Received Event (Event Succeed : 4/10/00 Time: 11:47 AM “Datar Pages: : 12 Duration: 2 min 51 sec “32 pb878/20aa 14:46AM = AHCA/MEDICAL Mratecs NO.723 P5142 Ne — STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, d)- ) OO-/ 53 g PETITIONER, ) ) Vv. ) CASE NO. 1997-07018 ) : HAROLD GENE ROBERTS JR.,MD., ) ) RESPONDENT. J 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 Harold Gene Roberts Ir., 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 a Statutes, the Petitioner ‘has contracted with the Agency for Health p Care Administration to provide consumer complaint, investipati “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 i in the state of vi having been issued license number ME 0058312. Respondent's last known address is Florida Me cal Center East “Building, 3001 NW 49" Avent, ‘Suite 304, Ft Lauderdale, FL 33313. Received Event (Event Succeed oe | | : ‘Date: ~~” 4/10/00 / Time: 11:47 AM Pages: 12 Duration: 2 min 51 sec . S74 pPRITB.BBBa 11:46am — AHCA- MEDICAL moses 8 NO.723 -P.6/12 ae” ~ 3. Respondent is board certified in Thoracic Surgery. 4. Qn or about September 17, 1996, Respondent performed an upper right lobectomy (removal of the upper lobe of the right lung) ypon patient DLL., a sixty-six (66) year old male with a history of emphysema and liver cirrhosis. This procedure was predicated upon a diagnosis " of squamous ell carcinoma in the right lung, 5. DL. had previously been examined by an intemist, who had performed a bronchoscopy on May 29, 1996. That bronchoscopy had revealed moderately differentiated squamous cell carcinoma of both the night upper and lower lobes, 6. D.L. had also been examined by another physician pre-operatively. That doctor had diagnosed upper and lower lobe carcinoma, and had recommended poeuriénectonay (complete surgical removal of the Iung). D.L, had signed a consent form for possible pneumonectomy of the right lung. 7, Respondent failed to review either the bronchoscopy report or the pre-operative examination results prior to performing the lobectomy procedure on September 17, 1996. 8. After the lobectomy, DL. suffered atrial fibrillation and collapse of the left lung, and had to be reintubated after respitatory failure. A radiation oncology consult revealed that the squamous cell carcinoma remained in the lower lobe of D.L.’s right lung, "9, On or about September 26, 1996, Respondent again operated on D.L., performing a 10. Post-operatively, DL. suffered yespiratory insufficiency requiring prolonged ventilation, as well as tachyrhythmias. He was extubated on September 30, 1996, and discharged from the hospital on October 4, 1996. cory RET “ome ryote er 4/10/00 ; Time: 11:47 AM Duration: 2 min51 sec wR nat. a abe. “8.20 11:46AM AHCA/MEDICAL NO. 723 P.7712 1 11, Respondent practiced below the scoepiable standard of care 2 by failing to review the May 26, 1996, bronchoscopy results, which clearly showed squamous cell carcinoma in both the upper and lower lobes of D.L.’s right lung, Respondent also failed to review the pre-operative history and physical, which diagnosed carcinoma in both lobes and recommended pneumonéctomy. Respondent ‘also failed to review the patient’s consent form, which also referred to Peumonectomy rather than lobectomy. Respondent's failure to perform the correct procedure on Sepiember 17, 1996, resulted in a second ‘operation for the patient, with its attendant risks, It also resulted i in an sn unnecessarily prolonged recovery peo, additional risk to D.L.’s health due to the failure ti to complete Temove the tumor i ina timely manner, and additional costs. “12, Baséd upon the foregoifig, Respondent is in violation of Section 458.331(1)(1), Florida Stanites, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prident 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 Respondent's Tense restriction of the ‘Respondent's practice, ‘imposition of an 1 administrative fine, is issuance of a reprimand, placement of the Respondent on probation the assessment of costs related to the investigation and prosecution of this case, other than costs ‘associated with an Date: 4/10/00 Time: 11:47 AM Pages: 12 : Duration: 2 min 51 sec ae a ~— attorney’s time, as provided for in Section 455.624(3), Florida Stamtes, and/or any other relief that the Board deems appropriate. , 1999, SIGNED this, day of Robert G. Brooks, M_D., Secretary Larry G. McPherson, Jr. ; Chief Medical Attomey COUNSEL FOR DEPARTMENT: Larry G, McPherson, Jr. Chief Medical Attorney Agency for Health Care Administration P. O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 788643 ‘RPCfmrth PCP: October 28, 1999 PCP Members:. Slade, E]-Bahri, Pardue “ pBS/18.2000 11:46eM — PHCA-MEDICAL NO.723 P8712

Docket for Case No: 00-001538