Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DAVID MING PON, M.D.
Judges: LISA SHEARER NELSON
Agency: Department of Health
Locations: Leesburg, Florida
Filed: May 14, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 17, 2014.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
Ve ; CASE NO. 2010-11590
DAVID MING PON, M.D.,
RESPONDENT.
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through its undersigned
counsel, files this Administrative Complaint before the. Board of Medicine
against Respondent, David Ming Pon, 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 58295.
3. Respondent's address of record is 601 East Dixie Avenue, Suite
1003, Leesburg, Florida 34748.
4. At all times material to this Complaint, Respondent was Board
certified in Ophthalmology.
5. At all times material to this Complaint, Respondent provided
ophthalmologic care and treatment to patients E.S., J.W., and R.S.
6. At all times material to this Complaint, Respondent diagnosed
patients E.S., J.W., and R.S. with wet macular degeneration.
7. Wet macular degeneration is caused by abnormal blood vessel
growth in the eye, which leads to loss of vision from bleeding, leaking, and
scarring.
8. Patients E.S., J.W., and R.S. did not provide subjective
complaints such as significant vision reduction for a diagnosis of wet
macular degeneration.
~ 9. Patients E.S., J.W., and R.S. did not exhibit objective findings -
such as hemorrhages and exudates for a ‘diagnosis of wet macular
degeneration.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 2
10. Fluorescein angiograms of patients E.S., J.W., and R.S. did not
reveal sub-retinal neovascularization for a diagnosis of wet macular
degeneration.
11. Respondent treated patients ES., J.W., and RS. for
Respondent's diagnoses of wet macular degeneration with micro pulse
laser, at a frequency of 810 nm.
12. The standard of care required that Respondent perform .
complete histories and physical examinations of patients E.S., J.W., and
R.S., and obtain test results showing sub-retinal neovascularization, in
order to make evidence based diagnoses of wet macular degeneration, and
not treat patients E.S., J.W., and R.S. with micro pulse laser as provided.
FACTS SPECIFIC TO PT. E.S.
13. Respondent provided care and treatment to patient E.S. from
on or about June 8, 2006, to on or about September 1, 2009.
7 14. Beginning on or about June 15, 2006, and continuing until on
or about August 11, 2009, Respondent treated patient E.S. with laser
photocoagulation for Respondent's diagnosis of wet macular degeneration.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 3
COUNT I — PT. E.S,
15. Petitioner re-alleges paragraphs one (1) through fourteen (14)
as if fully set forth herein. .
| 16. Section 458.331(1)(t), Florida Statutes (2007-2009), provides
that committing medical malpractice as defined in Section 456.50, Florida
Statutes, constitutes grounds for disciplinary action by the Board of
Medicine. The Board shall give great weight to the provisions of Section
766.102, Florida Statutes, when enforcing Section 458.331(1)(1, Florida
- Statutes. 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. Section 766.102, Florida Statutes, 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.
17. Respondent failed to practice medicine with that level of care,
skill and treatment which, in light of all relevant surrounding
circumstances, is recognized as acceptable and appropriate by reasonably
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 4
_ prudent similar health care providers in violation of Section 458.331(1)(t),
Florida Statutes (2007-2009), in the care and treatment of patient E.S. in
one or more of the following ways:
a. By diagnosing wet macular degeneration without
subjective complaints for the diagnosis;
b. By. diagnosing wet macular | degeneration without —
objective findings for the diagnosis;
Cc. By treating patient E.S. for wet macular degeneration
without medical justification;
d. By ordering unwarranted tests; and/or
e. By treating patient E.S. with micro pulse laser as provided
without medical justification.
i8. Based on the foregoing, Respondent has violated Section
458.331(1)(0), Florida Statutes (2007-2009), by committing medical
malpractice.
COUNT Il — PT. E.S.
19. Petitioner re-alleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set forth herein.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 ; 5
20. Section 458.331(1)(m), Florida Statutes (2007-2009), subjects
a licensee to discipline 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
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.
21. On or about the date set forth above, Respondent failed to
keep medical records that justified the course of treatment of patient E.S. |
in one or more of the following ways: |
a. By failing to document a complete medical history;
b. By failing to document adequate physical examinations;
OG By failing to document sufficient test results for a
diagnosis of wet macular degeneration; and/or
d. By failing to document sufficient findings to justify the
diagnosis and treatment provided to patient E.S.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 6
22. Based on the foregoing, Respondent violated Section
458.331(1)(m), Florida Statutes (2007-2009), by failing to keep medical
records that justified the course of treatment of patient E.S.
COUNT It — PT. E.S.
23. Petitioner re-alleges paragraphs one (1) through fourteen (14)
as if fully set forth herein. |
24. Section 458.331(1)(n), Florida Statutes (2007-2009), subjects a
licensee to discipline for exercising influence on the patient or client in such
a manner as to exploit the patient or client for financial gain of the licensee
or of a third party, which shall include, but not be limited to, the promoting
or selling of services, goods, appliances, or drugs.
