wy FI LE D + __ STATE OF FLORIDA RECEIVED LEGAL : : 3 Be dn Ba ‘D. . 00 JUL-7 PH Shh EPARTMENT OF HEALTH SOMAY-3 PH 2: 16 pivision OF AOUIMSTRALIVE HEARINGS . DEPARTMENT | OF HEALTH, Petitioner, O O- a 7 gS Vs. . CASE NO. 97-04880 CRAIG C. MAGUIRE, DPM. Respondent.. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, and files this Administrative = _ Complaint before the Board of Podiatry against the Respondent, CRAIG C. MAGUIRE, D.P.M., and in support thereof would state: 1, Petitioner is the state agency charged with regulating the practice of Podiatry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes? and Chapter 461, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the "Agency," to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. ase” Go 3. . _ Respondent has been, at all times pertinent hereto, a duly licensed Podiatrist pursuant to Chapter 460, Florida Statutes, having been issued license number 0001030. 4. Respondent's last known address is 1510 East Colonial Drive, Suite 100W, Orlando, Florida 32803. | 5. At all times material hereto the respondent was the treating Podiatrist for a patient hereinafter referred to as BC. 6. On May 13, 1996 BC presented to the Respondent's office, and was diagnosed with bi-lateral Hammertoe deformities of the second toe, with a metal pin lodged in the left second toe. | 7. On May 13, 1996 BC signed a consent for surgery for removal of the metal pin and correction of the Hammertoe deformity. The consent authorized surgery on the patient's right second toe. , 8. The patient presented for surgery on June 20, 1996, however, due to the fact that BC was on medication, the surgery was postponed until July 9, 1996. 9. (On july 9, 1996 the Respondent performed the surgical procedure on.BC for the correction of the Hammertoe deformity and removal of the metal pin on the patient's nd toe, ri right ‘foot. ‘The Respondent failed to find the buried metal pin, which was located in BC's second toe of the left foot. The Respondent did not discover this error until three to four weeks post-surgery. 10. Subsequent to the surgery the operative site became infected, resulting in the amputation of BC's right foot. w V Te \/ 12. As a result, the sespondent's conduct was well below the level of care, skill and treatment recognized by reasonable prudent podiatrists as being acceptable under .. Similar conditions and circumstances, contrary to Section 461.013(1)(s), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Podiatry enter an Order disciplining the Respondent as provided for by law, together with any other and further relief deemed just under the circumstances, __ Stowen hyo ft Dare 1090 Robert G. Brooks, M.D. Secretary, Department of Health _ + By: Nancy M. Snurkowski ~< "Chief Attorney On Behalf of the Agency for ~ Health Care Administration COUNSEL FOR AGEN! Lawrence F. Kranert, Jr.{ {- , . . Senior Attomey ~ : , F J L E D Bar No. 0171063 DEPARTMENT OF HEALTH Agency for Health Care Administration ; ... . "DEPUTY CLERK “General Counsel's Office - MGA - . cus ftihame hen “Allied Health’ , : . . a ___ P.O. Box 14229 a pate._“F- 30-35 "Tallahassee, Florida 32317-4229 (850)487-2225 , LFK/mt, yee ron ee ere een eee eres

Docket for Case No: 00-002783PL