| | Received Event (Event Succeeded) _ 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 Jaya Shekar, 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 consumer complaint, investigative, and prosecutorial Services required by the Division of Medical 1 Quality Assurance, councils, or boards, as appropriate. ee 2 pondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0029884, Respondent's last known address is 2554 Blanding Blvd,, Middleburg, Florida 32068. 3. On or about February 9, 1996, the Respondent admitted Patient L. B., a forty-four . (44) year old female, to the Orange Park Medical Center i in Orange Park, Florida, Patient L. B. < Datei * 6/14/00 8 Time: fag 4:46 PM : ‘Pages: 6 ad . Sender: Remote CSIR: 14.2000 4:52PM = AHCA/MEDICAL NO.354P.26 | STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, CO AN | PETITIONER, ) ) v ) CASE NO, 97-13661 a) JAYA SHEKAR, M.D., ar ) , RESPONDENT. _) i i i i i \ ' | Received Event (Event Succeeded) eT ——r_ i Ee Date: 6/14/00 Cw) Time: Wd 4:46 PM ‘Pages: 6 , Sender: Remote C8I9; 14.2209 94:50PM PHCA/MEDICAL, . NO.354 P1326 . deterinining thee etio: logy ‘of her severe intractable back pain. had a history of s severe arthritis and chronic back pain after having had a two (2) level lumbar laminectomy in 1993. 4. On or about February 9, 1996, Patient L, B. had symptoms of severe intractable back pain and was unable to control left leg and foot when extending leg forward. Patient L. B. stated that the pain was not like her arthritis pain. 5, On or about February’, 1996, the Respondent ordered that Patient L. B. have a lumbar spine x-ray. , 6. Onorabout February 12, 1996, the Respondent discharged Patient L. B, with pain medication _ _ 7. During the period of February 9, 1996 to February 12, 1996, the Respondent did not order a CT sean, a MRI, a Myelogram, computerized tomography, or any other type of diagnostic testing to determine the etiology of Patient L. B.” 8 pain in her back. 8. During the period of February 9, 1996 to February 12, 1996, the Respondent did not arrange consultations with a neurologist, neurosurgeon or orthopedic surgeon. 9. During 1 the period of February 9, 1996 to February 12, 1996, the Respondent did oun i ive and complete history 2 and Physical: in the medical recotds of Z von, On or about March 6, 1996, another physician examined Patient L. B. and determined that she had foot drop that had been resent for Approrimnately two weeks and that the back} pain was still present, emma ore ceed Received Event (Event Succeeded) —_———oO—OOC Date: * 6/14/00 Time: ef 4:46PM Date w 7 Mw ‘Pages: 6 . ; Sender: Remote CSI9; 14.2000 © 4:5@PM = AHCA-MEDTCAL ; NO.354 P46 Spi RRR 12. After ordering an MRI that revealed 13-44 and Lass lef disc hemiations, the other physician performed a lumbar laminectomy on Patient L. B, on or about April 26, 1996, but the foot drop remained present. 13. Petitioner tealleges and. incorporates paragraphs one (1) through twelve (12), as if fully set forth herein this Count One. 14. The Respondent fel below the standard of cate in the diagnosis and treatment of ; Patient L. B., , resulting i in permanent damage to the patient, The Respondent failed to use the available diagnostic tools to determine the etiology of the patient’s severe back pain. The Respondent only ordered one test and gave pain medication to the patient, With the symptoms that the patient presented with, the Respondent should have ordered further testing to determine the cause of the pain, The Respondent discharged the patient from the hospital without determining the etiology of her pain. | -15. -Based on the foregoing allegations, the Respondent violated Section 458.331(1)(t), Florida Statutes by failing to practice medicine with that level of care, skill, and : reat nt vhich i is recognized by a reasonably prudent similar F physician as s being acceptable . under similar conditions and circumstances, : : Received Event (Event Succeeded) Date: * 6/14/00 cy Time: (J 446 Pu ‘Pages: 6 : : Sender: Remote CSIRi14.200a © 4:51PM = AHCA/MEDICAL \ . NO.354. P56 ~ COUNSEL FOR DEPARTMENT: - 18. Based on the foregoing allegations, the Respondent violated Section 458.331(1)(m), Florida Statutes by failing to keep written medical records justifying the course’ of t treatment of the patient, including, but not limited to, patient histories; examination results: test results; records of drugs prescribed, dispensed, or administered; and a reports of consultations and hospitalizations. 1 ' . - 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 reptimand, 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 relist ~ that the Board deems appropriate, SIGNED this_/OQ_ day of MMiioh, , 1999. : Robert G. Brooks, M.D., Secretary Larry G. McPherson, Ji. Chief Medical Attorney Larry G. McPherson, Jr. FILED "Tallahassee, Florida 32317-4229 _ DEPARTMENT OF HEALTH Florida Bar # 788643 EPUTY CLERK RPC/dcb PCP: February 27, 1999 PCP Members: Skinner, Leon, Rodriguez erm Coe renee ore

Docket for Case No: 00-002491