Sb STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, v. | CASE NO, 2006-38335 JONATHAN GREENBERG, M.D,, RESPONDENT, DMINY TIVE | MPLAIN COMES NOW, Petitioner, Department of Health, by and through ft . undersigned counsel, and files this Administrative Complaint before th ~ Board of Medicine against Respondent, Jonathan Greenberg, M.D.; and ir . support thereof alleges: 1. | Petitioner is the state department charged with regulating the ANY ao-Z practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter - 456, Florida Statutes; and Chapter 458, Florida Statutes, 2 licensed - medical doctor within the state of Florida, having been sued : license number ME 50725, 20 ‘d é6tél 8008 8b If BE:eT B00 BT [nc At all times material to this Complaint, Respondent. v was: 3 al" Lye 3. Respondent’s address of record is 545 Delaney Avenue A Bullding 1, Orlando, Florida, 32801, . ; 4, On or about September 21, 2006, Patient 4.S., a then tweh = nine (28) year-old male, signed an informed consent for bilateral L4-5, | $1 hemilaminectomy/dlscectomy (removal of the laminae and spinous processes to decompress the spinal cord/nerve; removal of herniated an degenerated intervertebral disc material) to be performed by Respondent, 5. On or about September 26, 2006, Respondent admitted Patien 1.5., to Orlando Regional Medical Center, in Orlando, Florida for bilateral L4-5, Ls S1 hemilaminectomy/discectomy, 6. On or about September 26, 2006, prior to beginning th procedure, a “time out” verifying the correct patient, correct physician : correct site, and correct procedure planned was completed. | 7. On or about September 26, 2006, an intraoperative PAC (Picture. Archiving and Communication System; digital) x-ray was taken “ and Respondent marked what he believed to be the L4-5 and L5-Si level for surgery. 8, According to the operative report dated September 26, 2006). " Respondent performed 14-5 and L5-St herilaminotomies, foraminotomies 60 ‘d BG tél 8008 Bl If OFP:ST 8002 8T [nc discectories at 13-4 and L4-5, rather than, 14-5 and 15-51. (procedure used to achieve spinal cord decompression), and discectom! with bilateral fat grafts. s On or about September 29, 2006, Respondent ordered a routine xray of Patient J.5/s surgical site, 10. On or about September: 29, 2006, Respondent discovered th it he had performed the hemilamimotemies, foraminotomies, “ark af 11. On or about September 29, 2006, Respondent advised Paitient 1.5. of the error, . 12. On or about September 30, 2006, “Respondent perform lumbar re-exploration at [5-S1, performing hemilaminotom foraminotomy, and discectomy, 13. Section 456.072(1)(bb), Florida Statutes (2006), provides that . | performing or attempting to perform heatth care services on the- wron patient, a wrong-site procedure, a wrong procedure, or an unauthorize 7 procedure or a procedure that is medically unnecessary or otherwis unrelated to the patient's diagnosis or medical condition is grounds disciplinary action by the Board of Medicine. pO‘d BG tél 8008 Bl If OF:ST 8002 ST Inc M4, Respondent performed or attempted to perform health ca services on the wrong patient, a wrong-site procedure, a wrong procedu or an “unauthorized procedure, or a procedure that was medicall _ unneceseary by one or more of the following ways: , a. Failing to adequately identify the correct area, Patient.J.S, L5-S1 joint, for the hemilaminotomy, foraminotomy an discectomy; ob Performing a procedure on Patient 3.S/s incorrect anatomni : site, the L3-L4 joint; and/or ¢, Performing a procedure that was medically unnecessary 0 ce] : . Patient J.S.$ L3-L4 joint. a | 15, Based on the foregoing, Respondent has violated Sectio oe 456. 072(1)(bb), Florida Statutes (2006), by performing a wrong-site incorrect and/or medically unnecessary procedure on Patient J.S. WHEREFORE, the Petitioner respectfully requests that the Board o Medicine enter an order imposing one or more of the following penalties: . ; restriction of the Respondent's practice, imposition of an administrative , fine, Issuance of a reprimand, corrective action and/or any other rellef that - the Board deems appropriate, SO ‘d BG tél 8008 Bl If OFP:ST 8002 8T [nc SIGNED this Bday of Foon ney 2008, Ana M, Viamonte Ros, M.D, M.P.H, Secretary, Department of Health I Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 ' Tallahassee, FL 32399-3265 ‘Florida Bar #028845 - (850) 245-4640 (850) 245-4681 FAX PCP: February 8, 2008 PCP Me Abers: Ashkar, Lage, Beeba a0l‘d BEtZL BOOZ sb ine Ob:ET so0zZ st inc NOTICE OF RIGHTS Respondent has the right to request a hearing to b conduct i , NOTICE REGARDING ASSESSMENT OF COST s Respondent is placed on notice that Petitioner has incurre Costs related to the investigation and prosecution of this matter, Pursuant to Section 456.072(4), Florida Statutes, the Board shal assess costs related to the Investigation and prosecution of disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. fO‘d BG tél 8008 Bl If OFP:ST 8002 8T [nc

Docket for Case No: 08-003495PL