‘DEPARTMENT OF HEALTH, . - STATE OF FLORIDA - DEPARTMENT OF HEALTH PETITIONER, OWS! ) ) ve ) CASE NO. 1997-01861 ) BENJAMIN E. VICTORICA, M.D., ) ) ) RESPONDENT. ADMINISTRATIVE COMPLAINT 7 COMES NOW the Petitioner, Department of Health, hereinafter referred to as. “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Benjamin E. Victorica, 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 ° _ 456, 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 ail times material hereto a licensed physician in the state of Florida, having been issued license number ME 0018630. Respondent's last known address is 4624 NW 19" Place, Gainesville, Florida 32605. nan OA 3. Respondent is board certified in Pediatric Cardiology and Pediatrics. 4. Patient J.W. was born on August 10, 1994. At the age of one (1) month, Patient J.W. was diagnosed with total anomalous venous return (a congenital a abnormality in ) which the veins that bring blood back to the heart are positioned in the wrong place). 5. On or about October 24, 1994, Patient J.W. underwent repair of the total anomalous pulmonary venous return, at the University Medical Center in Jacksonville, Florida. Patient J.W. was discharged on or about November 13, 1994, on medications . including but not limited to, Digoxin, Lasix and Aldactone.’ 6. Digoxin is a legend drug used in the treatment of congestive heart failure, to slow the ventricular rate. 7. Lasix is a legend drug used in the management of edema secondary to congestive heart failure. . 8. Aldactone is a legend drug most commonly used to counteract potassium loss induced by other diuretics in the management of edema. 9. On or about November 29, 1994, Patient J.W., at three and one-half 3 Ya) months, presented to Shands Hospital at the University of Florida in Gainesville with tachypnea (rapid breathing), congestion, cough and intermittent vomiting. Respondent _ diagnosed Patient J.W. with congestive heart failure versus a respiratory infection, and admitted Patient J.W. The admission chest x-ray showed an increased cardiac size with an area in the right middle lobe that was questionable as to whether it was in infiltrate or surgical scar. oOo wr 10. In the interim between November 29, 1994 and December 5, 1994, Respondent ordered Patient J.W. continue on his medications and be treated with antibiotics for an upper respiratory infection. Patient J.W. was to be observed and if no change in symptoms, a cardiac catheterization was to be performed. . 11. On or about December 5, 1994, Respondent transferred Patient J.W. to the pediatric intensive care unit (PICU), because the patient's symptoms and condition began to worsen. An electrocardiogram (a test used in the detection and diagnosis of heart abnormalities that measure electrical potentials on the body surface and generates a record of the electrical currents associated with heart muscle activity) . - revealed left atrial enlargement, and an echocardiogram (an ultrasound test used in the diagnosis of cardiovascular lesions and in recording the size, motion, and composition of various cardiac structure) revealed pulmonary hypertension, which are signs of venous obstruction. 12. On or about December 8, 1994, Respondent contacted the University Medical Center in Jacksonville to verify the location site of Patient W's previous surgery. After Respondent verified the previous surgical site, a cardiac catheterization was performed on Patient J.W., which revezied an increase in the pulmonary artery pressure and low left ventricular pressure. . 13. On or about December 8, 1994, after the cardiac catheterization, Respondent diagnosed Patient J.W. with (1) status post repair total anomalous pulmonary venous return to the right atrium; (2) residual obstruction at the sight of surgical anastomosis, severe; and (3) mitral valve regurgitation, mild. Respondent a a determined that further surgery was necessary in order to repair the venous » obstruction. Respondent planned this surgery for December 12, 1994. 14. Onor about December 12, 1994, Patient J.W.s condition worsened and he ~ expired before the planned Surgery was scheduled or initiated... vn a eect nase | 15. A reasonably prudent physician under similar conditions and, circumstances would have done one or more of the following: a) obtained adequate information or the complete medical records earlier for Patient J.W. from the University Medical Center of Jacksonville as to the prior operative site of the pulmonary arteries (which was the site of the blockage); b) performed the cardiac catheterization earlier for purposes of diagnosis’ on. Patient J.W.; and . c) scheduled surgery for Patient J.W. within twenty-four (24) to forty- eight (48) hours following the venous obstruction diagnosis on or about December 8, 1994. COUNT ONE 16. Petitioner realleges and incorporates paragraphs one (1) through thirteen. (15), as if fully set forth herein this Count One. . 17. 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 his care and treatment of ~ Patient J.Ww. due to one or more of the following: a) Respondent failed to obtain adequate information or the complete medical records earlier from the University Medical Center of Jacksonville as to the prior operative site of the pulmonary arteries; ae A b) Respondent failed to perform the cardiac catheterization in a timely ~ manner; and c) Respondent failed to schedule Patient J.W. for surgery within twenty- four (24) to forty-eight (48) hours following the diagnosis Of. VENOUS. eh obstruction on or about December 8, 1994. . 18. 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. 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 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. . SIGNED this _| AWhday of Mow , 2001. Robert G. Brooks, M.D., Secretary DEPARTMENT OF HEALTH - DEPUTY CLERK “he Nancy M. Snurkowski ; CLERK * fens sei K : Chief Attorney, Practitioner Regulation DATE 21/2 A eke em COUNSEL FOR DEPARTMENT: Danni Vogt Senior Attorney Agency for.Health Care Administration P.O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 0437158 , DV/amp _ PCP: March 16, 2001 ” PCP Members: Ashkar, Miguel, Pardue

Docket for Case No: 01-001687PL