Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: ROBERT L. HOOD, M.D.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: Orlando, Florida
Filed: Jun. 15, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 8, 2015.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
Vv. CASE NO.: 2013-01579
ROBERT L. HOOD, M.D.,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health files this Administrative Complaint
before the Board of Medicine against Respondent Robert L. Hood, 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 65749,
3. Respondent's address of record is 131 SW 15" Street, Ocala, Florida
34474,
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
4. On or about November 24, 2009, and on or about November 25, 2009,
Patient C.H. presented to the Emergency Department of Timber Ridge
Medical Center (hereinafter “Timber Ridge E.R.”). Patient C.H.’s medical
records indicate that she presented with complaints of back and chest
pain. Patient C.H. was discharged on both dates.
5. On or about November 27, 2009, Patient C.H. again presented to the
Timber Ridge E.R. Patient C.H. presented with complaints of back pain
and shortness of breath and reported bilateral leg weakness and
difficulty ambulating.
6. Respondent treated Patient C.H. during her November 27, 2009, visit to
the Timber Ridge E.R., ultimately:diagnosing Patient C.H. with non-
specific back pain and discharging her.
7. On or about November 28, 2009, Patient C.H. presented to the
Emergency Department of Ocala, Regional Medical Center (hereinafter
“Ocala Regional”). C.H. was admitted to Ocala Regional and ultimately
diagnosed with a spinal cord abscess.
8. The prevailing professional standard of care required Respondent to
treat Patient C.H. in the following manner:
a. Obtain a complete history of the patient;
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
LAV diye bh.
b, Ask the patient about her symptoms, including but not limited
to muscular weakness, numbness, bowel and bladder function,
shortness of breath, and fever:
c. Perform a complete neurological examination of the patient;
d. Have the patient ambulate;
»
e. Perform a complete back examination of the patient;
f. Perform a complete rectal examination of the patient;
g. Assess the patient for chest pain and associated symptoms;
h. Recheck the patient’s pulse oxygenation;
i. Order an electrocardiogram, labs, and a chest x-ray for the
patient;
j. Admit the patient for aifull:cardiopulmonary workup.
9. Respondent failed to obtain, or failed to create or maintain
documentation of obtaining, a complete history of Patient C.H.
10. Respondent failed to create or,maintain documentation of pertinent
positives and negatives from the review of systems of Patient C.H.
11. Respondent failed to ask, or failed to create or maintain
documentation of asking, Patient C.H» about her symptoms, including
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
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eetubse
but not limited to muscular weakness, numbness, bowel and bladder
function, shortness of breath, and fever.
12. Respondent failed to perform, or failed to create or maintain
documentation of performing, a complete neurological examination of
Patient C.H.
13. Respondent failed to have Patient C.H. ambulate, or failed to create
or maintain documentation of having Patient C.H. ambulate.
14. Respondent failed to perform, or Failed to create or maintain
documentation of performing, a complete back examination of Patient
CH.
15. Respondent failed to perform; or. falled to create or maintain
documentation of performing, a complete rectal examination of Patient
C.H.
16. Respondent failed to assess, ob failed: ito create or maintain
documentation of assessing, Patient C.H. for chest pain and for
associated symptoms.
17. Respondent failed to recheck, or failed to create or maintain
Sis
documentation of rechecking, Patient C.H.’s pulse oxygenation.
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
18. Respondent failed to order, or failed to create or maintain
documentation of orders for, JW Wecocardiogram, labs, and a chest x-
ray for Patient C.H. :
19. Respondent failed to admit, or failed to create or maintain
documentation of admitting, Patient C.H. for a full cardiopulmonary
workup.
Count I
20. Petitioner realleges and incorporates paragraphs 1 through 19 as if
fully set forth herein. :
21. Section 458.331(1)(t), Florida Statutes (2009), subjects a licensee to
discipline for committing medical, malpractice as defined in Section
456.50, Florida Statutes. Section 456:50(1)(9), Florida Statutes (2009),
states medical malpractice means 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 (2009), provides that the prevailing standard of care fora
given healthcare provider shall be that level of care, skill, and treatment
which, in light of all relevant surrounding circumstances, is recognized
st
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013501579
as acceptable and appropriate by reasonably prudent similar health
care providers. or
22. Respondent fell below the standard of care in his treatment of Patient
C.H. in one or more of the following ways:
a. By failing to obtain a complete history of Patient C.H.;
. By failing to ask Patient’ CA. about her symptoms, including but
not limited to muscular weakness, numbness, bowel and
bladder function, shortness of breath, and fever;
. By failing to have Patient'@:H: ambulate;
. By failing to perform a complete back examination of Patient
C.H.;
. By failing to perform a complete, rectal examination of Patient
C.H.; "
. By failing to assess Patient C.H. for chest pain and associated
symptoms; W'S « ett a
. By failing to recheck Patient C.H.'s pulse oxygenation;
. By failing to order an electrocardiogram, labs, and a chest x-ray
for Patient C.H.js.
