May 6 2009 10:43 May 6 2009 9:41 P. O04 o ~ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2002-31561 DAVID GOLDBERGER, M.D, ! RESPONDENT. | : 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, David Goldberger, 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 ME 28979, EPS Medic i DAP +DHPinedeases-Cha miGberger, 12-3136) AC tidaw Page } ai May 6 2009 10:43 May 6 2009 9:41 P.O om 7. 3. Respondent's address of record is 2221 North Univers Drive, #B, Pembroke Pines, Florida 33024, 4. On or about January 17, 2001, Patient TK, a then forty- nine (49) year old male, initially presented to Respondent for Lasik surgery. 5. Lasik surgery is a surgical procedure wherein an ophthalmologist cuts a flap in the cornea of the eye and shoots a laser into the corneal stroma (middie cornea). 6 The Lasik Procedure is used on patients who are moderately to Severely nearsighted, : 7. The Lasik Procedure restores vision almost instantly by reshaping the stroma of the aye. 8 Onor about January 17, 2001, Respondent performed a Lasik procedure for both eyes on Patient T.K., a forty-nine oD year old male, 9. Patient T.K, had a pre-op condition known as lattice degeneration which Was not noted in the medical records, 10. Patient TK, was highly myopic, which was the reason for having the Lasik Procedure, ) PSU Medal DHP ~DHPinedenses Goldberger. 02-3101 ac (diy Page 2 at May 6 2009 10:43 May 6 2009 9:41 P. 06 rs ~~, 11. Patient T.K. had a family history of retina; detachment, 12. Respondent conducted a pre- OP examination on Patient TK, which did not include a detailed Peripheral retinal exam with indirect ophtalmoscopy (allows the doctor to see the back of the eye) with sclera depression [examination technique in which the sclera (outer eye tissue Surrounding the cornea) is mechanically depressed with blunt instrument while examiner simultaneously inspects peripheral retina]. | 13. Following the Lasik surgery procedure performed by Respondent, Patient TK. developed blurred vision and field loss in his right eye, | 14. Respondent Saw Patient T.K. three (3) times after Performing the Lasik Procedure, then referred him to a retinal consultant. | 15. Patient TK, suffered a retinal detachment and eventual lost vision in his right eye. 16, Section 458.331(1)(t), Florida Statutes (2000), sets ‘forth grounds for disciplinary action by the Board. of Medicine for committing medical malpractice as defined in Section 456.50, Forde 3 peu Medcar CHP “DHPinedeases Goldberger. 02.3144) AC (ti dog Page May 6 2009 10:43 May 6 2009 9:42 . P.O? ~~ ~ Statutes (2000). Section 456.50, Florida Statutes (2000), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in genera iaw related to health care licensure, 17, Respondent failed to practice medicine with tat level of skill, care and treatment which is recognized by.a reasonably Prudent health care physician in one or more of the following ways; | a. By not taking a detailed family history from Patient TK. Ptior to performing the Lasik Procedure; and or | b. By not conducting a peripheral retinal exam vith nde ophtalmoscopy with sclera depression of Patient TK, prior to performing the Lasik procedure, 18. Based on the foregoing, Respondent has Violated ‘section 258,331(1)(t), Florida Statutes (2000), 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, : WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter Nn order imposing one or more of the rest PSU Medica) DHP + DHPmedeases Goldberger. 02-3 1544 ‘AC tty doe ap . May 6 2009 10:44 May 6 2009 9:42 . P. 08 ~ ~~ foliewing penalties: permanent revacation 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. | _ 2007. ee Ana M. Viamonte Ros, M.D., M.P.H, Secretary, Department of Health | ' | Dorys H. Penton Assistant General Counsel Signed this | day of pi Le 3 DOH Prosecution Services Unit cout FHEATH 4052 Bald Cypress Way, Bin C-65 | “W1ITY CLER ‘R25 _ Tallahassee, FL 32399-3265 | aie Florida Bar # 0540080 I (850) 245-4640 | (850) 245-4681 Fax «LERK: TE DHP/sdw PCP: July 13, 2007 PCP Members: Leon, Rosenberg, Beebe ? PSL Medicnt DHE *DHPinedzases Goldberger, 12.3156) AC Ht doy Pape Sat May 6 2009 10:44 May 6 2009 9:42 P.09 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 20.57, Florida Statutes, to be represented by counsel o other qualified representative, to present evidence and a ument, 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 aaa hae of this matter, Pursuant to Section 456.0172(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 other discipline imposed. | PSL! Medial DHP +DHPmudeases Guidborgey. 02.3146} ACU die Page 6 of 7

Docket for Case No: 09-002399PL