STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2015-30041 EDMOND O. ALAKA, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, files this Administrative Complaint before the Board of Medicine against Respondent, Edmond O. Alaka, 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 in the State of Florida, having been issued license number ME 109501. 3. Respondent's address of record is 216 Elm Drive, Chattahoochee, Florida 32324. 4. At all times material to this Complaint, Respondent was under contract to furnish health care services to inmates at Suwanee Correctional Institution (SCI). 5. On or about June 7, 2013, Patient R.G., a then sixty-one year-old male inmate, presented to SCI's clinic and was seen by medical personnel for evaluation of hypertension. Patient R.G.’s blood pressure at that time was 164/96. It was noted that Patient R.G. complained of headache at that time. A daily dose of 10 mg Lisinopril was prescribed. Patient R.G. was ordered three days of bed rest and given a follow up appointment for June 10, 2013. 6. On or about June 10, 2013, Patient R.G. presented to SCI's clinic and was seen by Respondent. Patient R.G.'s blood pressure was measured as 173/98. Respondent ordered a one-time dose of 0.2 mg clonidine and an additional 10 mg of Lisinopril per day to reduce Patient R.G’s blood pressure. Patient R.G. was instructed to take 600 mg ibuprofen to treat his headaches. 7. From on or about June 18, 2013, through on or about June 24, 2018, Patient R.G. presented to SCI's clinic four (4) times with complaints DOH v. Edmond 0. Alaka, M.D., Case No. 2015-30041 2 of headache, nausea, vomiting, and stumbling, in addition to changes in blood pressure. He was seen by various nursing staff. 8. Onor about June 25, 2013, Patient R.G. was seen in SCI's clinic by D.V., ARNP, for hypertension protocol. Patient R.G.’s blood pressure was 175/91. Patient R.G. had a headache, lower extremity swelling, fatigue, and vomiting. 9. The ARNP contacted Respondent. Respondent ordered administration of 10 mg Lisinopril, bedrest for 3 days, daily blood pressure checks, and instructed Patient R.G. not to sit with his legs crossed. 10. On or about June 26, 2013, the ARNP ordered Patient R.G. receive daily blood pressure checks for seven (7) days by nursing staff. 11. On or about July 2, 2013, Patient R.G. was found unresponsive on the floor of the special-housing unit of SCI, and was transported via ambulance from SCI to Shands Hospital in Live Oak, Florida. 12. Onor about July 5, 2013, Patient R.G. expired. 13. At all times relevant to this Complaint, the prevailing professional standard of care dictated that a physician assessing and/or treating a patient with R.G.'s symptoms should: DOH v. Edmond 0. Alaka, M.D., Case No. 2015-30041 3 14, a) b) c) diagnose the potential cause or causes of the patient’s signs and symptoms; consider the possibility of malignant hypertension and/or a hypertensive emergency; and/or transfer the patient to the emergency department based on the combination of high blood pressure and associated symptoms such as swelling, vomiting, and headaches. Respondent failed to meet the prevailing professional standard of care in his treatment of Patient R.G. in one or more of the following ways: 15. a) b) c) By failing to diagnose the potential cause or causes of the patient’s sign and symptoms; By failing to consider the possibility of malignant hypertension and/or a hypertensive emergency; and/or By failing to transfer the patient to the emergency department due to his condition at that time. Section 458.331(1)(t)1., Florida Statutes (2012-2013), subjects a licensee to discipline for committing medical malpractice as defined in ' Malignant hypertension, also knowns as hypertensive emergency, is a high blood pressure with symptoms and signs indicative of end organ damage. DOH v. Edmond 0. Alaka, M.D., Case No. 2015-30041 4 Section 456.50(1)(g), Florida Statutes. Section 456.50(1)(g), Florida Statutes (2012), states that 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 (2012), provides that the prevailing standard of care for a given healthcare 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. 16. Fromon or about June 18, 2013, through on or about June 25, 2013, Respondent fell below the prevailing standard of care in his treatment of Patient R.G. in one or more of the following ways: a) by failing to diagnose potential cause or causes of Patient R.G.'s signs and symptoms; b) by failing to consider the possibility of malignant hypertension and/or a hypertensive emergency; and/or c) by failing to transfer Patient R.G. to the emergency department due to his condition at that time. DOH v. Edmond 0, Alaka, M.D., Case No. 2015-30041 5 17. Based on the foregoing, Respondent committed medical malpractice in violation of Section 458.331(1)(t)1., Florida Statutes (2012), by failing to meet the standard of care in his treatment and diagnosis of Patient R.G. 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. (Signature appears on following page) DOH v. Edmond 0. Alaka, M.D., Case No. 2015-30041 6 SIGNED this 224 day of June , 2018. Celeste Philip, M.D., M.P.H. Surgeon General and Secretary Virginia Edwardy Virginia Edwards Assistant General Counsel Florida Bar Number 1003243 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 DEPARTMENT OF HEALTH Telephone: (850) 558-9892 CLERK AmberGrene Facsimile: (850) 245-4684 DATE JUN 2 2 2018 Email: Virginia.Edwards@flhealth.gov PCP: June 22, 2018 PCP Members: Hector Vila, M.D.; Jorge Lopez, M.D.; Nicholas Romanello DOH v. Edmond 0. Alaka, M.D., Case No. 2015-30041 - 7 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. DOH v. Edmond O. Alaka, M.D., Case No. 2015-30041 8

Docket for Case No: 21-001137PL