Feb 8 2006 15:16 Feb § 2006 16:16 P. O04 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-38155 RASHID TAHER, M.D. RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Rashid Taher, 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. At all times material to this Complaint, Respondent was 4 licensed physician within the state of Florida, having been issued license number ME 83085, Feb 8 2006 15:16 Feb § 2006 16:16 P.O5 3. Respondent's address of record is 100 NW 170% Street, Suite 301, North Miami Beach, Florida 33169. 4. Respondent is board certified in Ophthalmology 5. On or about October 22, 2004, Respondent preé-operatively diagnosed Patient G.S. with “Chronic pseudophakic maculaoff retinal detachment, right eye.” 6. — On or about October 22, 2004, Respondent scheduled Patient G.S., an 88 year old male for a: “Pars Plama Vitrectomy, membrane peel, endolaser, fluid gas exchange, right eye” 7. Respondent proceeded to perform a retrobuibar block on Patient G.S's left eye. 8. Respondent admitted that Patient G.s, reported to the surgical center and Respondent proceeded to block the left eye, 3. Respondent then reviewed his “notes & consent & determined that the right eye was also needing a retrobulbar block.” COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. Feb 8 2006 15:16 Feb § 2006 16:17 P. O06 11. Section 458.331(1)(t), Florida Statutes (2004), provides that gross or repeated malpractice or 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 failed to Practice medicine with that level of care, Skill, and treatment which is recognized by 4 reasonable prudent similar physician as being acceptable under similar conditions and circumstances, in that on or about October 22, 2004, Respondent performed eye surgery on Patient G.S, that had not been planned, 13. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2004), 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, Feb 8 2006 15:16 Feb § 2006 16:17 P.O? COUNT TWO 14. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth in this count. 15. Section 456.072(1)(aa) Florida Statutes (2004), provides that | performing or attempting to perform health care services on the wrang patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition constitutes grounds for discipline by the Board of Medicine. 16, Respondent performed surgery at the wrong site on or about October 22, 2004, when he performed a peribulbar block on Patient G.S/s left eye, 17, Based on the foregoing, Respondent has violated Section 456.072 (1)(aa), Florida Statutes (2004), by performing surgery on the wrong site on Patient G.S. 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 Feb 8 2006 15:16 Feb § 2006 16:17 P. 08 practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this Le day of 2005. John QO, Agwunobi, M.D., M.B.A.,M.P.H, secretary, Department of Health l “ip A. Quimby-Pénnock Assistant General Counsel DEPARTMENT: OF HEALTH DOH Prosecution Services Unit DEPUTY CLERK 4052 Bald Cypress Way, Bin C-65 CLERK NI trebles Colman Tallahassee, FL 32399-3265 850.410.0623 850.488.7723 FAX LAQP ‘ oo Reviewed and approved bi (initials) 2~ / 40> (date) Pep eS 22, 2005 PCP Members: zi-panri, patrowiez, Dyches Rashid Taher, M.D., Case No. 2004-38155 Feb 8 2006 15:17 Feb § 2006 16:17 P.09 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, OTICE REGAR G ASSESSMENT OSTS 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. Rashid Taher, M.D., Case No. 2004-38155

Docket for Case No: 06-000468PL