YW _ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) ) v. ) CASE NO. 1996-13230 ) MOULTON KEANE, M.D. ) ) RESPONDENT. __) a) 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 Moulton Keane, 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 0042167. Respondent’s last known address is 401 South Hospital Drive, # 1, Plantation, Florida 33317. . 3. Respondent is a Board-certified Obstetrician/Gynecologist. Cnn U 4. On or about October 4, 1994, Patient S.E., a forty (40) year old female, presented to Respondent for care. S.E. had been referred to Respondent by another physician as a high risk pregnancy because of advanced matemal age and Leiomyoma, a tumor consisting principally of smooth muscle tissue. 5. On or about March 19, 1995, Patient S.E. presented to Plantation General Hospital in labor. The Respondent was the admitting physician. The course of labor was followed by Dr. Edmund Darroux. The patient was taken to surgery for a Cesarean Section because of a non- reassuring fetal heart rate. Doctor Darroux was the surgeon. 6. Post-operatively, Patient S.E. developed a fever. She was treated by the Respondent with intravenous antibiotics, including Cefotan and Flagyl. 7. On or about March 23, 1995, Respondent discharged S.E. with directions to return in four weeks. At the time of discharge, the patient had an elevated which blood count indicated ongoing infection. The discharge summary indicates that she received antibiotics, but the order sheet does not indicate that prescriptions were written and given to patient S.E. 8. On or about March 27, 1995, S.E. presented to the Emergency Room of Pompano Beach Medical Center. Within one hour, she expired. Post-mortem examination, by the Medical Examiner, indicated the death was the result of Septicemia and Myocarditis due to post-partum Endometritis with abscesses. 9. Respondent's medical records for Patient S.E. do not document any evaluation of the patient's fever prior to the discharge of the patient from the hospital. Additionally, the medical records do not document the prescription of antibiotics for the patient or any evaluation of the patient's need for antibiotics given her condition. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein this Count One 11. Respondent did not meet the applicable standard of care in that a reasonably prudent physician would have discharged the patient with prescriptions for antibiotics and would not have discharged Patient S.E. from the hospital prior to being afebrile for twenty-four (24) hours. Additionally, Respondent failed in his treatment of Patient S.E. by inappropriately scheduling her post-partum appointment for four weeks after discharging her from the hospital, when her condition required close follow-up. 12. Based on the foregoing, Respondent is guilty of violating Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through nine (9) and - € paragraph eleven (11) as if fully set forth herein this Count Two. 14. Respondent failed to maintain adequate written medical records of his treatment and care of Patient S.E. in that Respondent did not document any evaluation of the patient's fever prior to the discharge of the patient from the hospital and did not document the prescription of antibiotics for the patient or any evaluation of the patient's need for antibiotics given her condition. 15. Based on the foregoing, Respondent is guilty of violating Section 458.331(1)(m), Florida Statutes, by failing to maintain written medical records 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 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 ay of , 1999. Robert G. Brooks, M.D., Secretary € L. ak Chief Medical Attorney COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak . Chief Medical Attorney acealy I LED Agency for Health Care Administration Ceo CrEHEATH P. O. Box 14229 - Uehi . Tallahassee, Florida 32317-4229 CLERK Wek RBar Florida Bar # 937819 12/23/79 D, ~ KLK/hrb . ATE, PCP: December 17, 1999 PCP Members: Slade, Winchester, Pardue PATIENT INDEX MOULTON KEANE, M.D. Case No. 1996-13230 Patient S.E. Saintalia Etienne Please refer to all patients by initials. Patient names and records are confidential.

Docket for Case No: 00-000608