SSTATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2013-11093 WILLIAM HENRY WEAVER, D.O., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Osteopathic Medicine against Respondent, William Henry Weaver, D.O., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 459, Florida Statutes. 2. At all times material to this Administrative Complaint, Respondent was a licensed osteopathic physician within the state of Florida, having been issued license number OS 5726. 3. Respondent's address of record is Post Office Box 1025, Tavares, Florida 32778. 4. | Respondent may be found at 3631 West Burleigh Boulevard, United States Highway 441, Tavares, Florida 32778. 5. At all times material to this Administrative Complaint, Respondent held specialty board certifications in family practice and emergency medicine. | 6. The prevailing professional standard of care requires an osteopathic physician to immediately send to the emergency room, or obtain a stat cardiology consultation for, a patient who presents with one or more of the following: a. chest pain having lasted approximately a week, with pain and tightness going down his left arm, and with shortness of breath and tingling in his left hand; b. abnormal electrocardiogram! (EKG) and Exercise Stress Test results; and/or ' An electrocardiogram is a test that checks for problems with the electrical activity of the heart. Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093 c. elevated creatine phosphokinase? (CPK) enzymes and cholesterol. 7. Onor about December 28, 2011, Patient D.P., a forty-one year old male, presented to Respondent’s practice with complaints of chest pain over the last week with pain and tightness going down his left arm, as well as shortness of breath and tingling in his left hand. 8. Onor about December 28, 2011, Respondent performed an EKG and Exercise Stress Test on Patient D.P. in the office and ordered blood work. 9. Patient D.P.’s EKG and Exercise Stress Test were both abnormal. 10. On or about December 28, 2011, Respondent failed to send Patient D.P. to the emergency room. 11. On or about December 28, 2011, Respondent failed to consult with a cardiologist. 12. Onor about December 29, 2011, Patient D.P. submitted to blood work ordered by Respondent. 13. Onor about December 30, 2011, Respondent had access to the results of the blood work. ? Creatine phosphokinase is an enzyme in the body which can show stress or injury to the heart. CPK tests can be used to diagnose a heart attack. : Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093 14. On or about December 30, 2011, the blood work showed elevated CPK enzymes and cholesterol. 15. On or about December 30, 2011, Respondent failed to contact and instruct Patient D.P. to go to the emergency room, or to obtain further testing by a cardiologist. 16. On or about December 31, 2011, patient D.P. died of heart failure. 17. A reasonably prudent osteopathic physician in similar circumstances would immediately send to the emergency room, or obtain a stat cardiology consultation for: a. a patient with similar symptoms to Patient D.P.; b. a patient with similar symptoms to Patient D.P. whose EKG and Exercise Stress Test were both abnormal; and/or c. a patient with similar symptoms to Patient D.P. whose EKG and Exercise Stress Test were both abnormal, and whose CPK and cholesterol were elevated. 18. Section 459.015(1)(x), Florida Statutes (2011), allows the Board of Osteopathic Medicine to impose discipline for committing medical malpractice as defined in Section 456.50, Florida Statutes. Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093 19. Section 456.50(1)(g), Florida Statutes (2011), defines medical malpractice 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. 20. For purposes of Section 459.015(1)(x), Florida Statutes (2011), the Board shall give great weight to the provisions of Section 766.102, Florida Statutes, which provides: 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. 21. As set forth above, Respondent committed medical malpractice in his care of Patients D.P., by failing to immediately send him to the emergency room, or by failing to consult with a cardiologist. 22. Based on the foregoing, Respondent violated Section 459.015(1)(x), Florida Statutes (2011), by committing medical malpractice by practicing below the prevailing standard of care. [Remainder of Page Intentionally Left Blank\ Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093 WHEREFORE, the Petitioner respectfully requests that the Board of Osteopathic 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_18™ day of April , 2017. Celeste Philip, MD, MPH State Surgeon General and Secretary LINDSEY. FROST Assistant General Counsel Fla. Bar No. 109766 Florida Department of Health FILED Office of the General Counsel DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin #C65 DEPUTY CLERK Tallahassee, FL 32399-3265 Telephone: (850) 245-4444 x. 8125 RK: cere Bnaed Sordid Facsimile: (850) 245-4683 DATE: Email: lindsey.frost@flhealth.gov PCP: 04/14/2017 PCP Members: Moran & Hayden Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093 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 waives 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. Department of Health v. William Henry Weaver, D.O. Case No. 2013-11093

Docket for Case No: 21-000788PL