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DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs DOUGLAS FRANK DEORCHIS, M.D., 14-006044PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-006044PL Visitors: 24
Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DOUGLAS FRANK DEORCHIS, M.D.
Judges: F. SCOTT BOYD
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Dec. 22, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 14, 2015.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, We CASE NO.: 2013-12268 DOUGLAS FRANK DEORCHIS, 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 the Respondent, Douglas Frank DeOrchis, 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 102404. DOH vs. DOUGLAS FRANK DEORCHIS, M.D., CASE NO, 2013-12268 t 3. Respondent's address of record is 951 NW 13" Street, Suite 1C, Boca Raton, Florida 33486. 4. Respondent is board certified in Diagnostic Radiology and Vascular and Interventional Radiology by the American Board of Radiology. 5. On or about December 16, 2012, Patient R.C., a seventy-three (73) year old female, was transported by ambulance to the Emergency Department Boca Raton Regional Hospital after a fall at home. 6. A CT scan of Patient R.C’s thoracic spine revealed mild to moderate compression fractures of the T7 and T12 vertebrae. 7. On or about December 17, 2012, Patient R.C. was admitted to Boca Raton Regional Hospital for further evaluation and treatment. 8. On or about December 17, 2012, an MRI of Patient R.C’s thoracic spine revealed an insufficiency fracture of Ti2 vertebra and an old compression fracture at T7. 9. On or about December 18, 2012, Patient R.C. signed an Authorization for Diagnostic Therapeutic Procedure/Operation for a T12 vertebroplasty to be performed by the Respondent. 10. Respondent performed vertebroplasty on Patient R.C’s Til vertebra (wrong site) instead of the T12 vertebra (correct site), DOH vs, DOUGLAS FRANK DEORCHIS, M.D., CASE NO, 2013-12268 2 COUNT I 11. Petitioner realleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 456.072(1)(bb), Florida Statutes (2012), provides that performing or attempting to perform health care services (including the preparation of the patient) on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition is grounds for disciplinary action by the Board of Medicine. 13. Respondent performed a wrong-site procedure by performing vertebroplasty on Patient R.C’s T11 vertebra, on or about December 18, 2012. 14, Based on the foregoing, Respondent has violated Section 456.072(1)(bb), Florida Statutes (2012), by performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition. DOH vs. DOUGLAS FRANK DEORCHIS, M.D., CASE NO. 2013-12268 3 WHEREFORE, the 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. , . SIGNED this _2\" day of _ vearch 2014 FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK ANGEL SANDERS DATE MAR 2-4 2014 _ JPR PCP: March 21, 2014 John H. Armstrong, MD and FACS Surgeon General and Secretary of Health Assistant General Counsel DOH, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No. 95291 Telephone: (850) 245-4444 ext. 4661 Facsimile: (850) 245-4681 Email: Patrick.Reynolds@flhealth.gov PCP Members: Georges El-Barhi, M.D., Merle P. Stringer, and Brigitte Goersch DOH vs, DOUGLAS FRANK DEORCHIS, M.D., CASE NO, 2013-12268 4 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 any other discipline imposed. DOH vs, DOUGLAS FRANK DEORCHIS, M.D,, CASE NO. 2013-12268 5

Docket for Case No: 14-006044PL
Issue Date Proceedings
Apr. 14, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 13, 2015 Petitioner's Amended Motion to Relinquish Jurisdiction filed.
Apr. 13, 2015 Petitioner's Motion to Relinquish Jurisdiction filed. Filed in error.
Apr. 09, 2015 Order Granting Motion to File Second Amended Administrative Complaint.
Apr. 08, 2015 Motion for Leave to File Second Amended Administrative Complaint filed.
Mar. 03, 2015 Notice of Serving Petitioner's Second Request for Admissions filed.
Feb. 26, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 14 and 15, 2015; 9:00 a.m.; Lauderdale Lakes, FL).
Feb. 23, 2015 Order Granting Motion to Amend Administrative Complaint.
Feb. 23, 2015 Amended Adminstrative Complaint filed.
Feb. 23, 2015 Motion For Leave to File Amended Administrative Complaint filed.
Feb. 13, 2015 Petitioner's Notice of Serving Amended Answers to Respondent's Interrogatories filed.
Feb. 10, 2015 (Respondent's) Notice of Conflict filed.
Feb. 09, 2015 Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories filed.
Feb. 04, 2015 (Respondent's) Amended Response to Request for Admissions filed.
Feb. 04, 2015 Respondent's Notice of Serving Verified Answers to Petitioner's First Set of Interrogatories filed.
Jan. 29, 2015 Response to Request For Admissions filed.
Jan. 29, 2015 Response to First Request for Production filed.
Jan. 29, 2015 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Jan. 20, 2015 Notice of Appearance of Co-Counsel (Chad Dunn) filed.
Jan. 09, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 31 and April 1, 2015; 9:00 a.m.; Fort Lauderdale, FL).
Jan. 08, 2015 Douglas Frank DeOrchis, M.D.'s Interrogatories to Petitioner, Department of Health filed.
Jan. 07, 2015 Respondent's Motion for Continuance of Final Hearing filed.
Jan. 02, 2015 Notice of Hearing (hearing set for January 29 and 30, 2015; 9:00 a.m.; Fort Lauderdale, FL).
Jan. 02, 2015 Order of Pre-hearing Instructions.
Dec. 29, 2014 Notice of Serving Petitioner's First Request for Admissions, First Request for Production, and First Set of Interrogatories filed.
Dec. 29, 2014 Joint Response to Initial Order filed.
Dec. 22, 2014 Petitioners Notice of Appearance (Jay Patrick Reynolds) filed.
Dec. 22, 2014 Initial Order.
Dec. 22, 2014 Election of Rights filed.
Dec. 22, 2014 Administrative Complaint filed.
Dec. 22, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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