Received Event (Event Succeeded) Date: 1/18/00 ro) Time: {pm Pages: 10 Duration: 2 min 11sec “” JAN-18-2088 13:35 AHCA ~" . P.@6 STATE OF FLORIDA QO-028/ DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) ) y. ) ~ CASE NO, 1996-14427 ) MOHAMMAD MASOUD NEMATI, M.D.,) ) RESPONDENT. _) SS ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Mohammad Masoud Nemati, M.D., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, and Chapter 458, Florida Statutes. Pursuant to the provisions of Section 20.43(3), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is and has been at all times material hereto a licensed physician in the state of Florida, having been issued license number ME 0040612. Respondent’s last known address is 1409 Kingsley Avenue, Building 8, Orange Park, Florida 32073. 3. Respondent is Board certified in General Surgery. Received Event (Event Succeeded) Date: 1/18/00 WU Time: 4) PM Pages: 10 Duration: 2 min 11 sec “~.” JAN-18-20@a 13:36 AHCA 7 ° P.27 4, On or about July 11, 1996, patient D.M., a sixty-five (65) year old male, underwent excision of a left supraclavicular lipoma and 2 lesion of the left posterior shoulder (which was found to be a malignant melanoma) in the Respondent’s office. Respondent then scheduled a wide re-excision and possible skin graft of the sight of the melanoma. 5. On or about July 31, 1996, patient D.M. presented to Columbia Orange Park Surgery Center for the scheduled procedure. Respondent performed surgery on the left supraclavicular area, 6. Shortly after the surgery, patient D.M.’s wife pointed out that the melanoma was on the left posterior shoulder, not the left supraclavicular area where respondent has performed the surgery. 7. Later the same day, on or about July 31, 1996,. Respondent performed the wide re- excision on patient D.M.’s left posterior shoulder with no adverse outcome noted. COUNT. 8. Petitioner realleges and incorporates paragraphs one (1) through seven (7), as if fully set forth herein this Count One. 9. Respondent performed surgery on patient D.M. at the incorrect site, operating initially at the left supraclavicular site, rather than the intended left posterior site where the melanoma was located, 10. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes by failing to practice medicine with that level of care, skill, and treatment which is recognized by 4 reasonably prudent similer physician as being acceptable under similar conditions and circumstances. Received Event (Event Succeeded) Date: 1/18/00 WwW Time: ) PM Pages: 10 Duration: 2 min 11sec . JAN-18-2008 13:36 AHCA P,@8 COUNT TWO - . 11. Petitioner realleges and incorporates paragraphs one (1) through seven (7) and paragraph nine (9) as if fully set forth herein this Count Two. 12. Medical records maintained by Respondent do not accurately describe the location of the site of the melanoma of the left shoulder. 13. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories; examination results; records of drugs prescribed, dispensed, or administered, and reports of consultations and hospitalizations WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 455.624(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this LE , Kay of Meazmbeer , 1999. Robert G. Brooks, M.D., Secretary DEPARTMENT OF HEALTH DEPUTY ‘CLERK . cuenk cher h- Ehba0r. pave JALELZZ. Received Event (Event Succeeded) Date: 1/18/00 WU Time: { )PM Pages: 10 Duration: 2 min 11sec | JAN-18-200@ 13:36 RAHCA P.29 COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P, O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 937819 RPC/blt PCP: December 8 1999 PCP Members: Skinner, Zachariah, Cherney |

Docket for Case No: 00-000281