Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ROBERT A. RUTH, M.D.
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: May 08, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 15, 2009.
Latest Update: Jan. 09, 2025
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1 re a ae rr
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO. 2007-17549
ROBERT A. RUTH, M.D.,
RESPONDENT, |
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ADMINISTRATIVE COMPLAINT |
Petitioner, Department of Health, by and through undersigned
counsel, files this Administrative Complaint before the Board of Medicine
against Respondent, Robert A. Ruth, 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 74008. |
3. Respondent’s address of record is 1661 Tidewater Lane,
Navarre, Florida 32566.
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4, Onor about March 2, 2007, Patient N.B., a sixty-three year old
female, underwent a colonoscopy at the Endoscopy Group in Pensacola,
Florida.
5. On or about March 5, 2007, Patient. N.B. presented to the
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emergency department of Santa Rosa Medical Center in Milton, Florida with
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complaints of left chest pain.
6. Respondent was the physician in charge of Patient N.B.s care
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during her time in the emergency department.
7. . Patient N.B’s chest pain increased with deep inspiration and
movement, and she rated the pain at five out of ten. |
8. Patient N.B,'s lab work revealed low hemoglobin of 8.7,
9. Patient N.B,'s EKG (electrocardiogram) revealed non-specific ST
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and T wave changes.
10. Patient N.B. was given Nubain (a drug used for treating and
preventing moderate to severe pain) and Phenergen IV (promethazine—a
drug used to treat allergy symptoms), |
11. Respondent did not investigate Patient N.B/s abdomen.
12. Respondent did not investigate the cause of Patient N.B.'s
anemia.
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13. Respondent did not conduct a rectal exam on Patient N.B.
14. Respondent did not conduct or order act scan of Patient N.B’s
_ abdomen, :
15. After completion of Patient N.B.’s workup, Respondent
discharged Patient N.B. with the diagnosis of chest wall pain. :
16. On or about March 7, 2007, Patient N.B. underwent a CT scan
of the abdomen, which revealed a small peripheral tear of the inferior mid
portion of the spleen, resulting in a small subcapsular (situated or
occurring beneath or within a capsule) hematoma and a small amount of
fluid collecting in the perisplenic space from the hemidiaphragm (one of the
two lateral halves of the diaphragm separating the chest. and abdominal
Cavities) to the inferior aspect of the spleen. :
17. On or about March 7, 2007, Patient N.B. was admitted to West
Florida Hospital and observed for three days. :
~-t8. ~On or about March 10, 2007, Patient N.B. was'discharged from
West Florida Hospital.
19. Section 458,33 1(1)(t), Ftorida Statutes (2006) subjects a doctor
to discipline for committing medical malpractice as defined in Section
456.50. Section 456.50, Florida Statutes (2006), defines medical
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malpractice as the failure to practice medicine in accordance with the level
of care, skill, and treatment recognized in general law related to health
care licensure.
20. Level of care, skill, and treatment recognized in general law
related to health care licensure means the standard of care specified in
Section 766,102. Section 766.102(1), Florida Statutes (2006), defines the
standard of care to mean“. . . The prevailing professional standard of care
for a given health care provider shall be that level of care, skill, and
treatment which, in light of all relevant surrounding circumstances, is
recognized as acceptable and appropriate by reasonably prudent similar
health care providers... .” |
21,. Respondent failed to meet the required standard of care by in
one or more of the following ways: |
a) By failing to investigate Patient N.B’s abdomen ‘after her
complaints of left chest pain after - previously having a
colonoscopy; or
b) By failing to investigate the cause of Patient N.B.’s andi or
C) By failing to perform @ rectal exam on Patient N.B.; or
d) By failing to perform or order a CT scan of Patient N.Bs
abdomen.
€) By misdiagnosing Patient N.B’s condition.
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22. Based on the foregoing, Respondent has violated Section
458,331(1)(t), Florida Statutes (2006), by failing to practice medicine
within the standard of care which would be recognized by a reasonably
prudent medical professional under similar conditions and circumstances.
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WHEREFORE, 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 administrative fine, issuance of a reprimand,
placement of Respondent on probation, corrective action, refund of fees
billed or collected, remedial education and/or any other relief that the
Board deems appropriate. |
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SIGNED this fim " day of , 2008,
Ana M.Viamonte- Ros, M.D., M. PH.
State syreon Gener... 2
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Basson Somme - |
irom D ( ' Assistant Ge ierat ‘Counsel ‘
DOH Prosect ition Services Uni
DEPART HM
PARTMENT ge a ea 4052 Bald Cypress Way, Bin C-65
SRERK: Tallahassee, FL 32399-3265
pare eta Florida Bar # 0078999 |
850.245.4640 ext, 8175 |
850.245.4681 FAX
Robert A. Ruth, M.D, CASE NO, 2007-17549
PCP: April 11, 2008
PCP Members: Ashkar, Lage & Beebe
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NOTICE OF RIGHTS a
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 witnessés 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.
Docket for Case No: 09-002418PL
Issue Date |
Proceedings |
Sep. 15, 2009 |
Order Closing File. CASE CLOSED.
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Sep. 14, 2009 |
Notice of Cancelling Telephonic Deposition (of R. Ruth) filed.
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Sep. 14, 2009 |
Motion to Relinquish Jurisdiction filed.
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Sep. 01, 2009 |
Notice of Taking Telephonic Deposition (of R. Ruth) filed.
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Jul. 14, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 29 and 30, 2009; 9:30 a.m.; Tallahassee, FL).
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Jul. 10, 2009 |
Joint Motion for Continuance filed.
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Jul. 07, 2009 |
Order on Motion to Relinquish Jurisdiction.
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Jun. 24, 2009 |
Motion to Deem Admissions Admitted and to Relinquish Jurisdiction filed.
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May 21, 2009 |
Order of Pre-hearing Instructions.
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May 21, 2009 |
Notice of Hearing (hearing set for July 22 and 23, 2009; 9:30 a.m.; Tallahassee, FL).
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May 15, 2009 |
Joint Response to Initial Order filed.
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May 11, 2009 |
Notice of Serving Petitioner`s First Set of Interrogatories, First Request for Admissions and Production of Documents to Respondent filed.
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May 08, 2009 |
Initial Order.
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May 08, 2009 |
Election of Rights filed.
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May 08, 2009 |
Administrative Complaint filed.
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May 08, 2009 |
Notice of Appearance (filed by E. Jones).
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May 08, 2009 |
Agency referral
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