Received Event (Event Succeeded) Date: Pages: an 5/4/00 11 Aann UU ; a Time: * JPM Duration: in 56 sec PNeant-- a may 420@0 1:56PM AHCA/MEDICAL NO. 431 P.7/4t ~ —_ STATE OF FLORIDA DEPARTMENT OF HEALTH OO-FID. DEPARTMENT OF HEALTH, ‘PETITIONER, y, CASE NO. 1996-15782 JAMES H. STEVENS, M.D., RESPONDENT. 2 AD. Ss OMPLAINT Ne et er a ee COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Betitioner,” and files this Administrative Complaint before the Board of Medicine against James H|Stevens, M.D., hereinafter referred to as “Respondent,” and alleges: ice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, d 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 ledical 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 0068163. Respondent’s last known ss is 2101 Riverside Drive, Suite 101, Coral Springs, Florida 33071. 1, Effective July 1, 1997, Petitioner is the state agency charged with regulating the . Received Event (Event Succeeded) Date: 5/4/00 Time: “ JPM Pages: . " a ~ 7 Duration: in 56 sec - May! "4/200 1:56PM = AHCA/MEDICAL mosses NO.431 0 P.8/11 ~ _ 3. On or about June 19, 1995 Patient C.C. underwent a mammography and ultrasound | th revealed a mass or lump in her right breast, ' . 4. Onor about November 1, 1995 Patient C.C, underwent an excisional lumpectomy that ealed cancer in the right breast, 5 Patient C.C. underwent re-excision lumpectomy on or about November 22, 1995. Shbrtly after, this patient was referred to Respondent for radiation therapy, 6. On or about May 8, 1996 Patient C.C. presented to Respondent for follow up latment, Respondent issued a consultation report in which he references the right breast for atment. Respondent also issued a letter dated on or about May 8, 1996 to the referring ysician in which he erroneously stated that the excisional lumpectomy was performed on the breast, , 7. On or about May 15, 1996 through July 17, 1996 Patient C.C. underwent radiation therapy with the Respondent for the left breast. 8, During the period of approximately June 5, 1996 through July 17, 1996 Respondent icated in his status check reports his treatment of radiation therapy for the left breast. 9. On or about July 18, 1996 Patient C.C. presented to Respondent for the “boost” phase of her radiation treatment. The boost phase consists of directing a higher dose of radiation to the point of the surgery rather than the broader portion of the breast, as was done in the initial of treatment. the left breast when pathologically she was found to have carcinoma in the right breast. 10, On or about July 18, 1996 Respondent realized that he had been initiating treatment | | spondent noted this in his medical report and also noted that he relayed this information to the | i Receivecl Event (Event Succeeded) Date: 5/4/00 Time: PM Pages: 1 UW 7 Duration: in 56 sec / " MAWSG.28@@ 01:56PM = AHCA/ MEDICAL momaess NO.431 0 PLOvit ~ i ~~ patient. He also commented on how he felt that this should not cause her any significant problems. ; 11. On or about July 18, 1996 Respondent notified both the referring physician and the Public Health Physicist, Office of Radiation Control, Department of Health and Rehabilitation | ices about the radiation therapy tothe left breast. 12, From on or about July 18, 1996 through September 11, 1996 Respondent provided dation therapy to Patient CC's right breast. 13. Respondent failed to practice medicine with that level of care recognized by a ably prudent physician in similar circumstances by providing or ordering radiation therapy to Patient C.0.’s left breast when pethology indicated carcinoma in the right breast ‘ | COUNT.ONE 14, Petitioner realleges and incorporates paragraphs one (1) through thirteen (13), as if ly set forth herein this Count One. © 15. Respondent failed to practice medicine with the appropriate level of care recognized by) a reasonably prudent physician in similar circumstances by providing or ordering radiation apy to Patient.C.C.’s left breast from on or about May 8, 1996 through July 17, 1996 when logy and test results indicated earcinoma in the right breast. 16, Based on the foregoing, Respondent violated Section, 458,33 1(1)(t), Florida Statutes | | failing to practice medicine with that level of care, skill, and treatment which is recognized by | | i i a sbasonably prudent similar physician as being acceptable under similar conditions and Received Event (Event Succeeded) Date: 5/4/00 Time: : PM Ju WwW SG . Duration: ‘thin 56 sec May! °4.200@ 1:57PM — AHCA’MEDICAL Mowtess 8 NO.431 P1811 ‘ COUNT TWO 17. Petitioner realleges and incorporates paragraphs one re) through thirteen (13), and” paragraph fifteen (15), as if fully set forth herein this Count Two. _ 18, Respondent failed to keep legible, as defined by department tule in consultation with thel board, medical records that identify the licensed physician or the physician extender and suylervising physician by name and professional title who is or are responsible for rendering, ee supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, in that Respondent failed to properly review and cross- refprence patient medical records and reports to ensure that the correct location for radiation ‘reptment was specified on all orders and treatment plans,, | 19. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida 5 tutes, by failing to keep legible, as defined by department rule in consultation with the board, ical records that identify the licensed physician or the physician extender and supervising sician by name and professional title who is or are responsible for rendering, ordering, ising, or billing for each diagnostic or treatment procedure and that justify the course of tréatment of the patient, including, but not limited to, patient histories; examination results; test ts; records of drugs prescribed, dispensed, or administered; and reports of consultations and haspitalizations. | “WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order osing 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 4 10 Receivecl Event (Event Succeeded) Date: 5/4/00 | Time: ( YPM Pages: , 11 W so Duration: in 56 sec Pano mat 4. Bhima = 1:S7PM —- AHCA“MEDICAL Drtrtnes 8 NO.431 P4441 ne ~ | o to ; i | SIGNED this A 6 day of , 1999. ; Robert G. Brooks, M.D., Secretary Larry G. MoPherson, J | Chief Medical Attorney ' ' COUNSEL FOR DEPARTMENT: 1 ED | G. McPherson, Jr, DEP, Fit OF HEALTH ief Medical Attorney DE CLE | ency for Health Care Administration =| CLERK . i P,|O. Box 14229 Tallahassee, Florida 32317-4229 2 DATE ca ad ; i i | | i

Docket for Case No: 00-001913