which the physician uses said relationship to induce the
patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the
scope of the practice or the scope of generally accepted examination or treatment of the patient.
Sexual misconduct in the practice of medicine is prohibited.
COUNT SEVEN
46. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), and forty (40)
through forty-five (45), as if fully set forth herein this Count Seven.
47. Respondent exercised influence within a patient-physician relationship for
purposes of engaging a patient in sexual activity, in that Respondent engaged in sexual
misconduct with Patient S.D.
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48. Baséd on the foregoing, Respondent violated Section 458.331(1)(j), Florida
Statutes, by exercising influence within a patient-physician relationship for purposes of engaging
a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and
informed consent to sexual activity with his or her physician.
COUNT EIGHT
49. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), forty (40)
through forty-five (45), and forty-seven (47), as if fully set forth herein this Count Eight. .
50. Respondent failed 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, in that Respondent failed to wear latex gloves while performing a
vaginal examination of Patient S.D. and engaged in sexual misconduct with Patient S.D. during
the course of a vaginal examination.
51. Based on the foregoing, Respondent has 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.
COUNT NINE
52. Petitioner realleges and incorporates paragraphs one (1) through ten (10), twelve
(12), fifteen (15), twenty (20) through thirty (30), thirty-two (32), thirty-five (35), forty (40)
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through forty-five'(45), forty-seven (47), and fifty (50), as if fully set forth herein this Count
Nine.
53. Respondent violated any provision of Chapter 458, Florida Statutes, a rule of the
board or department, or a lawful order of the board or department previously entered in a
disciplinary hearing or failed to comply with a lawfully issued subpoena of the department, in
that Respondent violated the express prohibition against sexual misconduct stated in Section
458.329, Florida Statutes, and Rule 64B-9.008, Florida Administrative Code in his actions with
Patient S.D.
54. Based on the foregoing, Respondent violated Section 458.331(1)(x),- Florida
Statutes, by violating any provision of Chapter 458, Florida Statutes, a rule of the board or
department, or a lawful order of the board or department previously entered in a disciplinary
hearing or failing to comply with a lawfully issued subpoena of the department.
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
Respondents 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.
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SIGNED this_ /@” day of ase , 2000.
Robert G. Brooks, M.D., Secretary
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK.
CLERK Sfaun Z a aihryn LOCaSp
Chief Medical Attorney
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COUNSEL FOR DEPARTMENT:
Kathryn L. Kasprzak
Chief Medical Attorney
Agency for Health Care Administration
P. O. Box 14229
Tallahassee, Florida 32317-4229
Florida Bar #0937819
KLK/kmk
PCP: May 15, 2000
PCP Members: Ashkar, McMillin, Rodriguez
Docket for Case No: 00-002453
Issue Date |
Proceedings |
Aug. 22, 2000 |
Order issued. CASE CLOSED.
|
Aug. 16, 2000 |
Case Status Report (filed by Petitioner via facsimile).
|
Jul. 26, 2000 |
Order issued. (the petitioner is granted leave until 8/15/00 to secure a valid address for respondent)
|
Jul. 12, 2000 |
Notice of Telephone Hearing sent out. (telephonic hearing set for July 24, 2000; 2:00 p.m.)
|
Jun. 30, 2000 |
Order (for Judge`s signature) Granting Motion to Withdraw as Counsel for Respondent, Alex Alberto Yemat, M.D. filed.
|
Jun. 30, 2000 |
Motion to Withdraw as Counsel for Respondent. Alex Alberto Yemat, M.D. (filed via facsimile)
|
Jun. 21, 2000 |
Initial Order issued. |
Jun. 14, 2000 |
Election of Rights filed.
|
Jun. 14, 2000 |
Administrative Complaint filed.
|
Jun. 14, 2000 |
Agency Referral Letter filed.
|