Received Event (Event Succeeded) Date: | ime: : : . 6/14/00 (So Time: VU 11:07 AM Pages: * [9 : Sender: Remote CAIA:14.2008 11:12AM = AHCAYMEDICAL NO.337 P59 -_ ~ | 1457 STATE OF FLORIDA (0-4 DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 1997-10648 Vv. IVAN]. BARRIOS, M.D,, RESPONDENT. Ss co AINT COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Ivan J. Barrios, M.D., hereinafter referred to as “Respondent,” and alleges: , LL 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, Received Event (Event Succeeded) Date: 6/14/00 ( j Time: J" 1:07 AM Pages: 9 ; . Sender: | Remote CSIR 14.2028 11:12AM = AHCA/MEDICAL NO. 337 P.6/9 1 ' i ~~ : 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 corso, Respondent’s last known address is 747 Ponce de Leon Boulevard, #505, Coral Gables, FL 33134-2049, ! 3. Respondent is Board Certified in Orthopedic Surgery. . 4. On or about August 5, 1994, Patient HLP., a twenty-one (21) year old male, presented to Respondent with complaints of wrist pain subsequent to hitting a punching bag. 5. Respondent examined the patient and noted pain with dorsiflexion (straightening). Respondent took an AP (anterior and posterior) x-ray and a lateral x-ray but neither showed signs 4 of fractures. 6. Respondent diagnosed a wrist sprain, prescribed Relafen (an anti-inflammatory), placed the wrist in a wrist immobilizer, and instructed the patient to begin physical therapy at home. 7. In the x-ray report, Respondent’s report noted that “in the AP view the shape of the navicular is not well defined.” 8. Patient H.P. retumed to the Respondent's office on or about August 18, 1994 with persistent pain in the wrist. The Respondent’s associate noted continued pain but took no further x-rays. Respondent's associate recommended an MRI of the wrist but none were taken. 9. Patient HP, retumed to the Respondent on or about August 26, 1994, with complaints of continued wrist pain. Respondent ordered the patient to soak the affected area in warm water. Respondent did not obtain an MRI as recommended by his associate physician. 10... Subsequently, Patlent H.P. was seen by another physician and diagnosed with a fracture of his navicular with displacement. In or about June, 1995, Patient H.P had surgery performed by another physician to repair the break. Received Event (Event Succeeded) Date: 6/14/00 Time: 1) 11:07 AM Pages: ‘9 , Sender: Remote CSIB; 14.2229 11:12AM AHCA/MEDICAL NO.337 PL 79 . COUNT ONE 11. ‘Petitioner realleges and incorporates paragraphs one (1) through ten (10), as if fully set forth herein this Count One. | 12. Respondent practiced medicine below the standard of care by: a) Failing to adequately assess Patient H.P.’s complaints of pain; b) Failing to obtain a navicular x-ray of Patient H-P.'s wrist on the initial visit of August 5, 1994; °) Failing to obtain a navicular x-ray of Patient H.P.’s wrist on the follow-up visit of August 26, 1994; 4) Failing to obtain repeat radiographs of Patient H.P.’s wrist on the follow-up visit of August 26, 1994, when Patient ELP, retumed with continued symptoms and complaints. 13. Based on the foregoing, Respondent failed to practice medicine with that level of ' gare, skill and treatment which is recognized by a reasonably prudent similar physician as being . acceptable under similar conditions and circumstances, in violation of Chapter 458.331(1)(t), : Florida Statutes. . ' WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order ‘imposing one or more of the following penalties: permanent Tevocation 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 Received Event (Event Succeeded) Date: "6/44/00 U) Time: Wil Pages: “ 'g ; Sender: ‘ Remote C$IA:14.2000 11:12AM AHCA-MEDICAL NO. 337 P.8/9 . ' ! — | telated 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 Z* aay of Pari . 2000. Robert G, Brooks, M.D., Secretary Chief Medical ‘Attomey COUNSEL FOR DEPARTMENT: thryn L, Kasprzak Chief Medical Attomey Agency for Health Care Administration DEPARTMENT OF HEALTH P. O. Box 14229 DEPL sbi hone ‘Tallahassee, Florida 32317-4229 CLERK Florida ¢ Bar #937819 DATE ee ine 40 PCP: March 24, 2000 PCP Members: Winchester, McMillin

Docket for Case No: 00-002459