STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, | v. | CASE NO. 2006-26444 C JEFFREY CARL HAMM, M.D., 6 RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and thraugh its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, Jeffrey Car Hamm, MD., 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 46016, ' J:\PSU\Medical\4llison D\ Administrative Complaints\Hamm 2005-26444\AC,doc | of ro'd BEtOL go02 2 “ew BfiTT soo cz Fey, Drive, A-202, Lauderhill, Florida 33451. year-old female presented to Respondent's office for a pre-operative consultation for a scheduled liposuction and lipectomy. preoperative laboratory tests for Patient M.A. results showed that Patient M.A.’s urine was positive for glucose acetone and Patient M.A. had a random blood glucose level of mg/dl. 7, A random blood glucose level above 200 ma/di is indicative of diabetes. 8, Patient M.A. was not aware that she had diabetes. 9, On or about June 21, 2005, Respondent performed liposuction and lipectomy on Patient M.A. at Kindred Hospital. ——_}— ‘Respondent failed to review Patient M. A ‘s laboratory reports which 3, Respondent's address of record is 4300 North University 4. On or about June 13, 2005, Patient M.A., a thirty-two- 5; On or about June 13, 2005, Respondent ordered 6. On or about June 14, 2005, the pre-operative laboratory and 380 the 10. Prior to Performing the procedure on Patient M.A,, indicated she was suffering from diabetes. | J:\PSU\Medical\Allison D\Administrative Complaints\Hamm 2006-26444\AC.doc 90d BEtOL go0e 2 “ew 6S:TT s800z oz fey 11. On or about June 21, 2005, Patient M.A. developed tachycardia and was admitted to Kindred Hospital overnight. 12. On or about June 21, 2005, Patient M.A. devel ped diabetic ketoacidosis (a life-threatening chemical imbalance marked _ by an excess of ketones in the bloodstream). 13. On or about June 23, 2005, Patient M.A. was transferred to Broward General Medical Center, suffering from septic sh ck, respiratory failure and renal failure. Medical Center until August 5, 2005. | COUNT ONE through fourteen (14) as if full set forth herein. that 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 condit ~ circumstances constitutes grounds for disciplinary action by of Medicine. | J:\PSU\Medical\Allison D\Administrative Complaints\Hamm 2006-26444\AC.doc 90'd —«-BETOL gonz ez Kew OFITT so0z ez Fey, 14. Patient M.A. was not released from Broward General 15. Petitioner realleges and incorporates paragraphs one (1) . 16, Section 458.331(1)(t), Florida Statutes (2004), provides ions and the Board 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, due to one or more of the following: prior to performing the liposuction and lipectomy; laboratory results by repeating the tests or canceling the surgery} | a) _ By failing to review Patient M.A.’s laboratory results | : b) By failing to address Patient M.A.’s abnormal c) By failing to refer Patient M.A, to a specialist for; the evaluation of the abnormal laboratory tests; surgery; post-operatively with urine dipsticks or blood glucose testing. 18. d) | By failing to order a fasting glucose prior to {the e€) By failing to monitor Patient M.A.’s blood sugar Based upon the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2004), by failing to practice medicine with that level of care, skill, and treatment which is recognized by a i ——— reasonably “prudent: ‘similar physician as b being acceptable ut under similar conditions and circumstances when Respondent failed J\PSU\Medical\Alson D\Administrative Complaints\Hamm 2006-26444\AC,doc | é0‘d BEtOL go0e 2 “ew OFITT so0z ez Fey, to review Patient M.A.’s laboratory results prior to performing the liposuction and lipectomy; and/or failed to address Patient M.A.’s abnormal laboratory results by repeating the tests or canceling surgery; and/or failed to refer Patient M.A. to a specialist for the the evaluation of the abnormal laboratory tests; and/or failed to order a fasting plucose prior to the surgery; and /or failed to monitor Pati ent M.A.'S blood sugar post-operatively with urine dipsticks or blood glucose! testing. COUNT TWO 19. Petitioner realleges and incorporates paragraphs one; through fourteen (14) as if full set forth herein. grounds for disciplinary action by the Board of Medicine for failing to 20. Section 458.331(1)(m), Florida Statutes (2004), sets forth (1) keep legible medical records that justify the course of treatment of the patient, including, but not limited to, patient histori examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. - es} J:\PSU\Medical\Allison D\Administrative Cornplaints\Hamm 2006-26444\AC.doc Bo'd «=—s«BEZOL go0z Ee MEW OFITT so0z ez Fey, | 21, Respondent failed to keep legible medical records that justify the course of Patient M.D.'s medical treatment by failing to. | document one or more of the following: i | a) — The justification for the course of treatment utilized the care of Patient M.A.; = b) A physical examination of Patient M.A.; | c) Patient M.A.'s medical history. 22, Based on the foregoing, Respondent violated Section 458.331(1)(m), ‘Florida Statutes (2005), by failing to keep medical records that justified the course of treatment utilized in the care of Patient M.A. + and/or by failing to document a physical examination of Patient MA. and/or by failing to document Patient M.A.’s medical history. 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 a na nea administrative fine, issuance of a reprimand, placement of | the Respondent on: probation, corrective action, refund of fees billed or J:\PSU\Medical\Allison D\Administrative Complaints\Hamm 2006-26444\AC.doc | 6 | 60"d BEtOL go0e 2 “ew OFITT so0z ez Fey, collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this Adv day ot ashecage _, 2007. | Ana M. Viamonte Ros, M.D,, MPH Interim Secretary, Department of Health Ohm | Allison M. Dudley Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 159913 (850) 245-4640 x-8106 Office DEPARTME! ) DEPUTY GueaR (850) 245-4680 Facsimile CLERK RacOLc0 Pruner pate_Ol- 0-71 PCP: Hon ile, deo7 PCP Mémbers: 7 2/4 : Kea J:\PSU\Medical\allison D\Administrative Complaints\Hamm 2006-26444\AC.doc 1 7 | aob'd BEtOL go0e 2 “ew OF: TT s300z ¢z fey 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. J\PSU\Medleal\Allison D\Administrative Complaints\Hamm 2006-26444\AC.doc 1 8 i} i Ll'd ss BEZOL «go0z Ee EW Teill #007 ¢2 Fey

Docket for Case No: 08-002556PL