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DEPARTMENT OF HEALTH, BOARD OF PODIATRIC MEDICINE vs JACK J. COHEN, D.P.M., 08-004747PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004747PL Visitors: 27
Petitioner: DEPARTMENT OF HEALTH, BOARD OF PODIATRIC MEDICINE
Respondent: JACK J. COHEN, D.P.M.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami, Florida
Filed: Sep. 22, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 11, 2008.

Latest Update: Dec. 24, 2024
Sep 22 2008 12:07 SEP-22-20H8 12:42 AHCA P.ia STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-30207 JACK J. COHEN, D.P.M., RESPONDENT. ay | D col NT COMES NOW, Petitioner, Department of Health, by and through its undersigned aN. ot Z ‘counsel, and files this Administrative Complaint before the Board of Podiatric Medicine against Respondent, Jack J. Cohen, D.P.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 461, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed Podiatric physician within the state of Florida, having been issued license number PO 1663. 3. Respondent's address of record is 1204 Avenue U, #1017, Brooklyn, New York 11229, 4, On or about January 27, 2005, Patient S.G. presented to Respondent's office with a complaint of painful unresponsive neuromas of both feet. Department of Haalth v. Jack J, Cohen, D.P.M, 1 Case Number 2006-36207 JAPSUNNursing\Watt\Podiatry\Cohen\Podiatry_AC_Resords. CohenJ.doc SEP-22-2088 12:42 AHCA Sep 22 2008 12:07 5. Respondent confirmed the diagnosis of neuromas and offered surgical correction in the form of ostectomies of the metatarsals to relieve pressure on the nerve tissue between the metatarsal heads, 6. Respondent advised against an excision of the neuromas because stump neuroma could occur with resulting return of pain. 7, On or about February 2, 2005, Patient 5.G. underwent 20 surgical procedures performed by Respondent including 8 multiple ostectomies for the treatment of neuromas. 8. Following the procedures, Patient $.G. continued to have foot pain and deformities, 9. Respondent failed to keep adequate medical records justifying the course . of treatment for Patient S.G. and destroyed all his financial records related to the patient. COUNT ONE 10. Petitioner re-alleges and incorporates Paragraphs one (1) through (9) as if fully set forth herein, 11. Section 461.013(1)(s), Florida Statutes (2005) provides that the failure to practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances, constitutes grounds for disciplinary action by the board of podiatric medicine. Department of Health y, Jack J, Cohen, D.P.M. 2 Case Number 2006-30207 JAPSUNursing\Walt\PodiatryCahen\Podiatry _AC_Records_CohenJ.dec SEP-22-2088 12:43 AHCA Sep 22 2008 12:07 12. Respondent failed to practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances by performing 8 multiple ostectomies for the treatment of neuromas on Patient S.G, 13. Based on the foregoing, Respondent violated Section 461.013(1)(s), Florida Statutes (2005), failure to Practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podlatric physician as being acceptable under similar conditions and circumstances, constitutes grounds for disciplinary action by the board of podiatric medicine. UNT TW 14. Petitioner re-alleges and incorporates paragraphs.one (1) through (9) as if fully set forth herein. 15. Section 461.013(1)(), Florida Statutes (2005), provides that failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, and test results, constitutes grounds for disciplinary action by the Board of Podiatric Medicine. 16. Respondent failed to keep written records justifying the course of treatment for Patient S.G. and destroyed all his financial records related to the patient. 