Dec 17 2007 15:32 Dec 17 2007 16:33 P.03 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, W CASE NO.: 2005-06258 CELINA POY-WING, M.D., ; RESPONDENT, ee 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, Celina Poy-Wing, 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 41607, Dec 17 2007 15:33 Dec 17 2007 16:33 P. O04 3. Respondent's address of record is 817 South University Drive Suite 100A, Plantation, Florida 33324. 4, On or about May 21, 1998, Patient PR. a 40 year-old female presented to Respondent for a liposuction procedure. 5. Respondent performed a fiposuction of the upper and lower abdomen, flanks and back. 6. The removal of 3600. ml of fat from the abdomen, flanks and back from a female weighing 163 pounds constitutes over-resection of fat during liposuction. 7. Asa result of the over-resection of fat during the liposuction procedure, and a subsequent misdiagnosis of a post-operative infection, the patient suffered from pain, unanticipated scarring, and discoloration. 8. Medical records maintained by Respondent do not include documentation of the history, physical examination, or narrative of the procedure. | COUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) ‘through eight (8) as if fully set forth herein. Dec 17 2007 15:33 Dec 17 2007 16:33 P.O5 10. Section 458.331(1)(t), Florida Statutes (1998), 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 care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. 11, Respondent failed 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 by removing 3600 ml of fat from the abdomen, flanks and back of a 40 year-old female weighing 163 pounds and by failing to appropriately diagnose post-operative infection, 12. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (1998), 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. Dec 17 2007 15:33 Dec 17 2007 16:33 P. 06 COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through eight (8) as if fully set forth herein. : 14. Section 458.331(1)(m), Florida Statutes (2004), 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 history; examination results; test results; records of drugs prescribed, dispensed, or administered; reports of consultations and hospitalizations. 15. Respondent failed to maintain appropriate medical records justifying and detailing the course of Patient P.R.’s medical treatment wherein Subject removed 3600 mi of fat from the abdomen, flanks and back of a 40 year-old female weighing 163 pounds, . 16. Based on the foregoing, Respondent . has violated Section 458.331(1)(m), Florida Statutes (2004), by failing to maintain medical ‘records justifying the course of Patient P.R.’s medical treatment. Dec 17 2007 15:33 Dec 17 2007 16:34 P.O? 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 ary other relief that the ~~ Board deems appropriate. _ SIGNED this 2 bh day of Ay 4g ; 2006. M. Rony Francois, M.D., M.S.P.H., Ph. D. Secretary, Department of Health Li-Z--———— Warren James Pearson HEALTH DEPAPUTY g ' RK. Assistant General Counsel CLERK 0 DOH Prosecution Services Unit DATE 212 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 0711578 (850) 245-4640 (850) 245-4681 FAX Reviewed and approved by: (initials) (date) ‘PCP! suly 28, 2006 PCP Members: 51-panri, Tucker, Long Dec 17 2007 15:33 Dec 17 2007 16:34 P. 08 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 any other discipline ‘imposed.

Docket for Case No: 07-005690PL