STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2003-20649 DEAN C. LOHSE, M.D., 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 the Respondent, Dean C. Lohse, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. ~ 2. Atall times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 38211. £T/S8"d HOHH cH:6T Se@e-Te-Ond os:6 $00z Ts Bny 3. Respondent's address of record is 4063 Salisbury Road, Suite 210, Jacksonville, Florida 32216. 4, Respondent is board certified in Neurological Surgery. 5, Onor about May 11, 2001, Patient JA, a fifty-seven year old male, underwent an anterior cervical diskectomy and fusion of the C4, C5, C6, and C7 vertebra at Memorial Hospital Jacksonville, in Jacksonville, Florida. 6. Patient JA consented to the above-referenced surgical — procedure. 7. Onor about July 11, 2001, at a surgical follow-up ) appointment, Respondent reviewed Patient JA‘s post-surgical x-rays. 8. Patient JA‘s x-rays revealed a fusion of the C5, C6, C7, and Ti vertebra and not the C4, C5, C6, and C7 vertebra. 9. Respondent did not have consent from Patient JA to perform an anterior cervical diskectomy and fusion of the C5, C6, C7, and T1 vertebra. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through (9) as if fully set forth herein. ETL-o8"d OHH cH:6T Se@e-TE-Ond os:6 $00z Ts Bny 11. Section 458.331(1)(t), Florida Statutes (2000), provides that the failure 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 constitutes grounds for disciplinary action by the Board of Medicine. 12. Respondent fell below the acceptable standard of care by performing an anterior cervical diskectomy and fusion of Patient JA’s C5, C6, C7, and T1 vertebra instead of the authorized anterior cervical diskectomy and fusion of C4, C5, C6, and C7, 13. Based upon the foregoing, Respondent has violated Section 458.331(1)(b, Florida Statutes (2000), 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 TWO 14. Petitioner realleges and incorporates paragraphs one (1) through (9) as if fully set forth herein. eTvea'd QOHY EE:BT ShBe-TE- os:6 $00z Ts Bny ae 15. Section 458.331(1)(p), Florida Statutes (2000), provides that performing professional services which have not been duly authorized by the patient or client, or his or her legal representative is grounds for disciplinary action by the Board of Medicine. 16. Respondent performed an anterior cervical diskectomy and fusion of Patient JA’s C5, C6, C7, and T1 vertebra instead of the authorized anterior cervical diskectomy and fusion of C4, C5, C6, and C7. 17. Based upon the foregoing, Respondent has violated Section 458.331(1)(p), Florida Statutes (2000), by performing professional services which were not authorized by the patient or his legal representative. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. £1/88"d QOHY EE:BT Se@e-Te-Ond Ts:6 9S007% Te 6ny SIGNED this _/° 2004. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLER DATE tet day of Gert enn ban John ©. Agwunobi, M.D., M.B.A. Secretary, Department of Health Wounr6 HA ‘ Bolan. Maura M. Bolivar Assistant General Counsel Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 ‘Tallahassee, FL 32399-3265 Florida Bar # 0295840 (850) 414-8126 (850) 414-1989 FAX Reviewed and approved by: JA _ (initials) § [ear (date) PCP: September to, 2004 PCP Members: Fuad Ashkar, mb. Chairpersen), Mammen Zachar ah, M-D.,omd John Beebe DOH vs. Dean C. Lohse, M.D., Case No, 2003-20649 £1/68"d Ts:6 9S007% Te 6ny HOH fA:@T SeBe-TE-ONd 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. DOH vs. Dean C. Lohse, M.D., Case No. 2003-20649 ET-BT"d QOHY EE:BT Se@e-Te-Ond To:6 =©6g00z Te Bny

Docket for Case No: 05-003158PL