Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DAVID RONDON, M.D.
Judges: ROBERT S. COHEN
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Apr. 16, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 7, 2020.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
ve CASE NUMBER: 2018-20516
DAVID RONDON, MD,
RESPONDENT.
ne /
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Health, by and through its undersigned
counsel, files this Administrative Complaint before the Board of Medicine
against Respondent, David Rondon, MD, and 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 52020.
3. Respondent’s address of record is 601 University Boulevard,
Sulte 104, Jupiter, FL 33458.
4. On or about June 29, 2018, Patient M.C., a 96-year-old female,
presented to the Emergency Department at Good Samaritan Medical Center
after a fall.
5. X-rays showed an acute impacted sub-capital hip fracture on
Patient M.C.’s left side, and degenerative changes to her superior
acetabulum.
6. Patient M.C. initially refused surgery and told hospital staff that
she would prefer to go home, but was willing to go to physical therapy.
7. On or around July 2, 2018, Patient M.C. gave her consent after
family members arrived at the hospital, and Patient M.C. was scheduled for
a left hip open reduction.
8. An orderly brought Patient M.C. to the operating room and
Respondent erroneously marked her on her right side.
9. Respondent positioned Patient M.C. on the fracture table, which
was set up for the right side. Respondent then prepped and draped Patient
M.C. for a right-side procedure.
DOH v. David Rondon, MD
Case Number 2018-20516 20f9
10. Respondent claims that he confirmed a right-side procedure
during the final time out.
11. Respondent then completed the procedure on Patient M.C.’s
right hip instead of her fractured left hip.
12. On or around August 20, 2018, a nursing home employee
reported to Good Samaritan that she believed the procedure was
performed on the wrong hip.
13. During a subsequent investigation, Respondent admitted that
he learned the procedure was performed on the wrong site shortly after it
was completed.
14. Respondent claimed he did not know he was required to report
the wrong-site procedure to the hospital, and he had been closely
monitoring Patient M.C.’s recovery.
15. Respondent failed to create or keep any medical records
documenting the wrong-site procedure. .
16. Good Samaritan suspended Respondent and required him to
complete five (5) hours of Continuing Medical Education in Risk
Management.
DOH v. David Rondon, MD
Case Number 2018-20516 3of9
COUNTI
17. Petitioner re-alleges and incorporates paragraphs one (1)
through sixteen (16) as if fully set forth herein.
18. Section 456.072(1)(bb), Florida Statutes (2018), provides that
performing or attempting to perform healthcare services on the wrong
patient, a wrong-site 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 discipline.
19. On or about July 2, 2018, Respondent performed a right hip
open reduction on Patient M.C., when the procedure should have been
performed on the left hip.
20. Based on the foregoing, Respondent has violated Section
456.072 (1)(bb), Florida Statutes (2018), by performing a wrong-site
procedure.
COUNT II
21. Petitioner re-alleges and incorporates paragraphs one (1)
through sixteen (16) as if fully set forth herein. -
22. Section 458.331(1)(m), Florida Statutes (2018), subjects a
licensee to discipline for failing to keep legible, as defined by department
DOH v. David Rondon, MD
Case Number 2018-20516 4of9
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.
23. Section 458.331(1)(nn), Florida Statues (2018), provides that
violating any provision of Chapter 458 or 456, or any rules adopted
pursuant thereto constitutes grounds for disciplinary action by the Board of
Medicine.
24. Chapter 64B8-9.003(d)(3), Florida Administrative Code (2018),
provides that medical records shall contain sufficient information to identify
the patient, support the diagnosis, justify the treatment and document the
course and results of treatment accurately, by including, at a minimum,
patient histories; examination results; test results; records of drugs
prescribed, dispensed, or administered; reports of consultations and
hospitalizations; and copies of records or reports or other documentation
DOH v. David Rondon, MD :
Case Number 2018-20516 Sorg
obtained from other health care practitioners at the request of the
physician and relied upon by the physician in determining the appropriate
treatment of the patient.
Respondent failed to maintain records that justify the course of
treatment of Patient M.C. and/or satisfy the requirements of Chapter 64B8-
9.003(d)(3), Florida Administrative Code in one or more of the following
ways:
DOH v. David Rondon, MD
Case Number 2018-20516
e.
By failing to create or keep legible medical records
that document an appropriate and complete patient
history of Patient M.C.;
By failing to create or keep legible medical records
that document a complete and comprehensive physical
examination of Patient M.C.;
By failing to create or keep legible medical records
that document discussion of the risks and benefits of
surgery with Patient M.C.;
By failing to create or keep legible medical records
that document obtaining informed consent and
agreement for treatment from Patient M.C.;
By failing to create or keep legible medical records
6of9
that document performing a wrong-site procedure on
Patient M.C.;
f. By failing to create or keep legible medical records that
document creating and implementing a proper treatment
plan for Patient M.C. considering the wrong-site
procedure; and/or
g. _ By failing to create or keep legible medical records
that document performing periodic re-evaluations of
Patient M.C.
26. Based on the foregoing, Respondent violated Section
458.331(1)(m), Florida Statutes (2018), and/or Section 458.331(1)(nn),
Florida Statutes (2018).
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.
DOH v. David Rondon, MD
Case Number 2018-20516 70f9
SIGNED this 264 day of August , 2019.
eee PRAY oe
William E Walker
OF HEALTH
OER SEPUTY CLERK Florida Bar No.: 0123716
: Mod Assistant General Counsel
SER AUG 2.6 DOH Prosecution Services Unit
pare:__AUG 26 201) 4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Telephone (850) 558-9876
Fax (850) 245-4684
E-mail: william.walker@fihealth.gov
PCP Date: August 23, 2019
PCP Members: Georges El-Bahri, M.D., Seela Ramesh, Brigitte Goersch
DOH v. David Rondon, MD
Case Number 2018-20516 80f9
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.
A request or petition for an administrative hearing must be in writing
and must be received by the Department within 21 days from the day
Respondent received the Administrative Complaint, pursuant to Rule 28-
106.111(2), Florida Administrative Code. If Respondent fails to request a
hearing within 21 days of receipt of this Administrative Complaint,
Respondent walves the right to request a hearing on the facts alleged in
this Administrative Complaint pursuant to Rule 28-106.111(4), Florida
Administrative Code. Any request for an administrative proceeding to
challenge or contest the material facts or charges contained in the
Administrative Complaint must conform to Rule 28-106.2015(5), Florida
Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not available to
resolve this Administrative Complaint.
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. David Rondon, MD
Case Number 2018-20516 9of9
Docket for Case No: 20-001893PL
Issue Date |
Proceedings |
May 07, 2020 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 07, 2020 |
Agreed Motion to Relinquish Jurisdiction Without Prejudice filed.
|
Apr. 27, 2020 |
Notice of Serving Petitioner's First Set of Interrogatories and First Request for Production to Respondent filed.
|
Apr. 27, 2020 |
Order of Pre-hearing Instructions.
|
Apr. 27, 2020 |
Notice of Hearing (hearing set for June 16 and 17, 2020; 9:00 a.m.; West Palm Beach).
|
Apr. 24, 2020 |
Joint Response to Initial Order filed.
|
Apr. 17, 2020 |
Initial Order.
|
Apr. 16, 2020 |
Petitioner's Notice of Appearance (William Walker).
|
Apr. 16, 2020 |
Election of Rights filed.
|
Apr. 16, 2020 |
Petition for Administrative Hearing and Answer filed.
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Apr. 16, 2020 |
Administrative Complaint filed.
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Apr. 16, 2020 |
Agency referral filed.
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