May 4 200? 15:13 May 4 2007 15:13 P.05 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO.: 2004-42118 DAVID ALLEN HERF, 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 the Respondent, David Allen Herf, 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 43630. JAPSU\Medical\DPenton\+ DHP'sMEDICAL CASES\Herf, 04-421 18\ACanticoagsurgery.doc.doc mer Vis Pd May 4 200? 15:14 May 4 2007 15:13 P. O06 3. Respondent's address of record is 435 Brookemeade Drive, Crestview, Florida, 32539. 4, On or about November 15, 2004, Patient C.A. presented to the emergency room at North Okaloosa Medical Center (NOMC) with chest pain and gastric discomfort. 5. - On November 15, 2004, while in NOMC’s emergency room, Patient C.A. was started on various medications, including but not limited to Lovenox. 6. Lovenox is an anticoagulant agent or blood thinner used to prevent or treat blood clots. 7. After admission to NOMC on November 15, 2004, Patient CA. — was diagnosed with cholecystitis (inflammation of the galibladder). 8. On or about November 18, 2004, Respondent performed a laparoscopic cholecystectomy (surgery to remove the gallbladder) on Patient C.A, 9. Respondent did not issue orders to hold Patient CA's medication of the anticoagulant Lovenox prior to the surgery. 10. In addition, Respondent ordered the anticoagulant Heparin be administered to Patient C.A. while in the operating room. May 4 200? 15:14 May 4 2007 15:14 P.O? @ @ 11. Following the surgery on November 18, 2004, Respondent issued an order to resume pre op (pre operation/surgery) orders for Patient C.A., orders which included the administration of the anticoagulant Lovenox. 12, Respondent issued the order to resume pre op orders for Patient C.A, without following NOMC’s policy of completing a Medications Renewal form. | 13. Patient C.A. developed respiratory distress, post-operative bleeding, and hypotension (low blood pressure) following the cholecystectomy. 14. Patient C.A. subsequently. went into renal (kidney) failure, respiratory failure, and possible shock with thrombocytopenia (A condition in-which-there-is an-abnormaliy ‘small-number-of platelets in the circulating blood) caused by bleeding and a hypotensive (low blood pressure) episode. 15. | Onor about November 20, 2004, Patient C.A. was transferred to Fort Walton Beach Medical Center for further evaluation and-treatment. __46,. Section. 458.331(1)(t),Florida_Statutes..(2004), provides that the failure to practice medicine with that level of care, skill, and treatment May 4 200? 15:14 May 4 2007 15:14 P. 08 which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. 17, Respondent fell below the acceptable standard of care in one or more of the following ways: (a) (b) (c) (d) (e) By failing to carefully review and or properly address Patient CA's pre-operative medication orders which included the anticoagulant Lovenox prior to performing the surgery. By failing to carefully review and or properly address Patient C.A.'s pre-operative orders which included administration of the anticoagulant Lovenox prior to ordering a. renewal of those orders foliowing the surgery. By failing to follow hospital policy of having the physician complete the Medications Renewal form by checking off each medication as continued or discontinued and signing the form, By ‘not withholding the administration of the anticoagulant Lovenox for Patient C.A. prior to the surgery. By ordering the administration of the anticoagulant Heparin for Patient CA. during the surgery. May 4 200? 15:14 May 4 2007 15:14 P.09 6 ©@ (f) By renewing the anticoagulant Lovenox for Patient C.A. after the surgery. 18. Based upon the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2004), 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. 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 billet oF ‘collected; remedial education “and/or any other rélief that the Board deems appropriate. May 4 200? 15:14 May 4 2007 15:14 P.10 SIGNED this_// ~~ day of adeson bane _, 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health E H. Penton Assistant General Counsel Florida Bar # 0540080 DOH, Prosecution Services Unit LED 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALS Tallahassee, FL 32399-3265 oe DEPU (850) 245-4640 Telephone A a a . , . pate. IZA ove (850) 245-4681 Facsimile PCP: December 8, 2006 PCP Members: Ashkar Bearison Beebe May 4 200? 15:15 May 4 2007 15:14 P.11 DOH v. DAVID HERF, M.D., Case No. 2004-42118 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- Respondentin-addition to-any other discipline ‘imposed.

Docket for Case No: 07-001956PL