Ja Jan 29 2007 10:28 n 29 2007 11:29 | STATE OF FLORIDA = DEPARTMENT OF HEALTH -2 | Pm) Pe DEPARTMENT OF HEALTH, = PETITIONER, | . ~ Vv. | CASENO.: 2004-34261 & Fy Ot JAVIER PEREZ-FERNANDEZ, M.D., : 52 | é. RESPONDENT, | = Hy & 3 ISTRATIVE CO INT A COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Rebpondent, Javier Perez-Fernandez, M.D and in suppor thereof alleges: Petitioner is the state d epartment charged with regulating the 1. practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 2. At ail times material | 458, Florida Statutes. to this Complaint, Respondent was a number ME 82410. JAPSU\Medical\livingston\ac’s\Perez-t,m.dot licensed physician within the State of Florida, having been issued license Jan 29 2007 10:28 Jan 29 2007 11:29 P. O04 3, Respondent's address Gf record is 7000 SW 62™ Avenue, Suite 201, South Miami, Florida 33414. 4. Respondent is board certified in Internal Medicine and Pulmonary Disease. 5. Onor about January 4, with a history of smoking and 2002, Patient M.S., a 47 year-old male, two recent episodes of pneumonia, presented to Respondent for an evaluation as requested by Patient M.S. primary ‘care physician. Patient M.S also had tested positive for tuberculosis when he was a child. | 6. On or about January 4, 2002, Respondent examined Patient M.S. and ordered a chest x-ray, Which revealed right lower lobe infiltrate with an enlarged hilar (at the level and 5" dorsal vertebrae) area. of the root of the lungs between the 4" 7, Onor about January 4, 2002, Respondent ordered Patient M.S. to undetgo a computerized tomography (CT) scan of the chest and sent him home with instructions to obtain sputum samples to take to the hospital. 8. On or about January 4, 2002, Respondent, failed to list lung cancer as a differential diagnosis for Patient M.S. given his history and JAPSU\Medical\livingston\ac’s\Perezst,m.dot Jan 29 200? 10:29 Jan 29 2007) 11:29 P.O5 @ : e presentation. He also failed to order a complete blood count, HIV testing or immune work up on Patient MS, 9, On or about January Js 2002, Patient M.S. presented to Fisherman’s Hospital in Marathon, Florida, for a chest CT scan, which revealed a 2.5 cm, mass involving the right hilar region of the right lung. 10. The Respondent did fot follow up (i.e. timely address) the January 28, 2002, CT scan of Patient M.S/5 chest or follow-up (i.e. timely address) thé sputum samples he instructed Patient M.S. to obtain. 11. In or about October of 2002, Patient M.S. was diagnosed with non-small cell cancer of the right hung. 12, On or about July 6, 2004, Patient M.S, expired. 13. An autopsy revealed jthat Patient W.K. expired from acute i respiratory failure due to complications of lung cancer. COUNTONE 14. Petitioner realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. , 15. Section 458.331(1)(t), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Medicine for gross or repeated malpractice or the failure to practice medicine with that level of JAPSU\Medicaivingston\ae's\Perez-t,m.dot Jan 29 200? 10:29 Jan 29 2007 11:30 P. O06 @ | @ care, skill, and treatment which s recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, | 16. Respondent failed to | ractice 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 by one or more of the following: a. Failing to list lung cancer as a differential diagnosis given Patient M.S.’ histary and presentation; b. — Failing to order a complete blood work up, HIV testing or immune work up on Patient M.S.; c. Failing to follow up (i.e. timely address) the January 28, 2002, CT scan results given the abnormal chest x-ray for Patient M.S. 17. Based on the foregoing,’ Respondent has violated Section 458.331(1)(0, Florida Statutes (2001), 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. JAPSU\Medical\livingston\ac's\Perez-t,m,dot i 4 Jan 29 200? 10:29 Jan 29 2007) 11:30 P.O? COUNT Two 18. Petitioner realleges and incorporates paragraphs one (1) through thirteen (14) as if fully set forth herein. 19, Section 458.331(1)(m), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Medicine for failing to keep legible medical records 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. | 20. Respondent failed to justify the course of Patient M.S’s medical treatment by failing to document one or more of the following: a. A differential diagnosis of lung cancer for Patient M.S. given his presentation and history, b. Justification for failing to order a.complete blood work up, HIV testing or immune work up on Patient M.S.; c. Justification for failing to follow up (i.e. timely address) the January 28, 2002, CT scan given the previous abnormal chest x-ray for Patient M.S. 21. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2001), by failing to justify the course of Patient M.S.’s medical treatment. | JAPSUN\Medical\livingston\ae's\Perez-t.m.dot 5 Jan 29 200? 10:29 Jan 29 2007 11:30 P. 08 eo , @ 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 billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this __% _ day of Do ol , 2005¢ | M. Rony Francois, M.D., M.S.P.H., Ph.D Secretary, Department of Health DEPARTMENT OF HEALTH - : mm Ephraim D, Livingston CLERK He a me assistant General Counsel cate ee DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0121347 (850) 245-4640 EDL:pdt (850) 245-4681 FAX { PCP: March 24, 2006 PCP Members: — El-Bahri.& Tucker i I | i JAPSUN\Medical\livingston\ac's\Perez-t,m.dot 6 Jan 29 200? 10:30 Jan 29 2007 11:30 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, | NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on ngtice 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 any other discipline imposed. “4 JAPSU\Medicallivingston\ac's\Perez-tm.dot

Docket for Case No: 07-000487PL