STATE OF FLORIDA DEPARTMENT OF HEALTH | | DEPARTMENT OF HEALTH, Lr 43 I" PL PETITIONER, : = v. CASE NO. 2006-03225 C ( RESPONDENT. rr | TERRY D. KOUBEK, M.D., | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and trough its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Terry D. Koubek, 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 ME43982. bO‘d 6p-pl £002 €2 sew OS:pl 200z £2 few 3. Respondent's address of record is Ato Monaco Drive Indialantic, FL 32903. . 4. Respondent is board certified in Radiology. 5. Onor about May 18, 1998, Patient K.M., a then thirty-four year old, male, heavy-smoker, received a portable anterior-posterior (front- back) chest x-ray at Palm Bay Community Hospital (PBCH) in Palm Bay, Florida that the interpreting radiologist at the time concluded was hormal. 6. On or about November 8, 2000, Patient K.M. received a posterior-anterlor (back-front) and left lateral (side) chest x-ray at PBCH. Respondent was the interpreting radiologist. He interpreted these x-rays as normal. | 7. On or about November 17, 2000, additional chest x-rays were taken of Patient K.M. at PBCH. A different radlologist interpreted these and compared them to the November 8, 2000 x-rays. He observed linear densities at the lung bases consistent with either scarring or atelectasis (partial or complete collapse of lung) as well as a lobulated density at the right apex (a round mass at the highest point of the lung). The same radiologist also noted that the lobulated mass was present on the May 18, $0°d 6p: Pl £002 €2 ew OS:vT 2007 ¢z few 1998 x-ray. He documented his findings, notified emergency room staff of the findings and recommended follow-up care. 8. The aforementioned lobulated mass was visible | on the November 8, 2000 x-rays, however Respondent failed to) see it. Alternatively, if Respondent saw it, he failed to document his findings and report them to K.M.'s treating physician(s). 9. Subsequent studies performed on K.M. in October 2003 revealed that he was suffering from cancer in his right lung which is likely | terminal. He began chemotherapy in November 2003. 10. Section 458. 331(1)(t), Florida Statutes (2000), provides that gross or repeated malpractice or the failure to practice medicine] with that - level of care, skill, and treatment which is recognized by a 1 asonably prudent similar physician as being acceptable under similar conditions and circumstances is grounds for discipline by the Board of Medicine. | 11. On or about November 8, 8, 2000, Respondent failed i practice medicine with that level of care skill which is recognized by a reasonably prudent similar physician as being acceptable under similar confitions and circumstances by not seeing the lobulated mass present at K.M.’5 right. lung 30°d 6ppi 2002 €2 MEW OS:VI 2002 $7 few apex or, if he saw it, by not documenting his findings and reporting its presence to K.M.'s treating physician(s). | 12. Based on the foregoing, Respondent has violated Section | | | 458.331(1)(t), Florida Statutes (2000). WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the folowing penalties: 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 §¢C-_ day of (Deca ew |, 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health Don Freeman - Assistant General Counsel ___..... .DOH-Prosecution. Services Unit. 4052 Bald Cypress Way-Bin C-65 _ Jallahassee,-Florida- 32399-3265 Florida Bar # 736171 _ 8 50)-245-4640—_——- (850) 245-4681 fax PCP: December 8, 2006 PCP Members: Ashkar, Bearison, & Beebe 4 40‘d OS:pl 2002 €2 Mew OS:pT 200% ¢z few 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. 80d OS:pl 2002 €2 “ew TS:pT 2002 $2 few

Docket for Case No: 07-002319PL