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
Mhek oy
i. By failing to admit Patient C.H. for a full cardiopulmonary
workup.
23. Based on the foregoing, Respondent. violated Section 458.331(1)(t),
Ke
Florida Statutes (2009), by committing medical malpractice.
Count IT
24. Petitioner realleges and incorporates varagraphs 1 through 19 as if
fully set forth herein.
25. Section 458.331(1)(m), Florida Statutes (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 orsare. 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.
Bee,
DOH v. ROBERT L. HOOD, M.D., DOH Case No, 2013-01579
Teta
26. Respondent failed to create or maintain records that justify the
sr
course of treatment of Patient C.H. in one or more of the following
ways:
a.
By failing to create or maintain, documentation of pertinent
positives and negatives from the review of systems of Patient
C.H.;
. By failing to create or maintain documentation of a complete
history of Patient C.H.;
. By failing to create or maintain documentation of asking Patient
C.H. about her symptom including but not limited to muscular
weakness, numbness, bowel-and bladder function, shortness of
breath, and fever;
. By failing to create or maintain documentation of having Patient
abi a es
*
C.H. ambulate;
at
. By failing to create or maintain documentation of performing a
complete back examination of Patient C.H.;
aNd oe op ; ;
By failing to create or maintain documentation of performing a
complete rectal examination of Patient C.H.;
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
g. By failing to create or maintain documentation of assessing
ail giatle” 4
Patient C.H. for chest pain and associated symptoms;
h. By failing to create or maintain documentation of rechecking
Patient C.H.'s pulse oxygenation;
i. By failing to create or ialhtain documentation of ordering an
electrocardiogram, labs, and a chest x-ray for Patient C.H.;
j. By failing to create or maintain documentation of admitting
Patient C.H. for a full cardiopulmonary workup.
27. Based on the foregoing, Respondent violated Section 458.331(1)(m),
Florida Statutes (2009), by failing to create or maintain legible, as
defined by department rule in consultation with the board, medical
records that justify the course of treatment of the patient.
WHEREFORE, Petitioner respectfully requests that the Board of
Medicine enter an order imposing"oiie oF. 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 Respondeltt’ on,,probation, corrective action, refund of
fees billed or collected, remedial education and/or any other relief that the
Board deems appropriate.
bes Moe 9
DOH v. ROBERT L. HOOD, M.D., DOH Case No. 3013- -01579
0
aa
SIGNED this" day of 1 210
John H. Armstrong, MD, FACS, FCCP
State Surgeon General & Secretary
of Health, State of Florida
Louise Wilhite- St Laurent, Esq.
Florida Bar No. 91244
Assistant General Counsel
DOH, Prosecution Services Unit
FILE 4052 Bald Cypress Way, Bin C-65
DEPARTMENT ORK Tallahassee, FL 32399-3265
cLERK Angel Sanders Telephone: (850) 245-4444, Ext. 8331
pave FEB 2 8 2015 Facsimile: (850) 245-4684
Email: Louise.StLaurent@flhealth.gov
PCP Date: February 20, 2015 is
PCP Members: Faud Ashkar, M.D.; Enrique Ginzburg, M.D.; Carolyn Pardue
WEY vy
sey
Arelgapas be
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DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579
DOH v.ROBERTL.HOOD,M.D. Case No. 2013-01579
i ARE ee co ‘
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 evide sand 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.
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DOH v, ROBERT L. HOOD, M.D., DOH Case No. 2013!8i579
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Docket for Case No: 15-003408PL
Issue Date |
Proceedings |
Jul. 08, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 07, 2015 |
Petitioner's Response to Order to Show Cause filed.
|
Jul. 07, 2015 |
Respondent's Response to Order to Show Cause filed.
|
Jul. 07, 2015 |
Order to Show Cause.
|
Jul. 07, 2015 |
Respondent's Motion to Abate and/or Continue filed.
|
Jul. 06, 2015 |
Order of Pre-hearing Instructions.
|
Jul. 06, 2015 |
Notice of Hearing (hearing set for October 20 and 21, 2015; 9:30 a.m.; Orlando, FL).
|
Jul. 01, 2015 |
Notice of Transfer.
|
Jun. 23, 2015 |
Joint Response to the Initial Order filed.
|
Jun. 16, 2015 |
Initial Order.
|
Jun. 15, 2015 |
Notice of Appearance (Jack Wise).
|
Jun. 15, 2015 |
Respondent's Answer to Administrative Complaint filed.
|
Jun. 15, 2015 |
Election of Rights filed.
|
Jun. 15, 2015 |
Administrative Complaint filed.
|
Jun. 15, 2015 |
Agency referral filed.
|