Mar 12 2008 11:51 Mar 12 2008 10:51 P. 02 ~ ww STATE OF FLORIDA ! DEPARTMENT OF HEALTH | DEPARTMENT OF HEALTH, | PETITIONER, | v. CASE NO.: 2003-21882 MIGUEL ANGEL ACEVEDO-SEGUI, M.D., RESPONDENT. | INISTRATIVE COMP T 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, Miguel Angel pcevedo-Sequi 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 72458, . | Mar 12 2008 11:51 Mar 12 2008 10:52 P.03 Sue | ‘aie 3. Respondent's address of record is 1051 Winderley Place, Suite 103, Maitland, Florida 32751. | 4, Respondent is board certified in Emergency Medicine. 5, On or about December 30, 1999, Patient D.G., a 45 year-old male with a history of obesity and non-insulin dependant diabetes mellitus, presented to the emergency department at Florida Hospital East in Orlando complaining of intermittent, dull chest pain. | 6. The Respondent was the attending emergency room physician at Florida Hospital East. : 7. Onor about December 30, 1999, Respondent ordered a chest x-ray and an electrocardiagram (ECG). The chest x-ray revealed mild cardiomegaly with no acute changes and the Respondent interpreted the ECG as normal sinus rhythm. : 8. The Respondent did not order cardiac enzyines, cardiac consultation, a stress test, or an echocardiogram for Patient DG. 9. The Respondent diagnosed Patient D.G. with acute chest pain and after 2 % hours of observation discharged the patient home with a prescription for pain medication and recommended that he consult with his primary care physician within 3 - 5 days. Mar 12 2008 11:52 Mar 12 2008 10:52 P. O04 ~ og 10. On or about January 2, 2000, Patient D.G. returned to the Florida Hospital East emergency room complaining of chest pain. 11, The emergency room physician ordered an ECG, which demonstrated a myocardial infarction and cardiac enzymes were markedly elevated. | 12. Onor about January 2, 2000, Patient D.G. was admitted to the hospital for cardiac catheterization, which revealed severe coronary artery disease. | 13. On or about January 2, 2000, Patient D.G. underwent an emergency coronary artery bypass grafting. ! 14. On or about January 10, 2000, Patient D.G. was discharged from the hospital to his home. | COUNT ONE | 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. . 16. Section 458.331(1)(t), Florida Statutes (1999), st forth grounds for disciplinary action by the Board of Medicine for gross or repeated malpractice or the failure to practice medicine with tat level of care, skill, and treatment which is recognized by a reasonably prudent Mar 12 2008 11:52 Mar 12 2008 10:52 P.O5 ~ ~ similar physician as being acceptable under similar conditions and circumstances. : 17, 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 one or more of the following: a. Failing to admit Patient D.G. to the hospital on | or about December 30, 1999, for further testing} | b. Failing to obtain a cardiac consultation | for Patient D.G. on or about December 30, 1999; | c. Failing to order cardiac enzymes, stress testing, or an echocardiagram for Patient D.G. on or about Decernber 30, 1999; : 18. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (1999), 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. | COUNT TWO | 19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. | Mar 12 2008 11:52 Mar 12 2008 10:52 P.O6 Naw’ ‘wi | 20. Section 458.331(1)(m), Florida Statutes (1999), 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 histories; examination results; test results; records of drugs prescribed, dispensed, or administered: and reports of consultations and hospitalizations. 21. Respondent failed to justify the course of Patient D.G’s medical - treatment by failing to document one or more of the following: a. Justification for failing to admit Patient D.G, to the hospital on or about December 30, 1999, for further testing; b. Justification for failing to obtain a cardiac consultation for Patient D.G. on or about December 30, 1999; c. Justification for failing to order cardiac enzymes, stress testing, or an echcardiagram for Patient D,G. on or about December 30, 1999; 22. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (1999), by failing to justify the course of Patient D,G,’s medical treatment. | 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 5 Mar 12 2008 11:52 Mar 12 2008 10:52 P.O? we ww practice, imposition of an administrative fine, issuance of a reprienand, 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 CAD rte | 2004. ! John ©. Agwunobi, M.D, M.B.A. Secretary, Department of Health TOF HEALTH —— OE NY Ge Ephraim D. Livingston Assistant General Counsel ee DOH Prosecution Services Unit pat 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0121347 | (850) 414-8126 EL:cs (850) 414-1989 FAX LERK Reviewed and approved by: DLE Ainitials) 2/04 (date) : PCP: IF, ADDY, : | PCP mavens Gustavo Leon, M.D (Chairperson) ond Mark Avila, MD. DOH vs. Miguel Angel Acevedo-Segui, M.D:, Case No. 2003-21882 Mar 12 2008 11:53 Mar 12 2008 10:53 P. 08 ed ‘wt 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 othe discipline imposed, DOH vs. Miguel Angel Acevedo-Segui, Case No. 2003-21882

Docket for Case No: 08-001224PL