STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2009-17107 WILLIAM H. HASS, M.D., RESPONDENT. ee ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, William H. Hass, M.D., and in support thereof alleges: 1. Petitioner is the state agency 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, having been issued license number ME 69740 3. Respondent's address of record is 1315 Lakeview Avenue, Pensacola, Florida 32403. Filed May 15, 2012 12:36 PM Division of Administrative Hearings 4. At all times material this Complaint, Respondent was a board certified anesthesiology. 5. On or about July 17, 2009, Patient DJ, a 30 year old male, presented to Pace.Ambulatory Surgery Center to undergo a left shoulder arthroscopy, acromioplasty and rotator cuff repair. Respondent was the anesthesiologist assigned to provide anesthesia to the patient during the surgical procedure. 6. On or about June 17, 2009, at 7:35 a.m., during the pre- operative procedure, a nurse administered Ancef 1 gm, to Patient DJ. 7. At or about 7:46 a.m., Patient DJ complained of shortness of breath and then, began to have a seizure. 8. Respondent connected the blood pressure tube to the IV line rather than connecting the blood pressure tube to the blood pressure cuff. 9. Respondent began positive pressure ventilation with oxygen using the anesthesia circuit and requested that a nurse administer Propofol 100 mg. 10. Respondent disconnected the blood pressure tubing from the IV line. 11. Respondent requested that a nurse administer succinylcholine 120 mg and then, intubated the patient. 12. Subsequently, the patient did not have a pulse and Respondent began cardiopulmonary resuscitation (CPR) which is performed in an effort to preserve brain function until further measures are taken to restore breathing in a person in cardiac arrest. 13. During CPR, Respondent failed to administer Benadryl, steroids or an H2 blocker to treat a possible anaphylactic reaction or shock. 14. Respondent failed to maintain medical records sufficient to reflect the patient’s vital signs or the treatment provided by Respondent to Patient DJ. COUNT ONE 15. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Section 458.331(1)(m), Florida Statutes (2009), provides that 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 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 hospitalizations constitutes grounds for disciplinary action by the Board of Medicine. 17. Respondent failed to keep legible medical records that identified the treatment provided to Patient DJ by failing to document one or more of the following: a. Arecord of the treatment Respondent provided to Patient DJ; or b. A record of the vital signs for Patient DJ. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2009), by failing to keep legible medical records that identify the licensed physician who was responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure 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 hospitalizations. COUNT TWO 19. Petitioner realleges and incorporates paragraphs one (1) through fourteen (14) as-if fully set forth herein. 20. Section 458.331(1)(t)1., Florida Statutes (2009), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50(1)(g), Florida Statutes (2009), defines 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 care licensure. 21. 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 (2009), 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 appropriate by reasonably prudent similar health care providers... .” 22. Respondent failed to meet the prevailing standard of care in regard to patient DJ in one or more of the following ways: a. By connecting the blood pressure tubing to the IV line; or b. By failing to administer Benadryl, steroids or an H2 blocker to treat a possible anaphylactic reaction or shock. 23. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2006), 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 license, restriction of practice, imposition of an administrative fine, issuance 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 appro priate SIGNED this tan day of Aucpusk> 2011. H. Frank Farmer, Jr, MD, PhD, FACP State ° a General _ ae Yolohda Y. Green, Esq. Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0738115 (850) 245-4640, Ext. 8128 (850) 245-4681 FAX _f LED "”ARTM sr Seen CLERK: S2 vedo, Sh YYG DATE: _AUG 3 2 9917 PCP: August 19, 2011 PCP Members: Leon, Goersch, Elsinatti DOH v. William H. Hass, M.D. CASE NO. # 2009-17107 DOH v. William H. Hass, M.D. CASE NO. # 2009-17107 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 and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 12-001707PL