STATE OF FLORIDA DEPARTMENT OF HEALTH: DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2013-00950 STELA TUDORAN, 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, Stela Tudoran, 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 26392. DOH v, Stela Tudoran, M.D. Case Number 2013-00950 3. | Respondent’s address of record is 801 Meadows Road, Suite 111, Boca Raton, Florida 33486. 4. Respondent is board certified in Otolaryngology and Plastic Surgery. 5. At all times material to this Complaint, Respondent was practicing medicine in the specialties of Otolaryngology. 6. On or about May 10, 2012, Respondent examined Patient A.R., a seventy-six year old woman, for complaints of sore throat, nasal drainage, fatigue, fever, and dry cough. 7. On or about May 10, 2012, Respondent prescribed the antibiotic Bactrim DS (sulfamethoxazole and trimethoprim double strength), and a Medrol Dose Pack (methylprednisolone) to Patient A.R. 8. After beginning the medication prescribed by the Respondent, Patient A.R. began itching, which was relieved by taking the histamine- blocker Benadryl (diphenhydramine). 9. Onor about May 14, 2012, Patient A.R. reported her itching to the Respondent. DOH vy, Stela Tudoran, M.D. Case Number 2013-00950 2 10. On or about May 14, 2012, Respondent advised Patient A.R. to continue taking Bactrim with Benadryl and stop the Bactrim if Patient A.R.’s itching persisted. 11. On or about May 22, 2012, Respondent prescribed continuing treatment with Bactrim for infection. 12. On or about May 26, 2012, Patient A.R. spoke to Respondent by telephone and reported that Patient A.R. had broken out in a terrible rash from taking Bactrim. 13. On or about May 26, 2012, Patient A.R. asked the Respondent whether Patient A.R. should go to an Emergency Room. 14. On or about May 26, 2012, Respondent advised Patient A.R. to not go to an Emergency Room. 15. On or about May 26, 2012, Respondent prescribed prednisone to Patient A.R. 16. On or about May 28, 2012, Patient A.R. reported to the Respondent through Respondent’s answering services that Patient A.R.’s condition had worsened. DOH v. Stela Tudoran, M.D, Case Number 2013-00950 3 17. On or about May 28, 2012, Patient A.R. reported to the Respondent through Respondent’s answering services that she was proceeding to the Emergency Room at Boca Regional Hospital. 18. On or about May 28, 2012, Patient A.R. provided her cell telephone number to the Respondent through Respondent’s answering services. 19. On or about May 28, 2012, Respondent did not contact Patient A.R. or the Emergency Room at Boca Regional Hospital in response to Patient A.R.’s telephone call. 20. On or about May 28, 2012, Patient A.R. was admitted to the Emergency Room at Boca Regional Hospital complaints of rash, diarrhea, and body ache. 21. Onor about May 28, 2012, Patient A.R. received treatment with a liter of intravenous Normal Saline, 80 mg. of intravenous Solu Medrol, and 40 mg. of intravenous pantoprazole (a proton pump inhibitor that inhibits gastric secretions) for treatment of diagnoses of drug reaction and diarrhea. DOH v. Stela Tudoran, M.D. Case Number 2013-00950 4 COUNT I 22, Petitioner re-alleges and incorporates paragraphs one (1) through twenty-one (21) as if fully set forth herein. 23, Section 458.331(1)(t), Florida Statutes (2011), 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 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 ail relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 24. 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. Stela Tudoran, M.D. Case Number 2013-00950 un prudent similar health care providers in violation of Section 458.331(1)(0), Florida Statutes (2011), in the care and treatment of Patient A.R. through one or more of the following: a. By continuing Bactrim after Patient A.R. reported symptoms of an allergic reaction; By instructing Patient A.R. to take Benadryl with Bactrim after Patient A.R. reported symptoms of an_ allergic reaction; By failing to examine Patient A.R. for reported symptoms of an allergic reaction; By failing to prescribe an antibiotic other than Bactrim after Patient A.R. reported symptoms of an_ allergic reaction; and By advising Patient A.R. to not go to an Emergency Room for evaluation of reported symptoms of an_ allergic reaction. 25. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (2011), by committing medical malpractice. DOH v. Stela Tudoran, M.D, Case Number 2013-00950 COUNT II 26. Petitioner re-alleges and incorporates paragraphs one (1) through twenty-one (21) as if fully set forth herein. 27. Section 458.331(1)(m), Florida Statutes (2011), 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. 28. On or about the dates set forth above, Respondent violated Section 458.331(1)(m), Florida Statutes (2011), by failing to keep medical records that justified the course of treatment of patient A.R. in one or more of the following ways: a. By failing to legibly document Patient A.R.’s medical history; and DOH vy. Stela Tudoran, M.D. Case Number 2013-00950 7 b. By failing to legibly document physical examinations of patient A.R. 29, Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2011), by failing to keep medical records that justified the course of treatment of patient A.R. 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 appear on the following page. DOH v. Stela Tudoran, M.D. Case Number 2013-00950 8 SIGNED this _22_ day of Hts: , 2014. John H. Armstrong, MD, FACS Surgeon General & Secretary FILE DEPARTMENT ps DATE MAY 97 ste Joby B. Fricke, Jr. _ Agsistant 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 ) vd lam OF HEALTH Pe y D Z T -. iy —N | CLERK DEPUTY CLERK fs 5 AU JBF/sr PCP Date: May 23, 2014 PCP Members: Dr. El-Bahri, Dr. Thomas & Ms. Goersch DOH v. Stela Tudoran, M.D. Case Number 2013-00950 9 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. DOH v. Stela Tudoran, M.D. Case Number 2013-00950 40

Docket for Case No: 16-001177PL