Sep 4 2008 8:32 Sep 4 2008 7:29 P. O04 JS Ts a nara Ea te Wie * ; | PRAGTITIONE REGULAT ION staTeorronpa — “W7MOW21 aM 9: 39 DEPARTMENT OF HEALTH | "DEPARTMENT OF HEALTH, ) | PETITIONER, 5 . | v. CASE NUMBER 2000-10107 "ROY H, HINMAN, II, M.D., . RESPONDENT. NOW COMES Petitioner, Department of Health, by ‘and through the ‘Agency for Health Care Administration, and for it’Complaint against Roy H. Hinman, 0, mM. O., states as follows: | PARTIES 1 The Department of Heatth is the stite agency charged with regulating the practice-of medicine under Florida Law. | 2 Respondent, whose-address. of record is 1099 ALA Baath: Boulevar, Saint Augustine, Florida. 32084. was issued license number ME 56729 on December 12, 1989 and is board certified In Family Practice. 3. At all times material ta:this Complaint, the’Respontiant was a license d medical physician within the State of Florida, . 200g 8 | AVE Sep 4 2008 8:32 3 ep 4 20 08 7:29 aaa liam rn aA a HTN BOGE EMD E NE Oe Ae TOE a 4. On or shout January 13, 1999; Patient WS, a sixtythree (63) year-old ‘male, presented to. Respondent with complaints of @ saven (73 day history af ‘headaches, chills, decreased appetite and fever. 5 On Gr about January 13, 1999, Respondent and ‘his assistant diagnosed Patient WS's lines as influenza (the flu) and prescribed Tytenal, fluids and Prednisone (Stari Prad pack), | 6. Respondent instructed Patient WS to call Respondent if there were any problems, ! 7 . On or about January 18, 1999, Patient WS presentéd te Respondent with complaints of continued fevers and = productive cough, bub no shortness of breath. Patient W.S, also presented with new syMiptonis-of right side chest pains. 8. Of or about January 18, 1999, Respondent again diagnosed Patient WSs llinass as influenza and prescribed increased fluids, rest, Septra . DS tablets and Histussin-HC syrup, Résporident Instructed Patient WS to return ff necessary, | 9. During Patient WS's January 18, 1999 visit, Respondent did ct refer-him for a full dlagnostic work-up, to a specialist and/or for hospitalization. ! 10, On or about January 25, 1999, Patient WS presented to Respondent with complaints of chest.congestion, productive white Sputum, plugged ears, reduce lung movement on right side and a tots waight loss of nineteen pounds (19Ibs) sifice the initial January 13, 1999 visit. ti. On or about January 29, 1999, Respondent ordered Patient ws te obtain a chest x-ray at First Coast Imaging Caiiter, ‘Aun omn ein i ails eh deta Au aig Sep 4 2008 8:32 Sep 4 20 Oe ft 2 a P. O06 op a mer man aaa zea ats it SORE uteleererane es oaeat uteaicre many | 12, Respondent ordered .a “wet read” while Patient ws was still at the canter. 13. When the xray revealed a: pneuomothorax {alr inv tung dining}; Respondent irected Patient WS to a hospital emergency roan where a pulmonary specialist Saw him, . | 14. On oF about January 29, 1999, the pulmonary specialist aid Patient WS inte the hospital for treatment, which included a chest tube, chest CT scan, and iv antibiotics. i5. A reasonably prudent physictan under similar conditions and circumstances ‘would have referred Patient WS for a full diagnostic work-up, Specialist ‘eare And/or hospitalization on the January 18, 1999 visit. ! 16. Réspondent fell below the Standard of care in the cate and beatment of Pationt WS in ane or more of the following ways: _ | @) Respondent failed to refer Patient WS for a fut. diagnostic work up, specialist care, and/or hospitalization on the January 18, fone visit: BB Respondent failed to adequately assess ‘Patient WSs complaints and symptoms. on the January 18 and January 29, 1999, visits to his offiees ‘€). Respondent failed to directly admit Patient WS to @ hospital on the January 29, 1999 visit. 17, Based on the foregoing, Respondent has ‘violated Section 458.331(1}(), Florida Statutes, by failing to practica medicine with that level. of care, | skill, and treatment which is recognized by a reasonably prudent sitmilar physician as being acceptable.under similar conditions and circumstances, Sep 4 2008 8:33 Sen 4 2008 230 ait aca at RN a a a WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an ‘order imposing orie or mare of the following pengities: permanant revocation or Suspension of the Respondent's . license, restriction of the Respontients practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent ‘or profation, the assessment of costs related to the investigation and prosecution of this case ag provided ‘for in Section 455, 624(4), Florida Statutes, and/or any other relief that the Board deéms appropriate, SIGNED this Hite of 4 Anu ohn 0. Agwufobi, M.D.MBA Nancy M. Snurkowsk? Chief Attorney, Practitioner Regulation : | COUNSEL FOR DEPARTMENT: Ee Ephraim D. Livingston, Senior. Attorney a eetrr OF HEALT ' Practitioner Regulation OEE CLERK Agency for Health Care Administration aah £ P.O, Box 24229 CLERK "Oo loge Tallahassee, Florida 32317-4229 Hf Florida Bar # 0121347 one | NMS/EDL/Eh | PCF Date: January 11, 2002 (SOUTH) PCP Pana! Memibers: Ashkar & Rodriquez |

Docket for Case No: 08-004382PL