SATE OF PORIDA EPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, , Vv. , CASE NO.: 2007-34659 EUGENIO RODRIGUEZ, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Eugenio Rodriquez 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 ail times material to this Complaint, Respondent was a ‘icensec physician within the State of Florida faving been issued sé number ME 51796, COE Eugenia Rad: quer MOTD 2097 34ase Page 90"d GOL One 2 aq 90:6 Ode 2 Jaq SESDOMOENTES ECdIESS Oo recerg ig ELBE Linton Biva, Suite Ag, Deiray Beach, Floride 33846. 4 On or about Apri} 17, 2007, Patient A. R., a 91 year old male presented to Delray Medical Center, with an advanced decubitus ulcer (bedsore) in his back. 5, Patient A.R. was evaluated by the emergency room physician and was referred for the urgent surgical debridement of the bedsore. Debridement is the removal of foreign material and/or devitalized tissue from the vicinity of a wound, 6 On or about April 17, 2007 at or around 4.15 p.m. that day Respondent accepted the surgical consult and ordered a bedside Irrigation and Debridement tray for treatment. ‘However Respondent failed to see Patient A.R, until April 20, 2007, (approximately 75. hours after Respondent accepted the consult). 7 When Respondent saw Patient A.R. on Aprit 20, 2007, he diagnosed Patient A.R. with a large infected decubitus ulcer and debrided ‘the decubitus ulcer, fO‘d 9070 OlOe @ 78d 90:6 oO10¢ @ Jay GA reasonable crucer cuniler BAYSiQel, would nave examined and treated Patient A, . in jess time then 75 hours after accepting the consult. 9, Section 458.331(1)(t), Florida Statutes (2007), subjects a doctor to discipline for committing medical malpractice as defined in section 456.50. ‘Section 456.50, Florida Statutes (2007), defines medica malpractice as the failure to practice medicine in accordance with ihe level of care, skill, and treatment recognized in general jaw related to health care licensure, 10, 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 (2007), 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 aporopriate by reasonably prudent similar health care providers. , ,” il. Respondent failed to meet the prevailing standard of care i regard to Patient AR, oy falling to treat Patient 4.8. for s larce DOr v Eugenio Rod fue2 WUD BG07-1aes Page 5 SO‘d 9O-0L Olde @ 749 90:6 Ode 2 Jaq ter FS urs after Respondent first accepted che consuit. ‘12. Based upon the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2007), by committing medical malpractice, 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 Wicense, restriction of practice,- imposition of an administrative fine, ssuance 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. s0‘d 300k oloz z 280 90:6 Olde 2 Jaq ve I iF F SIGNED thie 7 gay o 2008. Robert A, Milne Assistant General Counse| DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C- “65 ons pe Tallahassee, FL 32399-3265 aie Florida Bar # 662338 erate OE REALE 850.245.4640 Telephone TY CLBRK ’ CLERK: KX 850.245.4681 Fax DATE ‘ , PCP: May 30, 2008 PCP Members: El-Bahri, Davies & Long Ol'd 9070 OlOe @ 789 90:6 Ode 2 Jaq

Docket for Case No: 10-010470PL