Sep 14 2009 14:42 Sep 14 2009 14:98 P. O04 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2007-10505 DAVID LAWRENCE CHARLES WELLS, M.D., RESPONDENT. / ee ADMIN VE PLAIN 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 Lawrence Charles Wells, 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 JAPS1 \Medical\Neia\Medical Cases\Wells. 07-10505 fA\AG. dor Sep 14 2009 14:42 Sep 14 2009 14:98 P.O5 licensed physician within the State of Florida, having been issued license number ME 93738, | 3. Respondent's address of record is 3046 Dusty Lane, Neosho, Missouri 64850-8909. 4. Respondent is Board Certified by the American Board of Radiology in Diagnostic Radiology. 2. On or about January 18, 2007, patient A.L., a sixty (60) year- old male admitted to North Shore Medical Center. ‘Patient A.L. presented with a chief complaint of dyspnea secondary to congestive heart failure and renal failure. Patient A.L. had a history of heart disease and diabetes, 6. On or about January 19, 2007, patient A.L. underwent a CT scan of the abdomen and pelvis which demonstrated a 2.9 cm mass in the region of the pancreatic tail. , 7, On or about January 24, 2007, at approximately 5:00 p.m., Respondent, as the General Radiologist at North Shore Medical Center, performed a CT guided needle biopsy of the pancreatic mass on patient AL. FAPSU\Medical\Neia\Medical Cases\Wells. 07- 10505 (MAC dot Sep 14 2009 14:43 Sep 14 2009 14:98 P. 06 8, Immediately after the procedure, Respondent ordered and diagnosed a CT scan which demonstrated that patient A.L. had developed an evolving hematoma at the biopsy site. : 9. Due to the evolving hematoma at the biopsy site, Respondent instructed that a follow up CT scan of the abdomen was to be performed for further assessment. 10. Respondent did not instruct or order that patient A.L. be admitted to a recovery area, post anesthesia care unit or intensive care unit after diagnosing that patient A.L. had developed an evolving hematoma at the biopsy site. i 11. Respondent did not monitor, or instruct or order, frequent monitoring of patient A.L.’s vital signs and/or blood work to assess bleeding after the CT scan evidenced bleeding around the biopsy site, 12. Respondent did not instruct or order additional treatment or care for patient A.L. after diagnosing that patient A.L. had developed an evolving hematorna at the biopsy site. , 13, Respondent did not document any additional instructions relating to patient A.L.'s care or treatment. ; EAPSU\Medieal\Nela\Medical Casee\Wells, 07-10505 AAC dot Sep 14 2009 14:43 Sep 14 2009 14:98 P.O? 14. At approximately 6:00 p.m., after the procedure was completed, patient A.L. was transported from the radiology department to his room. 15. At approximately 6:20 p.m., the admitting doctor was called and gave a telephone order for pain medication. | 16. At approximately 6:35 p.m., patient A.L. was found to be lethargic and non-responsive, : 17, At approximately 7:15 p.m., patient AL, continued to be ethargic—— ee ee rn 18. At approximately 8:45 p.m., patient A.L. was diaphonic and his blood sugar was assessed, | 19. Shortly thereafter, patient A.L. was found unresponsive. Patient A.L. could not be resuscitated and was pronounced déad. : 20. Section 458.331(1)(t)1, Florida Statutes (2006), provides that committing medical malpractice constitutes grounds for disciplinary action by the Board of Medicine. Medical Malpractice is defined in Section 456.50, Florida Statutes (2006), to mean the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. For purposes of Section ‘| EAPSU\Mediasl\Neia\Medieal Cases\ Wells, 07-10505 MMA Gadot i Sep 14 2009 14:43 Sep 14 2009 14:99 P. 08 458.331(1)(t)1, Florida Statutes (2006), the Board shall give great weight to the provisions of Section 766,102, Florida Statutes, which provide that 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 al relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. : 21. Respondent committed medical malpractice by falling to practice medicine in accordance with the level of care, skill, and treatment which in ight-of airretevant-surrounding circumstances;is recognized as acceptable and appropriate by reasonably prudent similar health care providers in one or more of the following ways: (a) failing to timely and properly evaluate, monitor, treat and diagnose patient A.L’s bleeding/hemotoma around the biopsy site. (b) failing to instruct and/or order frequent monitoring and treatment of patient A.L’s vital signs and/or blood work after the CT scan evidenced bleeding around the biopsy site. , JAPSU\Madical\Naia\Medical Casea\Welis, 07-10505 MAC dot Sep 14 2009 14:43 Sep 14 2009 14:99 P.09 22, Based on the foregoing, Respondent has violated Section 458.331(1)(t)1, Florida Statutes (2006), by committing medical malpractice by failing to practice medicine in accordance with the 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. : WHEREFORE, the 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 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 22 dayof_/ViAY , 2008. i i“ REA: “ENT OF FIEALTH CLERK Ana M. Viamonte Ros, M.D., M.P.H. weer eg nee < State Surgeon General pate. Ca ZO g | by Kevin Neja [. r Assistant General/Counsel | DOH Prosecution Services Unit TAPSU\Medical\Neia\Medical Cases\Wella. 07-1 0505 (taCidor Sep 14 2009 14:44 Sep 14 2009 14:99 P.10 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0702129 (850) 245-4640 (850) 245-4681 FAX KGN/sdw PCP Date: May 30, 2008 PCP Members: El-Bahri, Davies, Long JAPSU\Medical\Neia\Madies] Cases\Wella. 07-10305 (VA Gadat Sep 14 2009 14:44 Sep 14 2009 14:99 P.11 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 andprosecution- of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed, JAPSU\Medical\Nela\Medical Cases\Wells, 07-10505 (OVAL dot

Docket for Case No: 09-005004PL