Received Event (Event Succeeded) $$ iS Date: 6/26/00 WW Time: \ ) 2:44 PM Pages: 8° Mee Sender: RemoteyG$ID-2na9 14:53 HCA . P.@5 STATE OF FLORIDA DEPARTMENT OF HEALTH (90- 2h DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 1997-10412 JORGE ANTONIO RODRIGUEZ, JR., M.D., RESPONDENT. ee ) 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 Jorge Antonio Rodriguez, Jr., 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 0064476. Respondent’s last known address. is 4600 4° Street North, St. Petersburg, Florida 33703. Respondent’s specialty is Orthopaedics and he is board certified in the same. , Received Event (Event Succeeded) Date. —~—~( 6/26/00 UO Time: (2:44 PM Pages: 8° we \ Sender: Remote GS-00 14:53 AHCA P.a6 3. On or about November 4, 1996, Respondent was to perform a trigger finger | | release and exploration on the right middle finger of Patient $.L., a forty-year-old female. | | 4. On or about November 4, 1996, Respondent incorrectly made an excision and performed an exploration on Patient S.L.’s right ring finger instead of Patient 8.L.’s right middle finger. Respondent discovered that he was operating on the wrong site and stopped the operation atthat point. = a 5. Respondent informed Patient S.L. that he had performed the procedure at the ‘Wrong site, the right ring finger, and obtained permission to continue the procedure at the | intended site, the right middle finger. co INE | | 6. Petitioner realleges and incorporates paragraphs one (1) through five (5), as if fally set forth herein this Count One. | 7, Respondent failed to practice medicine with that level of care, skill, and treatment | which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, in that Respondent performed surgery on the incorrect finger of Patient S.L., the right ring finger, before recognizing the error and performing surgery on the intended finger, the right middle finger. 8. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes, by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. Received Event (Event Succeeded) Date: 6/26/00 j Time: J 2:44 PM . WW *~, . Pages: 8 ¢ ~ Sender: ~ mt Remote G$iit-2009 14:53 eHcaY P.a? it 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 déems appropriate. SIGNED this ve, Yiay of le ond £ , 2000. Robert G. Brooks, M.D., Secretary COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P, O. Box 14229 . Tallahassee, Florida 32317-4229 enn Florida Bar # 0937819 i : DEPARTMENT OF BLT/jjwm DEP HEALT! PCP: April 21, 2000 oe E Vy CLERK PCP Members: Ashkar, Cheney AK Uchi R. Uison . DATE

Docket for Case No: 00-002605