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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v.

ADIB A. CHIDIAC, M.D.,

RESPONDENY.

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CASE NUM8ER 2007-13064

-COMeLAIN[

COMES NOW, Petitioner, Department of Health, by and t rough its

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undersigned counsel, and files this Administrative Complaint fore the Board of Medicine against the Respondent, Adib A. Chidiac, M.p., and in support thereof alleges:

1. Petitioner is the state department charged with reg lating 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 issu license number ME 43336.

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3. Respondent's current address of record is 2100 Easf Sample Road, #201, Lighthouse Point, Florida 33064.

   
   

4. Respondent is board-certified by the American rd of Obstetrics & Gynecology.

5. on or about December 14, 2006, Patient J.S., a tHirty-eight

   
   

   (38) year old femalet presented to the Respondent at the emergercy room

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   of Holy Cross Hospital (Holy Cross), Fort Lauderdale, Florida, complaining

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   of amenorrhea, pelvic pain, and vaginal pain. Amenorrhea is th absence

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   of a menstrual period in a woman of reproductive age.

   
   

6. On or about December 14, 2006, emergency rdOm staff

performed an ultrasound on Patient J.S. The ultrasot1,1nd revealeij a cystic

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mass on the left: ovary of Patient J.S. The ultrasound also rev aled that

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the uterus of Patient J.S. was empty.

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blood from Patient J.S. for a serum pregnancy test. The results df the test

reported Patient J.S. had a Beta hGC of 846. Human ichorionic gonadotropln (hCG) is a glycoprotein hormone produced in pregn ncy that

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is made by the embryo soon after conception. A Beta hCG of 846 is

consistent with pregnancy.

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1. Because of the hCG value and the ultrasound results, the

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   Respondent could not rule out an ectopic pregnancy, and Patie t J.S. was

   
   

   admitted overnight for observation. An ectopic pregnancy Is a

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   complication of pregnancy in which the fertilized ovum is implan ed in any

   
   

   tissue other than the uterine wall. An ectopic Jl)regnancy "hould be

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   followed closely by a treating physician because an embryo iimplanted

   elsewhere than the uterus can cause great tissue damage in its efforts to

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   reach a sufficient supply of blood.

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2. On or about December 16, 2006, the Respondent :ordered a

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   second blood serum test for Patient J.S. The test results retur ed a Beta hGC of 1645. This value confirmed Patient J.S. was pregrnant. No

   ultrasound was performed and Patient J.S. was discharged with

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   instructions from the Respondent to return for a blood seru,' ri test on December 20, 2006. A future ultrasound was not ordered.

3. On or about December 20, 2006, Patient J.S. presented to the

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   Respondent for a third blood serum test. The results returned al Beta hGC

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   of 3668. This v lue confirmed Patient J.S. was still pregnant. Despite the

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   Respondent's earlier concern of an ectopic pregnahcy, the R,spondent failed to order a second ultrasound for Patient J.S.

   
   

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4. On or about January 1, 2007, Patient J.S. presented at the

   
   

   emergency room of Holy Cross with abdominal pain, ncope, and vaginal bleeding. A fourth blood serum test was performed. The resul returned

   a Beta hGC of 13,306. This value confirmed Patient J!S. was still !pregnant.

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   An ultrasound revealed that the uterus of Patient J.S. was empty[ with free fluid in the abdomen suggestive of an ectopic pregnancy.

5. On or about January 1, 2007, the Respondent lected to

   
   

   proceed with mini laparotomy with a salpingectomy iif necessary. A mini laparotomy is a surgical incision into the groin. After exploration of the

   incision site, an ectopic pregnancy was found and a ;partial salp ngectomy

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   was performed. A salplngectomy is the surgical removal of the fallopian tube via laparotomy.

6. Section 458.331(1)(t), Florida Statutes (2006), subjects a

   
   

   physician to discipline for committing medical malpractice as efined in

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   Section 456.50. Section 456.50, Florida Statutes (2006) defin s medical

   
   

   malpractice as the failure to practice medicine in accordance with,

   the level

   
   

   of care, skill, and treatment recognized in general law related : to health

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   care licensure. LeveJ of care, sklll, and treatment recognized in g neral law related to health care licensure means the standard of care s cified in

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   Section 766.102. Section 766.102(1), Florida Statutes (2006) d'fines the

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   standard of care to mean ". . . . The prevailing professional st ndard of

   
   

   care for a given health care provider· shall be that level of care,: skill, and treatment which, in light of all relevant surrounding circums ances, is recognized as acceptable and appropriate by reasonably prud nt similar health care providers "

7. The Respondent committed medical malpractice as defined in

   
   

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   Section 456.50 and/or failed to practice· medicine in accordance with the

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   level of care, skill, and treatment which, in light of allI relevant surrounding

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   circumstances, is recognized as acceptable and apprc>priate by r asonably

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   prudent similar health care providers in one or more of the follow ng ways:

   
   

   1. By failing to order an ultrasound study of Patient J.S.' uterus on or about December 16, ' 2006 after blood tests confirmed a pregnancy.

   2. By failing to order an ultrasound study of 1

      
      

      Patient J.S.' uterus on or about December 20,

      
      

      ·2006 after blood tests confirmed a ptegnancy.

      
      

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8. Based on the foregoing, Respondent has violate Section

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458.331(1)(t), Florida Statutes (2006), by committing medical malpractice

as defined in Section 456.50 and/or by failing to practice medicine in

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accordance with the level of care, skill, and treatment which, in Ught of all relevant surrounding circumstances, is recognized as accep ble and appropriate by reasonably prudent similar health care providers. :

WHEREFORE, the Petitioner respectfully reque ts that the; Board of

Medicine enter an order imposing one or more of th following !penalties:

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permanent revocation or suspension of Respondent's license, retriction of

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practice, imposition of an administrative fine, Issuance of a r¢primand,

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placement of the Respondent on probation, correctJve action, :refund of fees billed or collected, remedial education and/or any other reliE,f that the Board deems appropriate.

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SIGNED this

27th day of        

_,,,_M-a.,ca..c...rc;_h

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,12009.

FILED

DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK R 8

DATE O• O•O/;f

CCT/tgc

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

State Surgeoh General :

cfu-tdo orres :: Assistant Ge,jleral Couns,1 DOH Prosec tion Services Unit

4052 Bald press Way, lBin C-65 Tallahassee, FL 32399-3-'65 Florida Bar If. 0479209 ;

(850) 245·4 40 ext. 813 - phone

(850) 245-4680 - fax

NPCP:

PCP Members:

March 27, 2009

El-Bahri, Nuss, & Levine

DOH vs. Adib A. Chidlac, M.D.

Case Number 2007-113064

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DOH vs. Adib A. Chidiac, M.D. Case Number 2007 13064

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NOTICE OF RIGHTS

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Respondent has the right to request a hearing o be con ucted in accordance with Section 120.569 and 120.57, Florida Statutts, to be represented by counsel or other qualified repre ntattve, t present

evidence and argument, to call and cross-examine Witnesses arid to have

subpoena and subpoena duces tecum Issued on his or her tkhalf if a

hearing is requested. '

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incutred costs related to the investigation and prosecution of this matter. Pursuant to

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Section 456.072(4), Florida Statutes, the Board shaU assess costs related to the investigation and prosecution of a disciplinary matter, which may

include attorney hours and costs, on the Respondent• in addition \any other discipline imposed. 1

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Docket for Case No: 11-001725PL