ib STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CHRISTOPHER BALD, M.D., ) ) ) ) v. i) CASE NO. 1998-22272 ) ) ) RESPONDENT. _) 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 Christopher Bald, 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 0030504. Respondent’s last known address is 40 S.W. 12 Street, Suite A-102, Ocala, Florida 34474. 3. Respondent is board certified in Otolaryngology. _— * U UW 4. On or about June 11, 1998, Patient cc” presented to Respondent with complaints of pain in and around the left side of his neck, jaw and ear area for about one year. A computerized axial tomography scan (CAT scan) demonstrated a calcified left stylohyoid ligament and elongation of both styloid processes. 5. The styloid ligament is a ligament with an origin from the styloid process of the temporal bone, a bone relating to or near the temples of the skull. 6. On or about June 26, 1998, Respondent obtained consent in his office for excision of the styloid process. Respondent did not indicate which one he was going to excise on the consent on , " ; ° agreement. 7. On or about June 28, 1998, Respondent removed Patient C.C.’s right styloid process. 8. In the recovery room Patient C.C. complained of continued pain on his left side. Patient C.C. pointed to the right side of his neck and asked the nurse “Did he do this one too?” The nurse told Patient C.C. that the operation had been performed on his right side only. 9. Approximately forty-five minutes: later Patient C.C. was returned to the operating room, and Respondent then performed the procedure on Patient C.C.’s left side. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) through nine (9), as if fully set forth herein this Count One. 11.’ Respondent removed Patient C.C.’s right styloid process, though Patient C.C.’s pain was due to a calcified left stylohyoid ligament. 12. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes, by committing gross or repeated malpractice or the failure to practice medicine with that level of YU YW care, skill, and treatment which is recognized by a feasonably prudent similar physician as being acceptable under similar conditions and circumstances. COUNT TWO 13. Petitioner realleges and incorporates paragraphs one (1) through nine (9), and paragraph eleven (11), as if fully set forth herein this Count Two. 14, Respondent failed to specify on the consent for anesthesia and operative procedures ; that the procedure was to be performed on the left side. ; 15. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 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 & U UY 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 deems appropriate. .SIGNED this _/ F day of , 2000. Robert G. Brooks, M.D., Secretary COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration Fl LED P. O. Box 14229 DEPARTMENT OF HEALTH Tallahassee, Florida 32317-4229 DEPUTY CLERK Florida Bar # 937819 CLERK 4/ oma EDL\ OD PCP: June 16, 2000 DATE, PCP Members: Ashkar, Zachariah, Rodriguez

Docket for Case No: 00-002825PL