Jul 11 2006 10:39 Jul 11 2006 10:37 P.O5 New” ene = be) STATE OF FLORIDA aes DEPARTMENT OF HEALTH 3 DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2001-13824 TIMOTHY 6. ALLISON, 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 Respondent, Timothy B. Allison, 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 70812, Jul 11 2006 10:39 Jul 11 2006 10:37 P. 06 ‘= ‘ewer 3. Respondent's address of record is 134 Ocean Pines Terrace, Jupiter, Florida 33477. 4. Respondent is board certified in emergency medicine. 5. On or about June 4, 1999, Patient E.C, a seventy-four (74) year old male, presented to the emergency department at Memorial Hospital-Ormond Beach (MHOB) with complaints of bleeding from his left ear associated with tinnitus (ringing in the ear) and pain. He also gave a history of atrial fibrillation and taking Coumadin, which was to prevent blood clotting near his heart. 6. At triage, Patient E.C. had a blood pressure of 134/66, pulse rate of 114, and a respiratory rate of 25. 7. Patient E.C. was diagnosed with Coumadin toxicity (over anti- coagulation with Coumadin). . 8. The night shift emergency physician evaluated and determined that Patient E.C. was no longer bleeding from the left ear. However, Patient E.C. did have a significant derangement of his clotting parameters with a ProTime greater than 200. Patient E.C.’s hemoglobin and hemocrit readings were below normal limits. These test results were indicative of over-anticoagulation problems, Jul 11 2006 10:39 Jul 11 2006 10:37 P.O? nd nd 9. The initial E.R. physician and the patient's primary care physician planned to admit Patient E.C. to the hospital for the administration of six (6) units of FFP (fresh, frozen plasma). 10, Patient E.C. executed a consent for blood transfusion therapy for the FFP, 11. On or about June 4, 1999, at approximately 7:00 a.m., Respondent replaced the night shift emergency physician and examined Patient E.C. | 12. Respondent consulted with Patient E.C’s family physician who had ordered six (6) units of FFP. 13. Patient E.C.'s family physician also requested that an ENT (ear, nose, and throat) specialist see Patient E.C. in consultation. 14. Respondent, apparently in consultation with the ENT, made the decision that Patient E.C. did not require six (6) units of FFP. 15. Patient E.C. was given 20 ma. of Vitamin K by injection. 16. Patient E.C. was discharged to be followed by the patient's family physician as an outpatient. | 17, Respondent also recommended that Patient E.C. not take the next two (2) doses of Coumadin. Jul 11 2006 10:39 Jul) 11 2006 10:38 P. 08 ‘aes? 18. On or about June 4, 1999, at approximately 1:30. p.m., Patient E.C, collapsed at home with a spontaneous cerebral hemorrhage. 19. Patient E.C. was emergently transferred back to MHOB and seen again by Respondent. 20. At approximately 3 p.m.,, a CT scan of Patient E.C’s head was performed. - 21. The radiologist’s report stated that: a large fluid collection is noted in the subdural area of the right hemisphere with some mass effect and midline shift. Edema is also present posteriorly. Some blood collection is also seen on the left side. 22. Respondent's impression of Patient E.C. was of an acute subdural hematoma and Coumadin toxicity. 23. Respondent ordered the administration of approximately four (4) units of FFP to Patient E.C. 24, On or about June 4, 1999, Patient E.C. was admitted to: Halifax Memorial Hospital and placed in the Intensive Surgical Care Unit. 25. On or about June 6, 1999, Patient E.C. was clinically brain dead. Jul 11 2006 10:39 Jul) 11 2006 10:38 P.09 al a! COUNT ONE 26. Petitioner realleges and incorporates paragraphs one (1) through twenty-five (25) as if fully set forth herein. 27, Section 458,331(1)(t), Florida Statutes (1999), 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. 28. 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 one or more of the following ways: a) _ failing to order or failing to ensure the administration of FFP to Patient E.C. as initially ordered by the first emergency room physician; b) failing to admit Patient E.C. to the hospital ; ¢) inappropriately discharging Patient E.C. home without an adequate work-up; Jul 11 2006 10:40 Jul 11 2006 10:38 P.10 Nae’ ‘wee’ d) altering Patient £.C.’s treatment plan of the first emergency room doctor concerning the administration of the FFP without adequate justification; and/or e) failing to consult with or order a consultation: with a hematologist on Patient E.C. 29. Based on the foregoing, Respondent has violated ‘Section 458.331(1)(t), Florida Statutes (1998), 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 30. Petitioner realleges and incorporates. paragraphs one (1) through twenty-five (25) as if fully set forth herein. 31. Section 458.331(1)(m), Florida Statutes (1998), sets forth grounds for disciplinary action by the Board of Medicine for failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each Jul 11 2006 10:40 Jul) 11 2006 10:38 P.11 diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed,. dispensed, or administered: and reports of consultations and hospitalizations. 32, Respondent failed to justify the course of Patient E.C/s medical ‘treatment by failing to document in the record why Respondent altered the “treatment plan of the first E.R. physician, why he failed to ensure the administration of the FFP and/or why he discharged Patient E.C. instead of admitting him to the hospital as initially ordered. | . 33. Based on the foregoing, Respondent has violated Section 458,331(1)(m), Florida Statutes) (1999), by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is.or are responsible for rendering, ordering, “supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. Jul 11 2006 10:40 Jul) 11 2006 10:38 P.12 nd nd 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, refund of fees billed or collected, remedial education and/or any other relief that the . Board deems appropriate, He SIGNED this _/3—~ day of Wr 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health FILED OEPARTMENT OF HEALTH DEPUTY CLERK Assistant General Counsel CLERK Jheacs a TM. DOH Prosecution Services Unit | a od OS 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar #0394572 850.245.4640, ext. 8154 Phone 850.245.4681 FAX LAQP:plp PCP: 03,10,06 PCP Members: Ashkar, Avila, Beebe Timothy B, Allison, M.D. DOH Case Number 2001-13824 Jul 11 2006 10:40 Jul 11 2006 10:39 P.13 we Nee! Timothy B. Allison, M.D. DOH Case Number 2001-13824 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: 06-002416PL