STATE OF FLORIDA Go. DEPARTMENT OF HEALTH 9.0. 4, De, pe 7 Za Bes ty “7 DEPARTMENT OF HEALTH, “Lg a io Bie oo Petitioner, “ V. Case No. 2003-08827 JOHN P. LANDI, M.D., ( Uf. 4 IK ve Respondent. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, DEPARTMENT OF HEALTH, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, JOHN P. LANDI, M.D., and in support thereof alleges: 1. 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. 2. For all times material hereto, Respondent was a medical doctor (M.D.) in the State of Florida, having been issued license number ME 68420. 3. Respondent's address of record is 85 8'" Street North, Naples, Florida 34102. 4. Respondent is board certified in general and vascular surgery. 5. For all times material hereto, Respondent practiced surgery at Naples Day Surgery Center (Center), 11161 Health Park Blvd., Naples, Florida 34110. 6. On or about January 15, 2003, Respondent performed a left Endolumina laser ablation of the greater saphenous vein on Patient C.B., a 62 year-old female. 7. During Patient C.B.’s surgical procedure, Respondent attempted to percutaneously cannulate the saphenous vein in the above-knee area, but was unsuccessful. 8. Respondent made a small incision, identified the saphenous vein and performed a small venotomy (punctured a vein) on Patient C.B. 9, Respondent inserted a guide wire in Patient C.B.’s left leg and positioned it under ultrasonic control at the saphenofemoral junction. 10. Respondent then exchanged the guide wire for a laser filament, a long plastic sheath, that was fired numerous times between Patient C.B.'s groin area and her knee. 11. At the end of the procedure, Respondent removed the laser filament and placed staples on Patient C.B.’s incision. 12. Following a period in the Center's recovery area, Patient C.B. went home with instructions on her follow-up care, including an appointment with Respondent at 9:00 a.m. on January 17, 2003. 13. On or about January 16, 2003, Patient C.B. telephoned Respondent's office and advised that she was bleeding around her ankle. 14. Patient C.B. was told to apply a bandage and to see Respondent on the 17°", 15. On or about January 17, 2003, Patient C.B. presented to Respondent's office complaining of discomfort in her medial thigh. Respondent's associate noted that there was some slight swelling and erythema (abnormal redness of the skin), however the wounds were healed and there was no sign of infection. 16. On or about January 18, 2003, Patient C.B. contacted Respondent again complaining of tenderness or pain in her thigh area. 17. Respondent's examination of Patient C.B. at that time revealed an area that was red and tender for which she was directed to continue to apply warm compresses, keep the leg wrapped with an ace bandage and take naprosyn for the inflammation and Darvocet for pain. C.B. was also directed to see Respondent on the 20°. 18. On or about January 19, 2003, Patient C.B. presented to Naples Community Hospital (NCH) complaining of pain in her left thigh and leg. 19. Patient C.B. was treated by her attending physician and a second vascular surgeon. 20. Following an ultrasound that demonstrated no deep venous thrombosis, Patient C.B. was diagnosed with cellulites and thrombosis of the saphenous vein where the surgery was performed. 21. Patient C.B. responded to IV antibiotic treatment and was discharged on or about January 23, 2003. 22. On or about January 27, 2003, per discharge direction, Patient C.B. presented for a follow up ultrasound. 23. Her attending physician was notified by the radiologist of the suspicion of the presence of a foreign body within Patient C.B. at the prior surgical site. 24. Patient C.B. again presented and was admitted to NCH on or about January 27, 2003. 25. The second surgeon proceeded to performed surgery on Patient C.B. and removed two foreign bodies (one (1) catheter piece approximately 10 cm long and one (1) catheter piece approximately 5 mm long) from Patient C.B.’s previous surgical Jocation. 26. Patient C.B. was discharged from the hospital for the remainder of her recovery. 27. Section 456.072(1)(bb), Florida Statutes (2002), provides that “leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia, commonly used in surgical, examination or other diagnostic procedure” constitutes grounds for disciplinary action by the Board of Medicine. 28. Respondent failed to ensure that all foreign bodies, i.e. plastic tubing, sheaths, catheters, had been obtained prior to closing up Patient C.B.’s surgical case, thereby leaving two foreign bodies in the patient. 29, Based on the _ foregoing, Respondent violated Section 456.072(1)(bb), Florida Statutes (2002), by leaving a foreign body in Patient C.B. such as a sponge or other paraphernalia, commonly used in surgical, examination or other diagnostic procedure. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. Signed this LL _ day of Vane , 2004. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health Lynne A. Quimby-Perinock cet ven . Assistant General Counsel AINen, Qe ERR ah Florida Bar No.: 0394572 vere on ce DOH, Prosecution Services Unit a Ss 4052 Bald Cypress Way, Bin # C-65 oe - Tallahassee, FL 32399-3265 a 850.414.8126 Business 850.414.1991 Facsimile LAQF/rvt Reviewed and approved by: z2-_ (initials) & (date) PCP: 6/18/2004 PCP Members: g1-sahri, Patrowicz, Long DOH v. John Landi, M.D., Case # 2003-08827 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 04-002986PL