Jan 28 2008 11:09 Jan 28 2008 11:07 P.0d STATE OF FLORIDA DEPARTMENT OF HEALTH © DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2003-16711 SON LAM CHAU, 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, Son Lam Chau, M.D. and thereof alleges: in support 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 13256. tO. Co Jan 28 2008 11:09 Jan 28 2008 11:08 P.O5 ~ ~ _ 3. Respondent’s address of record is 1287 N. Semoran Blvd., Suite 200, Orlando, FL 32807. , 4. On or about October 5, 1999, Patient C.B, a then sixty-two (62) year-old chronically il] woman, was referred by her primary physician to the emergency room of Orlando Regional Medical Center C‘ORMC”) in Orlando, Florida because of weakness, shortness of breath (“SOB”), abdominal pain and vomiting and loose stools of approximately two months duration. 5. On or about October 5, 1999, Respondent examined Patient C.B, at ORMC. During this éxamination, Respondent noted Patient C.B.’s extensive medical history and diagnosed her with dehydration, hypotension (low blood pressure), anemia (red blood cell deficiency), persistent nausea and vomiting and hypokalemia (potassium deficiency). . 6. Based on the foregoing, Respondent admitted Patient C.B. to ORMC. Upon C.B’s admission, Respondent ordered (among other things): a consultation with a gastrointestinal specialist, intravenous fluids, potassium replacement therapy, a stool study to rule our | infectious diarrhea, a thyroid study, a chest x-ray, and urinalysis. 7. At the time Patient C.B, was admitted to ORMC, she did not exhibit the common symptoms of a urinary tract infection (UTI), including Jan 28 2008 11:09 Jan 28 2008 11:08 P. O06 nd ad dysuria (difficult or painful urination), urinary urgency or frequency, vaginal discharge or bleeding. 8. Notwithstanding Patient C.B’s presentation, the level of care, skill, and treatment recognized by reasonably a prudent similar, physician as being acceptable under conditions and circumstances similar to those existing in this case required Respondent to eliminate infectious’ etiologies as a possible source of Patient C.B.'s symptoms and complaints, This he could have accomplished, in part, by reviewing the results of the tests he ordered on October 5, 1999. . 9. The results of the urinalysis Respondent ordered on October 5, 1999 were complete and available either over the phone or in ORMC’s computer system by 6:41 p.m. the same day. 10. These urinalysis results revealed the presence of bacteria and white blood cells indicative of a UTI. 11. Though they were available as early as 6:41 p.m. on October 5, 1999, Respondent did not obtain or attempt to obtain the results of the aforementioned urinalysis prior to examining Patient C.B. during rounds on October 6, 1999. 12. Between October 5 and October 7, 1999, Patient ¢.B.’s UTI went undiagnosed and untreated by Respondent. ‘Respondent did not Jan 28 2008 11:10 Jan 28 2008 11:08 P.O? eee! Nair obtain the urinalysis results and begin treating Patient C.B. for her UTI until October 7, 1999. , 13, On October 7, 1999, Respondent ordered a urine culture which, on October 9, 1999, revealed that Patient C.B. had an E. coli infection in her urinary tract. £, coli is a bacteria that causes illness in humans. 14. Patient C.B. had complained of SOB on October 5, 1999. The level of care, skill, and treatment recognized by a reasonably prudent similar physician as being acceptable under conditions and circumstances similar to those existing in this case required Respondent to try to identify, and if possible treat, whatever was causing Patient C.B.’s SOB as quickly as possible. This included timely obtaining the results of the chest x-ray he ordered on October 5, 1999, 15. The aforementioned chest x-ray was read by a radiologist at ORMC at approximately 10:42 a.m. on October 6, 1999. 16. This xray revealed a probable right middle lobe infiltrate (abnormal substance in the tissue of the right lung), a finding indicative of respiratory illness, 17. Respondent obtained the results of the aforementioned chest x-ray on October 7, 1999 and began to treat Patient C.B.’s respiratory Jan 28 2008 11:10 Jan 28 2008 11:08 P. 08 iliness the same day. Respondent did not take steps to obtain the Xray resuits earlier, though they were available on October 6, 1999. 18, Between October 5 and October 7, 1999, Patient C.B’s respiratory illness went undiagnosed and untreated by Respondent. 19. Patient C.B.’s condition began to deteriorate on October 7, 1999. Over the next several days she experienced septic and cardiogenic shock which led to multiple organ failure and, ultimately, her death on October 14, 1999. Septic shock is caused by infection. Cardiogenic shock is inadequate blood circulation resulting from heart failure. 20. Section 458.331(1)(t), Florida Statutes (1999), 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 reasonably prudent similar physician as being acceptable under similar conditions and circumstances is grounds for discipline by the Board of Medicine. 21. 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 in one or more of the following ways: a). by failing to obtain the results of the urinalysis he ordered on October 5, 1999 prior to examining Patient C.B. on October 6, 1999: Jan 28 2008 11:10 Jan 28 2008 11:09 aoe “4 P.09 b). by waiting until October 7, 1999 to obtain the results of the chest x-ray he ordered on October 5, 1999 when they were available on October 6, 1999, 22. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (1999), WHEREFORE, the Petitioner respectfully requests Board of Medicine enter an order imposing one or more of the that the following penalties: 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 _|(* day of Mot | , 2007. Ana M. Viamonte Ros, M.D., M. Secretary, Department of Healt! DEPARTMENT OF WEALTH Don Freeman Gi . CLERK. a ay Ol Assistant General Counsel DATE, eo DOH-Prosecution Services Unit Florida Bar # 736171 (850) 245-4640 PCP: Mey (i, aoe") (850) 245-4681 fax PCP Members: Aster, Rabe, CA no 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida: 32399-3265 Pi. Jan 28 2008 11:10 Jan 28 2008 11:09 P.10 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 Baard 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.

Docket for Case No: 08-000501PL