Oct 9 200? 14:27 OCT-@9-2087 14:53 AHCA P.a2 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO, 2006-16090' JACK J. COHEN, D.P.M., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigne counsel, and files this Administrative Complaint before the Board of Podiatric Medicine: against Respondent, Jack J. Cohen, D.P.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice o 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~ 1663 on August 26, 1985. 3. Respondent's address of record is Miami Foot and Ankle Center, 524 Arthur Godfrey Road, #204, Miami Beach, Florida 33140, “4. On or about May 27, 2003, Patient M.W, presented to Respondent complaining of painful bunions, hammertoes, and pain upon wearing shoes. Deparment of Health v. Jack J, Cohen, D.P.M. 1 Gase Number 2006-16090 Oct 9 200? 14:28 OCT-@9-2087 14:54 AHCA P.@3 5. On or about May 27, 2003, the Subject examined the patient and performed x-rays of the patient's feet. The Subject determined that surgery wa necessary for Patient M.W. 6. On or about May 29, 2003, Patient M,W. signed a document entitled: “Authorization for Minor Surgery”. The document authorized the Respondent to perform “Cutting of nail, bone, and soft tissue 1-5 R and L.” 7. On or about May 29, 2003, Respondent performed the following QSS@0US | (bone-related) procedures on Patient M.W.: a, Keller Mayo Bunionectomy, right foot. b. Partial excision of nail and matrix, right great toe. c. Osteotomy, proximal phalanx, right great toe. d. Correction, hammertoe, second toe, right foot. e. Correction, hammertoe, third toe, right foot. f. Correction, hammertoe, fourth toe, right foot. g. Resection phalangeal base, third toe, right foot. h. Resection phalangeal base, fourth toe, right foot. i. Keller /Mayo Bunionectomy, left foot. j. Osteotomy, proximal phalanx, left great toe k. Correction hammertoe, second toe, left foot. I, Correction hammertoe, third toe, left foot. m. Correction hammertoe, fourth toe, left foot. n. Resection, phalangeal base, fourth toe, right foot. Department of Health v. Jack J. Cohen. D.P_M. 2 Case Number 2008-16090 Oct 9 200? 14:29 OCT-@9-2087 14:55 AHCA P.a4 o. Correction cock-up, fifth toe, left foot. 8. On or about June 1, 2003, Patient M.W. presented to the Respondent for bandage change. 9. On or about June 1, 2003, the Respondent indicated in the. record o treatment that Patient M.W. “feels fine, no discomfort.” 10. On or about June 16, 2003, Patient M.W. presented to Respondent fo removal of sutures. 11, Respondent’s notes for the visits of June 22 through July 24, 2003, disclos that Patient M.W. was feeling fine and was complying with physical therapy. 12. Respondent's notes for June 22 through July 24 do not indicate any objective findings as to the post-operative status of the patient. | 13. On or about July 27, 2003, Patient M.W, presented to Respondent and. received injections of B12, Xylocaine, and Marcaine. The Respondent's notes indicate :; that the injections were for minor discomfort. 14. From on or about August 10, 2003, through on or about October 5, 2003, Respondent's notes reflect that Patient M.W. was complying nicely with physical therapy and making significant progress. 15, Respondent's notes for the visit of August 10, 2003, do not indicate where the injections were given, or the reason for the injections. 16. On or about November 2, 2003, Patient M.W. was seen for more * injections. Department of Health v. Jack J, Gohen, D.F.M. 3 Case Number 2006-16090 Oct 9 200? 14:29 OCT-@9-2087 14:55 AHCA P.@5 17. Respondent’s notes for the visit of November 2, 2003, do not indicate where the injections were given, or the reason for the injections. 18. On or about November 2, 2003, Patient M.W. was discharged from Respondent's care. 19. A reasonably prudent podiatrist would not have performed 14 osseous: procedures on a patient complaining of hammertoes and pain upon wearing shoes. COUNT ONE 19. Petitioner re-alleges and incorporates paragraphs 1-19 as if fully set forth’ in this count, ) ) 20. Section 461.013(1)(s), Florida Statutes (2003) provides that failing 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 condition and circumstances, is an act for which disciplinary action may be taken. , 21. 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 performing fourteen procedures on Patient M.W, on the same day; and/or b. By failing to indicate the location of the injections Respondent gave to Patien MW. 7 and/or ¢. By failing to make physical findings of Patient M.W’ condition following the . surgery. Department of Health v. Jack J, Cohen, D.P.M, 4 Case Number 2006-16090 Oct 9 200? 14:30 OCT-@9-2087 14:56 AHCA P.@6 22. Based on the foregoing, Respondent violated Section 461.013 (i)(s Florida Statutes (2003), by failing to practice podiatric medicine at a level of care, ski and treatment which is recognized by a reasonably prudent podiatric physician as heing' acceptable under similar conditions and circumstances. COUNT TWO 23. Petitioner re-alleges and incorporate paragraphs 1-19 as if fully set forth i this count. : 23, Section 461.013(1)(1), Florida Statutes (2003), provides that failing to: keep written medical records that justify the course of treatment of the ‘patient, isa act for which disciplinary action may be taken. 24. Respondent failed to keep written medical records justifying the course of: treatment of Patient M.W. in one or more of the following ways: . a. By failing to keep written medical records that justified why it, was necessary F to perform 14 osseous procedures on the same day; and/or b. By failing to keep written records indicating objective findings regarding the physical condition of the patient following surgery; and or | c. By failing to keep written records indicating the symptoms the injections of : Lidocaine, Marcaine, and B12 were intended to relieve; and/or d. By failing to keep written records indicating where the injections of Lidocaine, Marcaine, and B12 were given. Department of Health v. Jaek J. Cohen, D.P.M. 5 Case Number 2006-16090 Oct 9 200? 14:31 OCT-@9-2087 14:56 AHCA P.a? 25, Based on the foregoing, Respondent violated Section 461.013(1)(), Florida Statutes (2003), by failing to keep written medical records that justified ¢ course of treatment of M,W. WHEREFORE, the Petitioner respectfully requests that the Board of Podiat Medicine enter an order imposing one or more of the following penalties : permaneng revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent probation, corrective action, refund of fees billed or collected, remedial education: and/or any other relief that the Board deems appropriate. SIGNED this (Lth—day of Utd £ /_, 2007. Ana M, Viamonte Ros, M.D., M:P.R. Secretary, Department of a LO Wr. 5 Kanye E. Price PARTMENT Assistant General Counsel Citak. DEPUTY Sees oT DOH Prosecution Services Unit Florida Bar # 0850860 DATE “bb - OF 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 Voice (850) 245-4683 Fax PCP: March 29, 2007. ° PCP Members: Lf. conde Department of Health v. Jack J. Conan, D.P.M. 6 Case Number 2006-16080 Oct 9 200? 14:31 OCT-@9-2087? 14:57 AHCA P.@8 NOTICE OF RIGHTS Respondent has the right to request a hearing to be corsducted in; accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence ee 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. i 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 othe discipline imposed. , Department of Health v. Jack J. Cohen. D.F.M. Case Number 2006-16090

Docket for Case No: 07-004616PL