25. Respondent exercised influence on patient E.S. by diagnosing
E.S. with wet macular degeneration in the absence of subjective complaints
and/or objective findings, and exploited patient E.S. for financial gain by
providing and billing for medical services including fluorescein angiography
and micro pulse laser treatment for the diagnosis of wet macular
degeneration.
DOH v. David Ming Pon, M.D. :
Case Number 2010-11590 7
26. Based on the foregoing, Respondent violated Section
458.331(1)(n), Florida Statutes (2007-2009), in his care and treatment of
patient E.S.
FACTS SPECIFIC TO PT. J.W.
27. Respondent provided care and treatment to patient J.W. from
on or about March 26, 2008 to on or about November 17, 2009.
28. Beginning on or about August 17, 2008, and continuing until on
or about November 17, . 2009, Respondent treated patient
J.W. with laser photocoagulation for Respondent's diagnosis of wet macular
degeneration.
COUNT IV — PT. 1.W.
29. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and twenty-seven (27) through twenty-eight (28) as if fully set forth
herein. .
: 30. Section 458.331(1)(t), Florida Statutes (2007-2009), provides
that committing medical malpractice as defined in Section 456.50, Florida
Statutes, constitutes grounds for disciplinary action by ‘the Board of —
Medicine. The Board shall. give great weight to the provisions of Section
766.102, Florida Statutes, when enforcing Section 458.331(1)(t), Florida
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 . 8
Statutes. 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. Section 766.102, Florida Statutes, 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. |
31. Respondent failed to practice medicine with 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 in violation of Section 458.331(1)(0,
Florida Statutes (2007-2009), in the care and treatment of patient J.W. in
one or more of the following ways:
- a. By diagnosing wet macular degeneration without
subjective complaints for the diagnosis;
b. By diagnosing wet macular degeneration without
_ objective findings for the diagnosis;
DOH v. David Ming Pon, M.D. .
Case Number 2010-11590 . 9
C. By treating patient J.W. for wet macular degeneration
without medical justification;
d. _ By ordering unwarranted tests; and/or
e. By treating patient J.W. with micro pulse laser as
provided without medical justification.
32. Based on the foregoing, Respondent has violated Section
458.331(1)(t), Florida Statutes (2007-2009), by committing medical
maipractice. |
COUNT V — PT. 3.W.
33. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and twenty-seven (27) through twenty-eight (28) as if fully set forth
herein. . .
34. Section 458.331(1)(m), Florida Statutes (2007-2009), subjects
a licensee to discipline 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
and that justify the course of treatment of the patient, including, but not
DOH v. David Ming Pon, M.D. : .
Case Number 2010-11590 10
limited to, patient histories; examination results; test results; records of
drugs prescribed, dispensed, or administered; and reports of consultations
and hospitalizations.
35. On or about the date set forth above, Respondent failed to
keep medical records that justified the course of treatment of patient J.W.
in one or more of the following ways:
a. By failing to document a complete medical history;
b. By failing to document adequate physical examinations;
c. By failing to document sufficient test results for a
diagnosis of wet macular degeneration; and/or
d. By failing to document sufficient findings to justify the
| diagnosis and treatment provided to patient J.W.
36. Based on the foregoing, Respondent violated Section
458.331(1\(m), Florida Statutes (2007-2009), by failing to keep medical
records that justified the course of treatment of patient J.W.
COUNT VI — PT. J.W:
37. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and twenty-seven (27) through twenty-eight (28) as if fully set forth
herein.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 1
38. Section 458.331(1)(n), Florida Statutes (2007-2009), subjects a
licensee to discipline for exercising influence on the patient or client in such
a manner as to exploit the patient or client for financial gain of the licensee
or of a third party, which shall include, but not be limited to, the promoting
or selling of services, goods, appliances, or drugs.
39. Respondent exercised influence on patient J. W. by diagnosing
j.W. with wet macular degeneration in the absence of subjective
complaints and/or objective findings, and exploited patient J.W. for
financial gain by providing and billing for medical services including
fluorescein angiography and micro pulse laser treatment for the diagnosis
of wet macular degeneration.
40. Based on the foregoing, Respondent violated Section
458.331(1)(n), Florida Statutes (2007-2009), in his care and treatment of
patient J.W.
- FACTS SPECIFIC TO PT. R.S.
41. Respondent provided care and treatment to patient R.S. from
on or about December 21, 2006 to on or about April 17, 2009.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 12
42. Beginning on or about December 22, 2006, and continuing until!
on or about April 6, 2009, Respondent treated patient R.S. with laser
photocoagulation for Respondent's diagnosis of wet macular degeneration.
COUNT VII — PT. R.S.
43. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and forty-one (41) through forty-two (42) as if fully set forth herein.
44. Section 458.331(1)(t), Florida Statutes (2007-2009), provides
that committing medical malpractice as defined in Section 456.50, Florida
Statutes, constitutes grounds for disciplinary action by the ‘Board of
Medicine. The Board shall give great weight to the provisions of Section
766.102, Florida Statutes, when enforcing Section 458.331(1)(0), Florida —
Statutes. 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. Section 766.102, Florida Statutes, 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 al relevant surrounding =
circumstances, is recognized as acceptable and appropriate by reasonably
prudent similar health caré providers.
