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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JOSEPH CHI, M.D., 07-002310PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-002310PL Visitors: 25
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: JOSEPH CHI, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami, Florida
Filed: May 22, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 24, 2007.

Latest Update: Dec. 24, 2024
May 22 2007 16:22 MAY-22-20H7 16:11 FL DEPT OF HEALTH S54 468 1855. P.@3-89 == = STATE OF FLORIDA ~~ DEPARTMENT OF HEALTH co 3 DEPARTMENT OF HEALTH, PETITIONER, v. | CASE NO. 2004-21937 JOSEPH CHI, 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, Joseph Chi, 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 57219. Department of Health v. Joseph Chi Case # 2004-21937 -1- May 22 200° 16:22 MAY-22-2687 16°11 FL DEPT OF HEALTH Ba 488 1855 P. 84/88 3. Respondent's address of record is 1210 NW 95" Street, Miami, FL 33147, 4. FM. began treating with the Respondent as his primary care physician on or about April 8, 2002. During this initial consultation, the Respondent ordered blood work for FM. and diagnosed him with hypertension. 5. FM. returned to the Respondent on or about May 10, 2002 for a recheck of his blood pressure. EM. was advised to return for an additional recheck of his blood pressure. 6. FM. was last seen by the Respondent on or about July 3, 2002, at which time FM.s blood pressure was again checked, 7. _F.M.’s diagnostic blood work revealed that FM. had an elevated Prostate Specific Antigen (PSA). These test results were placed in F.M.'s medical records but were never addressed .by the Respondent during his treatment of the KM. In addition, FM. was not advised of the results of his blood diagnostic testing or the elevated Prostate Specific Antigen (PSA). Department of Health v. Joseph Chi ; Case # 2004-21937 -2- May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@5-88 8. | FM. subsequently began treating with another physician who again conducted the PSA test as a part of M.'s blood work, which again revealed the elevated PSA levels on March 17, 2003. / 9. FM's subsequent treating physician referred FM. to a urologist who performed a radical perineal prostatectomy on or about July 27, 2003. The surgery was completed without complication or unexpected results, 10... Section 458.331(1)(t), Florida Statutes (2001), provides that gross and 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, constitute grounds for disciplinary action by the Board of Medicine. 11. Respondent did not practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under — similar circumstances, by one or more of the following: (a) Not advising F.M. of the abnormal PSA test and advising an appropriate course of treatment; Department of Health v, Joseph Chi Case # 2004-21937 - 3 - May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@688 (b) Not appropriately reviewing and monitoring the test results of F.M.; (c) Not referring F.M. to a urologist when the clinical data demonstrated that this referral was medically necessary. 12. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2003), 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, 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. Department of Health v. Joseph Chi Case # 2004-21937 - 4 - May 22 2007 16:23 MAY-22-2087 16:12 FL DEPT OF HEALTH 856 488 1855 P.@?/@8 SIGNED this _* ° day of — Ae 2006. M. Rony Francois, M.D., M.S.P.H., PhD. Secretary, Department of Health FILE OEPARTMENT =D DEPUTY CLERK oe : CLERK Ahouse Miluw~ DsRobert Swanson OATE 4. 2£-pbe Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0678597 (850) 245-4640 (850) 245-4680 FAX PCP: March 24, 2006 PCP Members: . El-Bahri and Tucker | Department of Health v. Joseph Chi Case # 2004-21937 . 5 - May 22 2007 16:23 MAY-2e-2aa? 16:15 FL DEPT OF HEALTH 856 488 1855 P.@888 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. Joseph Chi Case # 2004-21937 TOTAL FP. ae

Docket for Case No: 07-002310PL
Issue Date Proceedings
Sep. 24, 2007 Order Closing File. CASE CLOSED.
Sep. 24, 2007 Motion to Relinquish Jurisdiction filed.
Aug. 16, 2007 Corrected Notice of Taking Telephonic Deposition Duces Tecum filed.
Aug. 16, 2007 Notice of Taking Telephonic Deposition Duces Tecum filed.
Aug. 09, 2007 Order Re-scheduling Hearing (hearing set for October 2, 2007; 9:30 a.m.; Miami, FL).
Aug. 09, 2007 Joint Response to Order Granting Continuance filed.
Jul. 27, 2007 Order Granting Continuance (parties to advise status by August 13, 2007).
Jul. 26, 2007 Joint Motion for Continuance filed.
Jul. 24, 2007 Notice of Taking Deposition (of M. Schor, M.D.) filed.
Jul. 20, 2007 Notice of Taking Telephonic Deposition of Witness in Lieu of Live Testimony filed.
Jul. 20, 2007 Notice of Taking Telephonic Deposition Duces Tecum filed.
Jul. 13, 2007 Letter to Judge Sartin from D. Kiesling advising of correct Bar Number filed.
Jul. 05, 2007 Notice of Substitution of Counsel (filed by D. Kiesling).
Jun. 28, 2007 Joseph Chi, M.D.`s Objection to Petitioner`s Request for Admissions filed.
Jun. 04, 2007 Order of Pre-hearing Instructions.
Jun. 04, 2007 Notice of Hearing by Video Teleconference (hearing set for August 2 and 3, 2007; 9:30 a.m.; Miami and Tallahassee, FL).
May 31, 2007 Joint Response to Initial Order filed.
May 30, 2007 Respondent`s Notice of Serving Request for Production filed.
May 30, 2007 Respondent, Joseph Chi, M.D.`s Notice of Serving First Set of Interrogatories filed.
May 23, 2007 Notice of Serving Petitioner`s First Request for Discovery filed.
May 23, 2007 Initial Order.
May 22, 2007 Election of Rights filed.
May 22, 2007 Notice of Appearance (filed by D. Swanson).
May 22, 2007 Administrative Complaint filed.
May 22, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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