Be AMR ate nn STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) : ) - PETITIONER, +) oo-/ Od / ) o v. ) CASE NO. 1997-19558 ) MEREDITH L. SCOTT, MD., ) ) RESPONDENT. _) 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 Meredith L. Scott, 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 fo for Health Care Administration to provide ed 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 Ticense number ME 0013426. Respondent’s last known ~ address is 217 Hillcrest Street, Orlando, F Florida 39801. 3. ° Respondent is board certified in Surgery and Thoracic Surgery. 4 i 4 Ren lnm Ai il edna Wh Ml a Hl ea wa ut 4. In or about November 14, 1996, Patient L.B., a 75 year old male with a history of heart disease and previous coronary artery. bypass: surgery, was admitted to Florida Hospital . Medical Center for further treatment of a recent myocardial infarction (heart attack). 5. “Patient LB. was evaluated and diagnosed with acute congestive heart failure with stenosis (narrowing) of the aorta, the largest vessel leaving the heart. Patient L.B. was then advised to undergo coronary artery bypass procedure and surgical replacement of his aortic valve, to be performed by Respondent. - 6. - On or about November 22, 1996, Respondent and his assistant performed the above procedures on Patient L.B., placing his cardiopulmonary system on a bypass machine to facilitate surgery. When the primary surgical procedures were completed, Respondent weaned Patient L.B.’s cardiopulmonary system from the bypass machine and began to close Patient L.B.’s open chest, at which time a nurse informed Respondent that the sponge count was _ incorrect. 7. During his surgery, Respondent placed a sponge in the left ventricle of Patient L.B.’s heart, v wh Jodged when Patient L°B. was v ed from bypass and his heart _ began to again pump blood. X-rays were performed which revealed the sponge to have lodged placed Patient L. Be onto to cardiopulmonary bypass for: an n additional 9 93. minutes as they performed a laparotomy (incision ‘and exploration of the abdominal cavity), located the Sponge, and clamped and opened the abdominal aorta to extract it. _ 9. _ Patient L.B.’s surgical wounds were then closed, and he was sent to the hospital’s Cardiac Care Unit in guarded condition. Several hours later, Patient LB. suffered a hemorrhage 2 &? Ww Nad and Respondent again performed thoracic surgery in an attempt to locate and stop the bleeding. During this procedure, Patient L.B.’s cardiac condition deteriorated, and he subsequently arrested and expired. 10. | Respondent’s failure to recognize the sponge left in Patient L.B.’s heart necessitated additional surgery and additional bypass time, which placed Patient L.B. at a higher risk for serious postoperative complications. ll. 6A reasonably prudent similar physician would not have failed to recognize a sponge left inside Patient L-B.’s heart. 12. Respondent practiced medicine below the standard of care, in that Respondent failed to recognize a sponge left in Patient L.B.’s heart during surgery, necessitating additional surgery and bypass time that placed Patient LB. at higher risk for serious postoperative " complications. 13. Based on the foregoing, Respondent has 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 a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. 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 Respondents loense, restriction of the Respondents s practic, 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 “case, | other than costs associated with an OPT RR HRN OE RT rere ee ne) attomey’s time, as provided for in Section 455.624(3), Florida Statutes, and/or any other relief that the Board deems appropriate. _ SIGNED this ZS” day of , 1999. Robert G. Brooks, M.D., Secretary COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak | Fi Chief Medical Attorney DEPARTMENT OF HEALTH Agency for Health Care Administration CLERK P.0.Box 14229 Senn vis ee Tallahassee, Florida 32317-4229 Florida Bar # 937819 ~ pate_\-25-99 RPC/hrb Cav 1 aS 00 DC, pid PCP: Ji anuary 22, 2000 Ook PCP Members: Ashkar, Glotfelty, Rodriguez es ee enpeememmre pup ce we PATIENT INDEX > Meredith L. Scott, M.D. Case No. 1997-19558 Patient L.B. Leroy Benedict Please refer to all patients by initials. Patient names and records are confidential. cece ee eee ocean meee [oor perme SA TTR Pe oo 72000 WED 09:53 AM GURNEY & HANDLEY, P.A, FAK NO, 407 49 4941 P, 02/03 “fe i ‘ . . : : \ . or ve THOMAS GURNEY nigol-roo27 4 ‘ Yy @ Handlyy, Ee ; ‘ TWO LANDMARK CENTER ON H. HANDLEY* mene Le poieeinl ATTORNEYS AND CouNSeLors aT Law 22S EAST ROBINSON SYREET ROGERT S. GREEN . . SUITE <50 WwW. MARVIN HARDY, mt* BO. BOX 1273 RONALD L, HARROP FRANCIS €, PIERCE, DZ ORLANDO, FLORIDA 22808-1273 PETER N. SMITH TEL, 407/843-9500 RICHARD E, DUNEGAN FACSIMILE 407 /6a3.a94] DAVID AB. FALSYAD STEVEN H. PRESTON? March 1, 2000 E-MAIL gurney-handley@worldnetettnet ? PAUL D. RANG, D.M.D. : Seaamioed “ALSO MEMBER OF GA BAR OF COUNSEL - "ALSO MGMDER OF CT BAR RICHARD W. LASSITER ‘CRATIFIED CIRCUIT COURT MEDIATOR DAVID W. ROQUEMCRE, JR. : LEY H. SMITH . : : : OUR REFCRENCE : . , ; Oe ee a 97-461 VIA FACSIMILE AND CERTIFIED MAIL - RETURN RECEIPT REQUESTED Kathryn L. Kasprzak, Chief Medical Attorney _——- / Jd Agency for Health Care Administration 0 O 2727 Mahan Drive Tallahassee, FL 32308 . . RE: AHCA v. Scott Case No,: 97-19558 Dear Ms. Kasprzak: :. Enclosed please find the Election of Rights executed by Dr. Scott requesting Option 3 and a formal hearing pursuant to Section 120,569(2)(a), Fla. Stat, Tn follow-up to my correspondence of February 15,2000, Dr. Scott requests and will sti pulate to extending the 15 day notification requircment of Section 120,569(2)(a), Fla. Stat., in order to complete the deposition of Petitioner’s medical expert(s), and in particular Fred H. Edwards, M.D. ; __. Please contact me at your earliest convenience so we may discuss this matter further. I look forward to hearing from you soon, ~ Sincerely, fm | FRANCIS E. PIERCE, IT]

Docket for Case No: 00-001031