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P.07

STATE OF FLORIDA

DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO. 200l-27950

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ROGER L. GORl)ON, M.D.,

·RESPONDENT.

ARMI ISIRATIVE COMPI.MNJ

COMES NOW, Petitioner, Department of Health, by and\ through its

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undersigned counsel, and flies this Administrative Complaint\ before the

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Board of Medicine against Respondent, Roger L. Gordon, M D., and in

support thereof alleges:

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1. Petitioner is the state department charged with regulating the

   
   

   practice of medicine pursuant to Section 20.43, Florida Statut ; Chapter

   
   

   456, Florida Statutes; and Chapter 458, Florida Statutes.

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2. At all times material to this Complaint, Respond,nt was a

   
   

   lice.nsed physician within the State of Florida, having been issued license

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   number ME 82538.

   
   

   
   

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3. Respondent's address of record is 3800 Galt OceaniDrive, Suite

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   310, Fort Lauderdale, Florida 33308.

   
   

4. Respondent Is certified in General Surgery by th American

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   Board of Surgery and in Plastic Surgery by the American Boa ofPlastic

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   Surgery.

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5. At all times material to this complaint, Respondent worked as a

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   plastic surgeon at Florida Center for Cosmetic Surgery ("FC(:s") in Ft.

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   Lauderdale, Florida.

   
   

6. On or about July 2, 2004, Patient M.F., a 26-year-Qld female,

   presented to FCCS for an initial consultation wherein a physician pther than

   Respondent C'Physician A''). evaluated her for abdomlnal elastosif (sagging stomach).

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7. On or about July 9, 2004, Patient M.F. presented to fCCS, and

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   Respondent took a brief clinical history and performed a\ physical

   
   

   examination.

   
   

8. On or about July 9, 2004, Respondent perfo med an

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   abdominoplasty with plication of the rectus fascia (tightenin of the abdominal muscles) on Patient M.F.

   
   

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9. Respondent's operative report notes that Patient M.F. tolerated

   the procedure well, and Respondent's progress notes indicate Patient M.F.

   
   

   had an estimated blood loss of 500cc.

10. On or about July 9, 2004, Patient M:.'F. arrived irI , the FCCS recovery room at 5:25 p.m.

11. While in the recovery room, at 5:45 p.m., Patient M.F. received 50 mcg Fentanyl and 30 mg Toradol for pain.

12. Fentanyl is a narcotic analgesic used to relieve pain. Fent.anyl is

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    a Schedule II controlled substance, which has a high potentl I for abuse

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    and has a currently accepted but severely restricted medi I use in

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    treatment in the United States. Abuse of Fentanyl may lead to severe

    
    

    physical and psychological dependence.

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13. Toradol contains ketorolac, a non-steroidal anti-Inflammatory drug (NSAID). Toradol is used to relieve moderately severe pai . Toradol

    is commonly used with a narcotic pain reliever to reduce pain. \Toradol is

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    contra-indicated in all patients at risk of bleeding because it is\ a platelet

    
    

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    inhibitor.

    
    

    
    

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14. Patient M.F. was discharged from the facility at 6:2 p.m. on

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    July 9, 2004. At the time of discharge, Patient M.F. had no uri e output

    
    

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    desprte having received 2,800 cc of ;ntravenous fluids during: surgery and

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    recovery.

    
    

15. Patient M.F..'s caretaker, R.A., noted that Patient M.F. was

    groggy and looked extremely pale at the time of her discharge.(

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16. Respondent did not contact Patient M.fi on the evening of her

    discharge to monitor her progress.

    
    

17. On or about July 10, 2004, Patient M.F. awoke at 2:00 a.m.

    
    

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    unable to see, with her· eyes completely dilated. Patient M.t. began to

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    sway, then slumped forward and fainted. R.A. called 911, and Patient M.F.

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    was transported to the Holy Cross Hospital ("Holy Cross").

