Aug 24 2006 14:53 AUG-24-2886 15:14 AHA P.@2 ry STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-68727 ROBERT M. CROPPER, D.P.M., RESPONDENT. MIN M T 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, Robert M. Cropper, 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 1426, on September 22, 1982. 3. ' Respondent's address of record is 7109 Curtiss Avenue, Sarasota, Florida . 34231-8012. 4, On or about December 22, 2003, Patient FD. presented to Coast Line Podiatry with complaints of pain in her right fifth toe. Department of Health vy. Robert Cropper, DPM 1 Case Number 2005-68727 2:\PSU\Nursing\Yolonda Green\Cases\Podiatry\Cropper.dec Aug 24 2006 14:53 AUG-24-2686 15:14 AHCA 5. Respondent examined and performed an x-ray on Patient FD.’s right fifth ‘ toe. 6. The examination revealed that ED. had hammer toe deformity, right fifth toe, and abscess. 7, Prior to December 22, 2003, Patient FD. had not reported a history of Pain in the right fifth toe. Respondent did not document a past history of complaints about the right fifth toe, prior treatment, or if there were aggravating factors. 8. On or about December 29, 2003, Patient FD. presented to Respondent and Respondent explained that he would perform a treatment of the painful hammer toe deformity, right fifth toe by cutting and removing the skin and bone. However, Respondent failed to document the office visit. 9. On that same day, Respondent instructed Patient FD. to sign the consent | form, which indicated that Patient ED. consented to the described procedure, 10. On or about December 30, 2003, Patient FD. underwent a derotational skinplastic right fifth, anthroplasty right fifth, and MP1 anthrotomy right fifth, all of which resulted in treatment of Patient FD/’'s hammer toe deformity right fifth toe. 11. Respondent failed to perform a post-operative examination of Patient EDs right fifth toe to examine the abscess. 12.) On or about January 2, 2004, Respondent performed a post-operative examination on Patient F.D.’s Tight fifth toe. During that examination, Respondent failed to examine the right fifth toe, abscess, Department of Health v. Robert Cropper, DPM 2 Case Number 2005-68727 J:\PSU\Nursing\Yolonda Green\Cases\Podiatry\Cropper.doc Aug 24 2006 14:59 AUG-24-2086 15:15 AHCA P.a4 . 13. On or about January 5, 2004, Patient FD. called Respondent with: complaints of pain which caused lack of sleep. Respondent prescribed Vicodin ES and Ambien for Patient FD. 14, On or about January 5, 2004, Respondent did not examine Patient ED. prior to prescribing the medication. 15. Vicodin is a Schedule II controlled substance under Section 893.03(2)(a)(1)(), Florida Statutes, has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and - abuse of the substance may lead to severe psychological or physical dependence. 16, Ambien is a sedative that helps to relieve insomnia (sleeplessness). 17. On or about January 6, 2004, Patient FD. contacted Respondent with complaints of pain which caused lack of sleep, 18. Respondent prescribed Percocet for Patient ED. to relieve the pain. Respondent did not examine Patient F.D. to determine if Patient FD. had developed an infection prior to prescribing the medication. 19. On or about January 7, 2004, Respondent examined Patient EDs right foot and noted swelling, redness and abscess. Patient ED. was admitted to Doctor's Hospital of Sarasota Same Day Surgery due to abscess, right lateral forefoot, and possible osteomyelitis, right foot. 20. On or about January 7, 2004, Respondent performed an incision and - drainage of the abscess, right foot. Respondent also administered antibiotics to Patient FD. intravenously post-operatively. Department of Health v. Robert Cropper, DPM 3 Case Number 2005-68727 J:\PSU\Nursing\Yolonda Green\Cases\Podlatry\Cropper.doc AUG-24-2086 15:15 Aug 24 2006 14:59 AHCA 21. On or about January 16, 2004, Patient FD, Presented to Dr. AK. Dr AK. examined Patient ED. and indicated that Patient ED, suffered from Post-operative wound infection secondary to methicillin-susceptible Staphylococcus aureus and’ methicillin-resistant Staphylococcus aureus. 22. On or about October 10, 2004, Patient ED, underwent reconstructive surgery on her right foot to correct the damage caused by Respondent. 23. Section 461.013(1)(s), Florida Statutes (2003), 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. 24, Respondent failed 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 in one or more of the following ways: (a) By prescribing medication for Patient F.D. post-operatively without examining Patient FD. for an infection prior to prescribing the medication; (b) By failing to document Patient F.D’s office visit on December 29, 2003; (¢) By failing to document whether Patient FD. had a Prior history of complaints or treatment of the right fifth toe. 25. Based on the foregoing, Respondent Violated Section 461.013(1)(s), Florida Statutes (2003), by failing to practice Podiatric medicine at the level of care, Department of Health v. Robert Cropper, DPM 4 Case Number 2005-68727 4:\PSU\Nursing\Yolonda Green\Cases\Podiatry\Cropper.doc Aug 24 2006 15:00 AUG-24-2086 15:15 AHCA skill, and treatment which is 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 and/or any other relief that the Board deems appropriate. SIGNED this _| lo day of ate ; , 2006. M, Rany Francois, M.D., M.S.PH., Ph. D. Secretary, Department of Health PCP: June 8, 2006 PCP Members: Price, Strickland sistant General Counsel B Yolonda Y. Green aps Prosecution Services Unit et Le a) 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 CEPARTENT OF HEALTH Florida Bar # 0738115 (850) 245-4640 VOICE oun Shino Millie (850) 245-4683 FAX OATE bo -(lb-O& Department of Heaith v, Robert Cropper, OPM 5 Case Number 2005-68727 J:\PSU\Nursing\Yolonda Green\Cases\Podiatry\Crapper.doc Aug 24 2006 15:00 AUG-24-2686 15:16 AHCA 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, Robert Cropper, DPM 6 Case Number 2005-68727 J:AAPSU\Nursing\Yolonda Green\Cases\Podiatry\Cropper.doc

Docket for Case No: 06-003227PL