Mar 2 2006 9:41 Mar 2 2006 10:41 P. 02 we we STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. _ CASENO,: 2002-05513 EDWARD ST. MARY, M.D., RESPONDENT. ee af Ec 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, Edward St. Mary, 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 a licensed Physician within the State of Florida, having been issued license number ME 53713. 6938 6939 Mar 2 2006 9:41 Mar 2 2006 10:41 ‘we wr 37 Respondent’s address of record is 300 Michigan Avenue, Melbourne, Florida 32901. ) 4. Respondent is board certified in Orthopaedic Surgery. 5. Onor.about December 6, 2001, Patient D.P., a forty- three year-old female, was scheduled to undergo a dorsal cheilectomy of the left great toe at Melbourne Same Day Surgery in Melbourne, Florida. 6. Patient D.P. consented to the above-referenced surgical procedure. 7. Onor about December 6, 2001, Respondent performed a dorsal cheilectomy of Patient D.P.’s right great toe and injected depo- medrol into the metatarsophalangeal joint of Patient D.P.’s left great toe, ; 8. . Patient D.P.’s husband gave consent to the Respondent for the injection. Respondent obtained consent after he completed Patient D.P.’s dorsal cheilectomy of the right toe. COUNT ONE 9, Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. P.03 6940 Mar 2 2006 9:41 Mar 2 2006 10:42 10. Section 456.072(1}(aa), Florida Statutes (2001), provides that performing or attempting to perform a wrong-site procedure is grounds for disciplinary action by the Board of Medicina, ii. Respondent performed a dorsal cheilectomy of Patient D.P.'s right great toe instead of her left great toe. 12. Based upon the foregoing, Respondent has violated Section 456.072(1)(aa), Florida Statutes (2001), by performing or attempting to perform a wrong-site procedure on Patient D.P. . COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. ‘14. Section 458.331(1)(p), Florida Statutes (2001), 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. 15. Respondent performed a dorsal cheilactomy of Patient D,P.’s right great toe instead of her left great toe. At the time the dorsal cheilectomy was performed, Respondent had only obtained P. O04 6941 Mar 2 2006 9:41 Mar 2 2006 10:42 ‘ew , (owe! authorization to perform the procedure on Patient D.P.'s left great toe. 16, Based upon the foregoing, Respondent has violated Section 458.331(1)(p), Florida Statutes (2001), by performing professional services which were not authorized by the patient or her legal representative. WHEREFORE, the 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 the Respondent on probation, corrective action, refund of fees bilied or collected, remedial education and/or any other relief that the Board deems appropriate. P.O5 Mar 2 2006 9:42 Mar 2 2006 10:42 P. O06 a \/ SIGNED this _\4° day of Ws/ 2004. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health FILED DEPARTMENT OF HEALTH DEPUTY GLE RK Lbtthca COWL DOH, Prosecution Services Unit cue Ninn 4052 Bald Cypress Way, Bin C-65 oaTe__Sa\4=oCL Tallahassee, FL 32399-3265 Florida Bar # 0121347 (850) 414-8126 (85D) 414-1989 FAX Reviewed and approved by: by. _ (initials) Shela. (date) PCP; 14, 200+ PCP Meriibers: Gustave Leon, MD, Gheirpersen),Maduel Certo, McD. ond John Becke. DOH vs. Edward St. Mary, M.D., Case No. 2002-05513; 6942 Mar 2 2006 9:42 Mar 2 2006 10:42 P.O? \ nae! Nil 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. Edward St. Mary, M.D., Case No. 2002-05513 6943

Docket for Case No: 06-000760PL