Aug 21 2006 11:31 AUIG-21-2686 11:47 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-50611 BRETT CUTLER, D.P.M., RESPONDENT. / Vi PLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Podiatric Medicine against Respondent, Brett Cutler, D.P.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 461, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed podiatric physician within the state of Florida, having been issued license number PO 2940 on June 27, 2001. 3. Respondent's address of record is 105 Southpark Boulevard, Suite A-103, St. Augustine, Florida 32086. 4. On or about May 24, 2002, Patient L.A. initially presented to Respondent for diabetic evaluation and foot care. Department of Health v. Brett Cutler, DPM ] Case Number 2005-50611 J:\PS)\Allied Health\Kathryn Price\Podiatry\Pcp June 2006\Administrative Complaints\Cutler AC.doc Aug 21 2006 11:31 AUIG-21-2686 11:47 AHCA P.@3 ; 5. On or about May 24, 2002, Respondent performed a history and physical and took x-rays of L.A’s feet. | 6. The x-rays revealed normal bone structure. Respondent diagnosed L.A. with onychocryptosis (ingrown toenail), callous lesions, ball of the foot, bilaterally, and bone spurs in the hallux, bilaterally, L.A. was to return in one week for a phenol matrixectomy (correction of ingrown toenail), left hallux digit. 7, L.A. was again seen by Respondent on or about May 31, 2002, for an ingrown toenail. 8. On or about June 2, 2002, LA, presented to Respondent for follow-up of the phenol matrixectomy, Respondent prescribed Topamax 25mg, and L.A. was advised to follow-up on an as-needed basis. 9 Respondent's record of treatment for L.A. did not include notes of any further visits for L.A. for the period of June 3, 2002 through May 27, 2003. 10. On or about May 28, 2003, L.A. presented to Respondent with acute pain in the right ankle and an ulceration in the toe web of the right great toe, 11. Respondent diagnosed L.A. with Grade I ulceration, right hallux and posterior tibial tendonitis, right foot, 12. Respondent did not take x-rays of LA's feet during the visit on or about . May 28, 2003. 13. On or about June 3, 2003, L.A. presented to Respondent with complaints of continued pain in the right ankle area. Respondent's assessment was Achilles tendonitis right ankle. Department of Health v. Grett Cutler, OPM Case Number 2005-80611 > J:A\PSU\Allled Health\Kathryn Price\Podiatry\Pep June 2006\Administrative Complaints\Cutler AC.doc Aug 21 2006 11:32 AUG-21-2886 11:47 AHCA P.a4 14. On or about June 6, 2003, L.A. presented to Respondent with complaints of continued neuropathy pain. 15. Respondent did not address the Grade I ulceration, right hallux, or the. posterior tibial tendonitis, right foot, at the June 3, 2003 visit. 16. Respondent did not address the Grade I ulceration, right hallux or the. posterior tibial tendonitis, right foot, at the June 6, 2003 visit, 17. On or about June 9, 2003, L.A. presented to Respondent with complaints that a motorcycle had fatlen on him three days prior. 18. Respondent's assessment of LA. on or about June 9, 2003, was acute ankle sprain and acute Achilles tendonitis, right ankle, with possible stress fracture. 19. Respondent's notes reflect that an x-ray was taken of L.A.’s feet on June 19, 2003. However, the actual date on the x-ray was June 9, 2003. The notes from the : x-ray disclosed that there was no stress fracture. 20. From on or about July 8, 2003, until on or about August 28, 2003, Respondent treated L.A. for posterior tibial tendonitis. 21. On or about November 24, 2003, L.A. again presented to Respondent with . complaints of ulceration, right great toe. Respondent treated LA., and advised that he should return for a follow-up in one week. L.A, did not return for three weeks, 22. Respondent did not take any x-rays of L.A.'s feet on or about November | 24, 2003. 23. On or about February 13, 2004, L.A. presented to Respondent with acute pain in the great right toe. Department of Health v, Brett Culler, DPM 3 Case Number 2005-50611 J:\PSU\Allied Health\Kathryn Price\Podiatry\Pep June 2006\Administrative Complaints\Cutler AC.dac Aug 21 2006 11:32 AUG-21-2686 11:48 AHCA P.@S 24. Respondent took x-rays that revealed a mild chip fracture, distal aspect, right hallux digit. | 25. On or about March 29, 2004, LA. presented to Respondent with. complaints of continued ulceration on the distal aspect of the right great toe. The ulcer’. had increased significantly and there was localized erythema and serous drainage. Respondent provided caré and scheduled L.A for a follow-up appointment in one week. 26. L.A. did not return until on or about July 16, 2004. Respondent took an x ray that revealed that L.A. had possible osteomyelitis, 27. ‘The x-rays taken on or about July 16, 2004, did not reveal any evidence of . a chip fracture, as Respondent had indicated in the x-ray report of February 13, 2004. | 28. On or about July 23, 2004, L.A. presented to Respondent’s office with complaints of severe pain in the right great toe. L.A. was seen by Respondent's office . partner, 29. Respondent's office partner diagnosed LA. with osteomyelitis and hospitalized L.A. for treatment, 30. L.A. underwent amputation of the distal right phalanx of the right great *’ toe. 31. Section 461.013(1)(s), Florida Statutes (2003-2004), provides that gross - or repeated malpractice or the failure to practice podiatric medicine at a level of care, © skill and treatment which is recognized by a reasonably prudent podiatric physician as ; being acceptable under similar conditions and circumstances, is an act for which disciplinary action may be taken. Department of Health v. Brett Culler, DPM 4 Case Number 2005-50611 J:\PSU\Allied Health\Kathryn Price\Podlatry\Pcp June 2006\Administrative Complaints\Cutler AC.doc Aug 21 2006 11:32 AUG-21-2886 11:48 AHCA P.@6 32. Respondent practiced podiatric medicine below the level of care, skill, and ‘ treatment recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances in one or more of the following ways: | a. By failing to address the status of the ulceration during follow up visits; b. By failing to take an x-ray of LA. after an extended period of time between the visits of May 24, 2002, and May 28, 2003 ; GQ By failing to recognize the potential for a bone-related problem; d. By failing to recognize the need to take xrays to assess the status of . bone-related problems; e. By failing to promptly take x-rays after LA. complained of significant pain ; and the inability to apply pressure; 33. Based on the foregoing, Respondent violated Section 461.013(1)(s), Florida Statutes (2003), by failing to practice podiatric medicine below the level of care, skill, and treatment recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances. WHEREFORE, the Petitioner respectfully requests that the Board of Podiatric 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 billed or collected, remedial education Department of Health v. Brett Cutter, DPM 5 Case Number 2005-50611 J:\PSU\Allied Health\Kathryn Price\Podiatry\Pep June 2006\Administrative Complaints\Cutler AC.dee Aug 21 2006 11:33 AUIG-21-2886 11:49 AHCA and/or any other relief that the Board deems appropriate. SIGNED this [Wasay of CHM , 2006. M. Rony Francois, M.D., M.S.P:H., Ph. 4 Secretary, Department of Heal FILED By; Kathryn E. Price’ alee GusneheTH Assistant General Counsel CLERK mM DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 CATE e-1b-O& Tallahassee, FL 32399-3265 Florida Bar # 850860 (850) 245-4640 VOICE (850) 245-4683 FAX PCP: June 8, 2006 PCP Members: Price, Strickland 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. Department of Health v, Brett Cutler, DPM 6 Case Number 2005-50611 J:\PSU\Allied Health\Kathryn Price\Padlatry\Pcp June 2006\Administrative Complaint=\Cutler AC.dor

Docket for Case No: 06-003042PL