STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

Petitioner,

v. CASE NO. 2008-19891

FERNANDO J. RIVERA, 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, Fernando J. Rivera, 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, having been issued license number ME 88276.

   
   

   Filed May 17, 2012 1:53 PM Division of Administrative Hearings

3. Respondent's address of record is 3201 N.E. 183rd Street, #307, Aventura, Fl 33160.

4. On or about July 17, 2008, Patient A.W., a 25 week pregnant 19

   
   

   year-old female, presented to St. Mary's Medical Center Emergency Room ("ER'') complaining of an aching, sharp, continuous headache and stiff neck for 12-13 hours prior to coming to the ER.

5. On or about July 17, 2008, a CT scan without contrast was performed on Patient A.W.'s brain which Respondent incorrectly read as negative.

6. A spinal tap was performed on Patient A.W. and the fluid collected was bloody.

7. Patient A.W. was admitted for a meningitis work up by infectious disease and was hospitalized for two days, treated with antibiotics and discharged.

8. On or about July 28, 2008, Patient A.W. presented to the ER via Emergency Services after suffering a witnessed seizure and was unresponsive with pupils fixed and dilated.

9. A CT of Patient A.W.'s brain revealed a large hemorrhage in all ventricles of the brain. Patient A.W. was admitted to ICU and a subsequent

   brain flow scan confirmed brain death. Patient A.W. was removed from life support.

10. The original CT scan performed on Patient A.W. on or about July 17, 2008, was re-examined and it was discovered that the CT scan had been misread by Respondent. The original CT scan showed evidence of an intracerebral hemorrhage.

11. Respondent incorrectly diagnosed Patient A.W.'s condition based on the CT performed on July 17, 2008.

12. Respondent failed to adequately or accurately assess Patient A.W.'s condition on July 17, 2008.

13. Section 458.331(1)(t)·, Florida Statutes (2008), provides that

    
    

    committing medical malpractice constitutes grounds for disciplinary action by the Board of Medicine. Medical malpractice is defined in Section 456.50, Florida Statutes, 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. For purposes of Section 458.331(1)(t), the Board shall give great weight to the provisions of Section 766.102, which provides that 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.

14. Respondent failed 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 circumstances in one or more of the following ways:

    1. By misreading the CT scan performed on Patient A.W. on or about July 17, 2008.

    2. By failing to appropriately diagnose Patient A.W.'s conditions on or about July 17, 2008.

15. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2008), by committing medical malpractice.

WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement 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.

onte Ros M.D., M.P.H. n Ge

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PCP:

24, 2009

anay J. ill r, II Assistant General Counsel

DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0028147

(850) 245-4640, Ext. 8230

(850) 245-4681 FAX

PCP Members: El-Bahri & Tucker

FILED

DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK:

DATE 7/2-7(a,5

Fernando J. Rivera, M.D., Case No. 2008-19891

Docket for Case No: 12-001834PL