17, Based on the foregoing, Respondent violated Section 461.013(1)(0), Florida Statutes (200), by failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination Department of Heath v. Jack J. Cohen, D.P_M, 3 Case Number 2006-30207 J? APSU\Nursing\Wall\Podiatry\Cohen\Podiatry AC_Records_CohenJ.doc Sep 22 2008 12:08 SEP-22-2088 12:43 AHCA results, and test results, constitutes grounds for disciplinary action by the Board of Podiatric Medicine WHEREFORE, the Petitioner respectfully requests that the Board of Podiatric 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 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_J5” day of ___ Felruac 4, 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Walter T. S. Widener Assistant General Counsel RTMENT OF HEALTH DOH Prosecution Services Unit DEFA UTY oer RON 4052 Bald Cypress Way, Bin C-65 CLERK: Tallahassee, Florida 32399-3265 DATE___ 2° 252 O% Florida Bar Number 0037258 (850) 245-4640 Voice (850) 245-4683 Fax PCP: PCP Members: Department of Heatth v. Jack J. Cohen, D.P.M. 4 Case Number 2006-30207 JAPSU\NursingWalfiPodiaty\Cohen\Podiatry_AG_Fiecords. Cohend.clac SEP-22-2088 12:43 AHCA Sep 22 2008 12:08 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. ==. ce Department of Health v, Jack J. Cohen, 0.F.M. Case Number 2006-30207 4APSU\NursingiWatt\Podiaty\Cohan\Podlatry_AC_Reconis_Coheni.clos

Docket for Case No: 08-004747PL
Issue Date Proceedings
Dec. 11, 2008 Order Closing File. CASE CLOSED.
Dec. 11, 2008 Joint Motion to Relinquish Jurisdiction filed.
Nov. 26, 2008 Order Granting Petitioner`s Motion to Amend.
Nov. 26, 2008 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 9, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 25, 2008 Joint Motion for Continuance of Final Hearing filed.
Nov. 25, 2008 Petitioner`s Motion for Leave to Amend Administrative Complaint for Corrections of Scrivener`s Error filed.
Nov. 18, 2008 Order Denying Petitioner`s Motion to Deem Admitted and to Relinquish Jurisdiction.
Nov. 18, 2008 Order Directing Filing of Exhibits
Nov. 18, 2008 Motion to Compel Production of Documents and Answers to Petitioner`s First Set of Interrogatories or in the Alternative Motion to Strike filed.
Nov. 12, 2008 Respondent`s Answers and Objections to Petitoner`s First Request for Admissions filed.
Nov. 12, 2008 Respondent`s Answers and Objections to Petitoner`s First Request for Admissions filed.
Nov. 12, 2008 Supplemental Response in Support of Request for Formal Administrative Hearing Involving Disputed Issues of Material Fact filed.
Nov. 04, 2008 Notice of Appearance (filed by Michael Lowe and Bridget Grimsley) filed.
Oct. 30, 2008 Motion to Deem Admitted and to Relinquish Jurisdiction filed.
Oct. 15, 2008 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 6, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 14, 2008 Petitioner`s Response to Respondent`s Motion for Continuance and Change in Venue filed.
Oct. 10, 2008 Letter to Judge Sartin from J. Cohen requesting continuance filed.
Oct. 07, 2008 Order Granting Motion to Compel Respondent to List Specific Disputes.
Oct. 03, 2008 Order of Pre-hearing Instructions.
Oct. 03, 2008 Notice of Hearing (hearing set for November 4 through 7, 2008; 9:00 a.m.; Miami, FL).
Sep. 30, 2008 Corrected Petitioner`s Amended Unilateral Response to Initial Order filed.
Sep. 30, 2008 Petitioner`s Amended Unilateral Response to Initial Order filed.
Sep. 29, 2008 Unilateral Response to Initial Order filed.
Sep. 25, 2008 Motion to Compel Respondent to List Specific Disputes filed.
Sep. 25, 2008 Notice of Serving Petitioner`s First Request for Admissions, Interrogatories and Production of Documents filed.
Sep. 23, 2008 Initial Order.
Sep. 22, 2008 Notice of Appearance (filed by M. Blancho).
Sep. 22, 2008 Request for Administrative Hearing filed.
Sep. 22, 2008 Election of Rights filed.
Sep. 22, 2008 Administrative Complaint filed.
Sep. 22, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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