PILED | STATE OF FLORIDA Ol DEPARTMENT OF HEALTH oo oct 18 PM WO ol WiSIGK 5 se VE DEPARTMENT OF HEALTH, ) none Sines PETITIONER, O0-E€L73 v. CASE NO. 1996-17805 HORACIO H. SCHLAEN, M.D., RESPONDENT. a”) -~ 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 Horacio H. Schlaen, 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 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 0045923. Respondent’s last known address is 1150 N. 35" Avenue, #490, Hollywood, Florida 33021. 3. Respondent is Board Certified in General Surgery. 4. On or about June 26, 1996, Patient LS, a sixty-five (65) year old male, was admitted to Memorial Regional Hospital with the diagnosis of renal failure. He was found to have a mildly elevated prothrombin time and anemia. In preparation for emergency dialysis, Patient LS’s nephrologist requested the insertion of a Quinton catheter by Respondent. 5. On or about June 26, 1996, at approximately 3:00 p.m., Respondent attempted the insertion of the Quinton catheter via the right jugular vein. During the insertion of the Quinton catheter, Respondent realized that he had lacerated an artery. Patient LS complained of back pain at this time. . ~ 6. Respondent ordered chest x-rays of Patient LS which demonstrated a large right lung zone mass occupying the upper half of the right hemithorax and deviating the trachea, ‘confirming the presence of blood. 7. Respondent managed the bleeding and the hematoma with conservative treatment, despite Patient LS’s complaint of back pain and the chest x-ray showing blood in the right hemithorax. Respondent ordered that Patient LS have a hemoglobin performed and that Patient LS be transfused (receive blood). During the period of about 5:00 p.m. to 6:35 p.m., Patient LS received four units of packed red blood cells. 8. Patient LS was transferred to the Intensive Care Unit, where he was noted to have bright red blood exiting briskly from the neck wound with an expanding hematoma. At approximately 5:30 p.m., Patient LS was intubated for maintenance of his airway. At approximately 6:20 p.m., after further deterioration, Patient LS had an angiography performed for the evaluation of the vascular injury. 9. At approximately 8:20 p.m., Patient LS’s neck wound was bleeding profusely and the transfusion of two additional units of packed red blood cells was ordered by Respondent. 2 YW YW 10. At approximately 8:20 p.m., Respondent requested a consult with a thoracic 11. At approximately 8:30 p.m., Patient LS went into cardiac arrest. At approximately 8:45 p.m., the transfusion of the two additional units of packed red blood cells was started. Attempts to resuscitate were unsuccessful, and Patient LS was pronounced dead at approximately 9:05 p.m. 12. Respondent failed to render appropriate care to Patient LS in one or more of the following ways:-(a) treating Patient LS’s bleeding and the neck hematoma conservatively, when all clinical indications demonstrated the need for aggressive treatment; (b) by failing to orderan angiogram for the evaluation of the vascular injury in an appropriate and timely manner; and ©) by failing to ensure a thoracic surgeon’s evaluation of the patient in an appropriate and timely manner. COUNT ONE 13. Petitioner realleges and incorporates paragraphs one (1) through twelve (12), as if fully set forth herein this Count One. 14. 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 render appropriate care to Patient LS in one or more of the following ways: (a) by treating Patient LS’s bleeding and neck hematoma conservatively, when all clinical indications demonstrated the need for aggressive treatment; (b) by failing to order an angiogram for the evaluation of the vascular injury in an appropriate and timely manner; and (c) by failing to ensure a thoracic surgeon’s evaluation of the patient in an appropriate and timely manner. 15. 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. 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_2@7"ay of 2000. Robert G. Brooks, M.D., Secretary FILED DEPARTMENT OF HEALTH ‘DEPUTY CLERK CLERK Rona pate__©]2u/00__ \ 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 BLT/mlm PCP: June 26, 2000 PCP Members: Cerda, Woods, Pardue

Docket for Case No: 00-004293PL