. Received Event (Event Succeeded) AA Date: 9/29/00 Time: 4:20 PM Pages: 7 Sender: RemotgGSi3" 2909 16:29 AHCA P23 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) ) PETITIONER, ) ) . v. ) CASE NO. 1997-05873 ) STRICKER COLES MAYS, II, M.D., ) ) : 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 Stricker Coles Mays, II, 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 456, 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 0042462. Respondent’s last known address is 4560 Francisco Road, Pensacola, Florida 32504-8785. 3. Respondent is board certified in obstetrics and gynecology. Received Event (Event Succeeded) eS Date: 9/29/00 Time: 4:20 PM Pages: 7 Sender: _ RemoteGS18-2909 16:29 AHCA P.@4 4, Patient G.M., a female then-age 28, presented to Respondent on an outpatient basis on July 6, 1995 for obstetrical care. On or about August 17, 1995, Respondent ‘diagnosed Patient G.M. as carrying twins, Respondent or Respondent’s staff saw Patient G.M. on an outpatient basis intermittently from July 6, 1995 to February 13, 1996, for management of her pregnancy. _ Respondent noted signs of early preeclampsia (pregnancy-induced hypertension) and early labor, and scheduled Patient G.M. for induction of labor on February 15, 1996. 5. Patient G.M. was admitted to Sacred Heart Hospital in Pensacola at or about 8:00 p.m. on February 14, 1996, At or about 6:20 a.m. on February 15, 1996, an ultrasound examination was performed by Dr. Tolaymet. The examination showed twin “A” to be in a vertex (head first) presentation. Twin “B” was in a breech presentation (presenting buttocks or feet first); specifically, transverse (lying crosswise). 6. Pursuant to her treatment plan, labor was induced in Patient G.M. at or about 6:20 am. on February 15, 1996, by administration of Pitocin. The membranes for twin “A” were artificially ruptured at or about 8:20 a.m. Twin “A” was delivered vaginally by Respondent at or about 11:50 a.m. on February 15, 1996. 7. At or about 11:50 am. on February 15, 1996, a resident physician, Dr, Navarro, performed an external version (repositioning) of twin “B” at Respondent’s direction. Dr. Navatto’s ultrasound examination at or about 11:52 a.m. indicated that twin “B” had been repositioned to a vertex presentation. Respondent performed an artificial rupture of the membranes for twin “B” at or about 11:52 am. 8. Significant fetal heart decelerations were recorded for the first time for twin “B” at or about 11:55 am. on February 15, 1996. Between 11:55 a.m. and noon, the decelerations worsened sharply. ._Received Event (Event Succeeded) Date: 9/29/00 Time: 4:20 PM Pages: 7 Sender: _ Remote GSi8:2909 16:30 AHCA 9. Rather than to proceed directly to delivery by cesarian section in response to the decelerations between 11:55 am. and noon on February 15, 1996, Respondent attempted to complete a vaginal delivery by use of forceps. After two unsuccessful attempts to deliver by forceps, it was noted that the cervix and lower uterine segment was clamped down around the baby’s neck, lower head, and shoulders. At that point, there was severe fetal bradycardia, 10. Respondent performed an emergency cesarian section on or about 12:10 p.m. on February 15, 1996, and delivered twin “B”. The Apgar score (an assessment of newborn well- being)-at' one minute was zero (lacking any signs of life). Twin “B’. was resuscitated and transferred to the hospital’s neonatal intensive care unit in critical condition. 11. Section 458.331(1)(t), Florida Statutes, provides that the Board of Medicine may take disciplinary action against a licensed medical doctor upon the medical doctor’s 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. 12. Respondent violated Section 458.331(1)(t) with regard to Patient G.M. on February 15, 1996, due to one or more of the following facts: a. Respondent failed to proceed directly to delivery by cesarian section in response to the fetal heart decelerations which transpired between 11:55 a.m. and noon on February 15, 1996, concerning twin “B”. b. Respondent failed to proceed to delivery by cesarian section following the fetal heart decelerations which transpired between 11:55 am. and noon on February 15, 1996, and instead attempted a vaginal delivery by use of forceps. .Received Event (Event Succeeded) Date: 9/29/00 Time: 4:20 PM Pages: 7 Sender: _ Remote GSI9: 2900 16:30 AHCA c. Respondent failed to proceed to delivery by cesarian section following the first unsuccessful attempt at a vaginal delivery by use of forceps, after the fetal heart decelerations which transpired between 11:55 a.m. and noon on February 15, 1996, . d. Respondent proceeded to delivery by cesarian section only after severe fetal bradycardia and two unsuccessful attempts at vaginal delivery by use of forceps. 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 reptimand, placement of the Respondent on probation, the assessment of costs related to the investigation and prosecution of this case as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this * UtVaay of Agu , 2000. Robert G. Brooks, M.D., Secretary (Kathryn L. Kaspreak Chief Medical Attorney COUNSEL FOR DEPARTMENT: Kathryn L. Kasprzak . Chief Medical Attorney Agency for Health Care Administration DEPARTMENT OF HEALTH P. O. Box 14229 DEPUTY CLERK Tallahassee, Florida 32317-4229 cuenK Yahi. Keron Florida Bar # 937819 ooo KLK/mme DATE 23 PCP: August 18, 2000 PCP Members: Ashkar, Leon, Rodriguez

Docket for Case No: 00-004040PL