Received Event (Event Succeeded) . . Date: 7/25/00 a j Time: ne, Pages: 14 Y . Sender: Sese 14 1989 Remote PSi3- 29850 444 4989 AHCA/LEGAL MEDICAL a50 414 1989 = P.@5 - r a STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) ) Vv. ) CASE NO. 1998-18375 ) ROBERTO JOSE CALDERON, M_.D., ) ) RESPONDENT. +) b6-3037 a MINISTRATIVE C COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Roberto Jose Calderon, 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 0036177. Respondent’s last known address is 12095 S.W. 49" Street, Miami, Florida 33175. Received Event (Event Succeeded) Date: 7/25/00 Ly Time: ot Pages! 14 VY, Sender: Noort 1989 Remote ESH- 20850 444.4989 AHCA/LEGAL MEDICAL 850 414 1999 P.a6 c~ rm 3. Respondent specializes in radiology, and is board certified in Diagnostic Radiology, with special competence in Nuclear Radiology. 4. On or about August 3, 1995, Patient M.P., a twenty-two (22) year old female with a history of sick sinus syndrome, presented to the Kendall Regional Medical Center in Kendall, Florida, complaining of right arm swelling and redness in the area of a pacemaker which had been implanted the previous month. The next day, the admitting physician ordered a right upper extremity venous duplex scan, a form of Doppler ultrasound scan. That scan, which was performed on or about August 4, 1995, was interpreted by Respondent. 5. According to Respondent, that venous duplex scan showed no abnormalities. Respondent did not order or perform a venogram, another type of diagnostic scan which is considered more accurate and reliable in such cases than a venous duplex scan. 6. Relying on Respondent’s interpretation of the ultrasound scan, the admitting physician discharged Patient M.P. on or about August 5, 1995. On or about August 7, 1995, two (2) days later, Patient M.P. returned to Kendalt Regional Medical Center because her right arm was extremely swollen and tender. The admitting diagnosis was acute right subclavian vein obstruction with superior vena cava syndrome, and anticoagulant was prescribed. ‘7, The admitting physician ordered a venogram, which was interpreted by another radiologist. The second radiologist diagnosed acute deep venous thrombosis of the right subclavian and innominate veins. 8. Respondent failed to practice within the applicable standard of care by failing to recognize that the ultrasound scans of August 4, 1995 showed abnormalities and by failing to order or perform 2 venogram on Patient M.P. Received Event (Event Succeeded) Date: 7/25/00 Cy Time: 3 Pages: 14 Y . Sender: Hea 41989 Remote GSH3-27850 444 4989 AHCA/LEGAL MEDICAL 858 414 1999 Pa? COUNT ONE 9. Petitioner realleges and incorporates paragraphs one (1) through eight (8), as if fully set forth herein this Count One. 10. Respondent failed to properly interpret an ultrasound scan of the upper extremity venous circulation of Patient M.P. on or about August 4, 1995, and failed to obtain a venogram, which would have given a more accurate picture of the patient’s circulatory problems and was the generally acceptable procedure in that situation. 11. Therefore, Respondent is in violation of Section 458.331(1}(t), Flonda Statutes, for gross or repeated malpractice or the failure 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. 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 deems appropriate. SIGNED this 2" aay of Yascd 2000. Robert G. Brooks, M.D., Secretary DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Ueki RDMint 3 Neve ¥28/ APO thief Medical Attorney Received Event (Event Succeeded) Date: 7/25/00 WV j Time: (3 Pages: 14 Y . Sender: As 14 1989 Remote (SID: 2nt0 484.4989 AHCA/LEGAL MEDICAL 858 414 1989s P.08 - rm la COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P.O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 937819 KLK/mrh PCP: March 24, 2000 PCP Members: Winchester, McMillin

Docket for Case No: 00-003037PL