    
    

18. On or about July 10, 2004, Patient M.F. presented t!o the Holy

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    Cross Emergency Department (''ED") with a temperature of 9 degrees,

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    blood pressure of 90/49, a hemoglob;n count of 8.3, and a hematocrlt of

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      23.6.

      
      

19. On -or about July 10, 2004, at 4:13 a.rn., Patient! M.F. was

    
    

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    examined by the ED physician, who noted a large hematoma tI

    lower abdomen and hip.

    
    

    the left

    
    

    
    

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    DOM"· Roger L. on, M.D.

    OOH Case No. 2 -279SO

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20. Patient M.F. received blood transfusions an otherwise

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    recovered uneventfully. Patient M.F. was discharged on or atjout July 14,

    
    

    2004.

    
    

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21. Section 458.331(1){t), Florida Statutes (2004), ptovides that

    
    

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    gross or repeated malpractice or the failure to practice mediciitte with that

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    level of care, skill, and treatment which is recognized by ai reasonably

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    prudent similar physician as being acceptable under similar co ditions and

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    circumstances constitutes grounds for disciplinary action by the Board of

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    Medicine.

    
    

22. Respondent failed to practice medicine with that le el of care,

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    skill, and treatment which is recognized by a reascpnably pruct:ent similar

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    physician as being: acceptable under similar conditions and cirtjumstances in one or more of the following w_ays:

    a. failing to monitor Patient M.F. for ani adequate

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    period of time postoperatively when she had an intra-operative lood loss

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    of 500 cc;

    
    

    b.

    failing to contact Patient M.F. on the evening of her

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    discharge to monitor her progress;

    
    

    
    

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    D¢)H v. Roger L. Goi , M.D.

    . OOH Case No. 2Cf'•27950

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    c. prematurely discharging Patient M.F. when Toradol had been administered postoperatively.

23. Based on the foregoing, Respondent has vlol ted Section

458.331(1){t), Florida Statutes {2004), by failing to practice rfledicine with

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that level of care, skill, and treatment which is recognized by reasonably

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prudent similar physician as being acceptable under similar co ditions and

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circumstances in Respondent's treatment of Patient M.F. !

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WHEREFORE, the Petitioner respectfully req sts that e Board of

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Medicine enter an order imposing one or more of the followin penalties:

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permanent revocation or suspension of Respondent s license, r¢striction of

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practice, imposition of an administrative fine, issuance of a \reprimand,

placement of the Respondent on probation, corre ive action refund of

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fees billed or collected, remedial education and/or a11y other relief that the

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Board deems appropriate.

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DOH c.ase No. 2Q04-27950

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SIGNED thisday of  Wi.M-f. ,2007.

Ana M. Viamonte Ros, M.o.) M.P.H.

eta Department of Htalth

Patricia Nelson

Assistant General Counsel i

DOH Prosecution Services uh1t

4052 Bald Cypr Way, Bin[C-65 Tallahassee, FL 32399-3265 i Florida Bar No. 325790 : (850) 245-4640 ·

(850) 245-4680 'FAX

/PN

PCP: January 26, 2007

PCP Members: EJ;..Bahri, Winchest.er and Long

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DOH v. Roger L Go n. M.O.

DOH Cage No. 2 0-.-27950

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NOTICE OF RIGHTS

Responde11t has the right to request a _hear ng to be conducted in accordance with Section 1 0.569 an 120.57, Florida Statute ■, to be represented by coun•I or oth qualified representative, :to present evidence and aq,ument, call and cross•examine witnesses and to have subpbena and subpoena duces tecum issued on his or her behalf if a h ring is uested.

NOTICE REGARDING ASSESSMENT OF COSTS I

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Respondent is placed on notice that P•tioner ha Incurred costs related to!the·investigation and pro •tion of is matter. Pursuant to Section 456 072(4), Florida stat s, the ardshall assess costs related to the investigation a prosec tion of a disciplinary matter, which may include attor•y hours nd costs, on the Respondent in addition to any other di ipllne Im osed.

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D(i)H v. Roger L. Gorifon, M.D. DOH c.ase No.-20P4-21950

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Docket for Case No: 11-001599PL