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 : 13
45. Respondent failed to practice medicine with that level of care,
skill and treatment which, in light of ail relevant surrounding
circumstances, is recognized as acceptable and appropriate by reasonably
prudent similar health care providers in violation of Section 458.331(1)(t),
Florida Statutes (2007-2009), in the care and treatment of patient R.S. in
one or more of the following ways:
a. By. diagnosing wet macular degeneration without
subjective complaints for the diagnosis; |
b. By diagnosing. wet macular degeneration without
objective findings for the diagnosis;
c. By treating patient R.S. for wet macular degeneration
without medical justification;
d. By ordering unwarranted tests; and/or .
e. _ By treating patient R.S. with micro pulse laser as provided
without medical justification.
46. Based on the foregoing, Respondent has violated Section
458.331(1)(t), Florida Statutes (2007-2009), by committing medical
malpractice.
DOH v, David Ming Pon, M.D.
Case Number 2010-11590 14
COUNT VITI — PT. R.S,
47. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and forty-one (41) through forty-two (42) as if fully set forth herein.
48. Section 458.331(1)(m), Florida Statutes (2007-2009), subjects —
a licensee to discipline 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 |
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. |
. 49, On or about the date set forth above, Respondent failed to
keep medical records that justified the course of treatment of patient R.S.
in one or more of the following ways:
a. _ By failing to document a complete medical history;
b. By failing to document adequate physical examinations;
"DOH v. David Ming Pon, M.D.
Case Number 2010-11590 15
c. By failing to document sufficient test results for a
. diagnosis of wet macular degeneration; and/or
d. By failing to document sufficient findings to justify the
diagnosis and treatment provided to patient R.S.
50. Based on the foregoing, Respondent violated Section
458,331(1)(m), Florida Statutes (2007-2009), by failing to keep medical
‘records that justified the course of treatment of patient R.S.
COUNT IX — PT. R.S. |
51. Petitioner re-alleges paragraphs one (1) through fourteen (14)
and forty-one (41) through forty-two (42) as if fully set forth herein.
52. Section 458.331(1)(n), Florida Statutes (2007-2009), subjects a
licensee to discipline for exercising influence on the patient or client in such
a manner as to exploit the patient or client for financial gain of the licensee
or of a third party, which shail include, but not be limited to, the promoting
or selling of services, goods, appliances, or drugs.
53. Respondent exercised influence on patient R.S. by diagnosing
R.S. with wet macular degeneration in the absence of subjective
complaints and/or objective findings, and exploited patient R.S. for
financial gain by providing and billing for medical services including
DOH v. David Ming Pon, M.D.
Case Number 2010-11590 16
fluorescein angiography and micro pulse laser treatment for the diagnosis
of wet macular degeneration.
54. Based on the foregoing, Respondent violated Section
458.331(1)(n), Florida Statutes (2007-2009), in his care and treatment of
patient R.S. .
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 the Respondent on probation, corrective action, refund of
fees billed or collected, remedial education and/or any other relief that the
Board deems appropriate.
[Signatures are on the following page.]
BOH v. David Ming Pon, M.D.
Case Number 2010-11590 17
SIGNED this /5 day of _/|Leeuti _, 2013.
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
cierk: Bridget Cocter
DATE: SA~/o-1Aa
JBF/ks
PCP Date: December 13, 2013
John H. Armstrong, MD, FACS
Surgeon General & Secretary
?
Fricke, Jr.
ant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
- Florida Bar No.: 0901910
(850) 245-4444 Business
(850) 245-4684 Facsimile
john. frickejr@flhealth.gov
PCP Members: Dr. Ashkar, Dr. Lage, and Ms. Tootle
DOH v. David Ming Pon, M.D.
Case Number 2010-11590
18
Docket for Case No: 14-002208PL
Issue Date |
Proceedings |
Jul. 17, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 16, 2014 |
(Petitioner's) Motion to Relinquish Jurisdiction filed.
|
May 21, 2014 |
Order Placing Case in Abeyance and Requiring Status Report (parties to advise status by July 21, 2014).
|
May 21, 2014 |
Respondent's Reply to Petitioner's Opposition to Respondent's Motion to Abate Proceeding Pending Outcome of Criminal Matter filed.
|
May 20, 2014 |
Petitioner's Opposition to Motion to Abate filed.
|
May 20, 2014 |
Notice of Appearance of Co-Counsel (Jay Patrick Reynolds) filed.
|
May 20, 2014 |
Notice of Appearance (John B. Fricke, Jr.) filed.
|
May 19, 2014 |
Respondent's Motion to Abate Proceeding Pending Outcome of Criminal Matter filed.
|
May 15, 2014 |
Initial Order.
|
May 14, 2014 |
Election of Rights filed.
|
May 14, 2014 |
Administrative Complaint filed.
|
May 14, 2014 |
Agency referral filed.
|