STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. ; CASE NO.:2009-15984 DENNIS A CORTES, M.D., | RESPONDENT, a 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, Dennis A, Cortes, 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 and was board certified in internal medicine having: been issued ficense number ME 66763. JAPSU\MadicaliRober Milne\Cases\Cortes ‘DS L5984\CORTES AC 040610.doc 1 30"d POLL Ol0Z 2 280 Sool ato z saq 3. | Respondent's address of record is PO. Box 821068, South Florida, Ro 33082. 4. On or about May 18, 2004, JK, a 66 year-old male, presented to Memorial Hospital Pembroke, Broward County, Florida, complaining of paltations, he was admitted by and came under the Respondent's care. 5. _ Respondent referred JK to both cardiology and pulmonary specialists on or about May 18, 2004, 6. A chest radiograph dated May 18, 2004, revealed evidence of fluid or mass lesion in the lateral aspect of the left chest extending into the left hilum, (Above and behind the cardiac impression is a triangular depression named the ‘hilum, where the structures which form the root of the lung enter and leave that organ). 7. Respondent's progress notes of May 19, 2004, States, “CXR pneumonia vs, mass” with a plan for a chest CT scan, 8, The pulmonary speciatist’s Progress notes of May 19, 2004, also comments on the chest radiograph’s left hilar abnormality and Respondent concurred in the chart with the Pulmonary specialist's “recommend to follow”, comment concerning the CT scan of JK’s chest. 9. On May 19, 2004, JK’s CT chest scan results showed: J.\PSU\Medical\Rabert Milne\Cases\Cortes 09-15984\CORTES AC 040610.doc 2 fod POtLL OlOe @ 78d so:0T Ode 2 Jaq “soft tissue density lateral aspect left upper lobe appearing to represent consolidation atelectasis, Resolution should be evaluated on interval follow up study”. 10, Atelectasis is defined as the lack of gas exchange within alveoii, due to alveolar collapse or fluid consolidation. 11. ! On May 20, 2004, Respondent wrote in JK’s progress notes “CT atelectasis with palpitations negative work up and discharge home” when in fact the abnormal x-ray results and CT scan concerning the lateral aspect of JK’s left lung needed to be followed up with a repeat CT scan. 12, | | Respondent neglected to advise both JK and Jk’s primary care physician that JK had an unresolved abnormality shown in the lateral aspect of his left lung that needed to be followed up with a repeat CT scan. 13. Respondent failed to either provide the diagnostic measures or a plan for follow Up to distinguish between fluid or mass lesion in the lateral aspect of JK’s left chest extending into the left hilum. 14, Subsequenty JK was evaluated and diagnosed with non small cell lung cancer in 2006 which was metastatic to the central nervous system. JK was treated with chemotherapy and: radiation therapy but SUCCUMDed to his metastic cancer on September 1, 2007, 2:\PSU\Medical\Robert Miine\Cases\Cortes 09-15984\CORTES ac 040610.doc : 3 80d GO:LL OloZ Z 280 Sool otoz z 2aq COUNT ONE 15. Paragraphs 1 through 14 are adopted and realleged as though fully set orth 16. Section 458, 331(1)(t), Florida Statutes (2003), provides that the gross OF repeated malpractice or the failure 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 ccumstafces | is grounds for discipline by the Board of Medicine. 17. _ Respondent failed to practice medicine with that level of care, skill, and eaten which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in one or more of the following ways: la. by neglecting to advise Patient 3K that JK had unresolved abnormal chest CT scan and X-ray results that required further follow UP, : b. by failing to provide the follow up diagnostic measures to distinguish between fluid or mass lesion in the lateral aspect of the left chest extending into the left hilum; i . J:\PSU\Medieal Robert Milne \Cases\Cortes 09-15984\CORTES AC (40610.doc Bo'd = S0FLL LOZ 2 980 Sool ato z saq C. by failing to complete an adequate follow up assessment of Ks condition in failing to distinguish between fluid or mass lesion in the lateral aspect of the left chest extending into the left hilum; ! d. by neglecting to advise Patient Jk’s Primary care ohysician that JK had an unresolved abnormal chest CT scan and X- ray t results that required further diagnostic screening; | e@. by failing to create an appropriate follow up plan for the evaluation and management of Jk’s condition; 18. ‘Based an the foregoing, Respondent has violated Section 458,331( 1\(t), Florida Statutes (2003). , COUNT TWO 19, Paragraphs 1 through 14 are adopted and realleged as though fully set fort, 20. Section 458.331(1)(m), Florida Statutes (2003), subjects a licensee to disciptine for failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure J.\PSU\Medical\Robert Milne\Cases\Cortes O8-15984\CORTES AC 040610.doc Ei Ol'd GSOtLL Oboe @ 78q 90:01 OT0¢ 2 Jaq and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospkalzations 21. | On May 20, 2004, Respondent wrote in Jk’s progress notes “CT atelectasis, with palpitations negative work up and discharge home” when in fact the abnormal x-ray results and CT scan concerning the lateral . aspect of x $ left lung! needed to be followed up with a repeat CT sean. 22, | Based on the foregoing Respondent has violated section 458.33191)(m), Florida Statutes (2003). WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter 8n 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, placernent 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. J:\PSU\Medical\Robert Milne\Cases\Cortes O9-15984\CORTES AC 040610.doc 6 | Lhd GO-LL OlOe @ 78d 90:01 OT0¢ 2 Jaq Assistant General Counsel ’ Florida Bar # 622338 DOH Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399- 3265 (850) 245-4640 Office (850) 245-4681 Facsimile ENT OF HEALTH DEPARTUE CLERK Encl: Article 1 . ag ahi, Nulline PCP Members: HC - Balu, M PCP: Chorct, 1420/0 J\PSU\Medical\Robert Mine\Cases\Cortes 09-15984\CORTES AC 040610.dec zL'd Q07LL olnz 2 28g 90:01 o10Z Zz saq

Docket for Case No: 10-010471PL