oO & he REC ? ah STATE OF FLORIDA EIVED - LEGAL, an ry DEPARTMENT OF HEALTH gg FEB 25 py 3; Bye? t, (an 4 4 By DEPARTMENT OF HEALTH, tie as Ze | oe Petitioner, . SYS, “_ Case No. 98-14347 STEPHEN CHARLES GENTILE, D.P.M., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Podiatric Medicine against Stephen Charles Gentile, D.P.M., hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of podiatric medicine 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 boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent has been at all times pertinent hereto, a duly licensed podiatrist pursuant to Chapter 461, Florida Statutes, having been issued license number PO 0002444. 4. Respondent’s last known address is 2404 North Courtenay Parkway, Merritt Island, Florida 32953. 5. On or about February 3, 1998, Patient K.R. was admitted to the Weusthoff Health System Hospital for surgery of her right foot, ankle, and lower leg by the Respondent. 6. On or about February 3, 1998, Patient K.R.’s right leg was confirmed and marked “yes” to indicate the site on which surgery was to be performed. 7. On or about February 3, 1998, a tourniquet was applied to Patient K.R.’s left leg, and Patient K.R.’s left leg was prepped for surgery. | 8. On or about February 3, 1998, the Respondent incised Patient K.R.’s left leg. 9. On or about February 3, 1998, the Respondent, upon discovering the aforementioned error as stated in paragraph eight (8) above, repaired the wound on the left leg, and the correct right leg was prepped and surgery performed. 10. On or about February 3, 1998, the Respondent failed to obtain medical consent to perform surgery upon Patient K.R.’s left leg prior to performing the aforementioned surgical procedure referred to in paragraph eight (8) above. 11. The Respondent failed to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatrist as being acceptable under similar conditions and circumstances in that the Respondent failed to confirm the correct site for surgery of Patient K.R.’s leg resulting in the incision of the wrong leg. 12. The Respondent performed professional services upon Patient K.R. which were not duly authorized by the patient in that the Respondent failed to obtain an executed medical consent form from said patient prior to surgery. COUNT I 13. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 14. Based on the foregoing, the Respondent's license to practice podiatric medicine in the State of Florida is subject to discipline pursuant to Section 461.013(1)(s), Florida Statutes, for failing to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatrist as being acceptable under similar conditions and circumstances. COUNT 0 15. __ Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12) as if fully stated herein. 16. Based on the foregoing, the Respondent's license to practice podiatric medicine in the State of Florida is subject to discipline pursuant to Section 461 013(1)(n), Florida Statutes, for performing professional services which have not been duly authorized.by the patient or client or here of his legal representative. WHEREFORE, Petitioner respectfully requests the Board of Podiatric Medicine: enter an Order imposing one or more of the following penalties: imposition of an administrative fine not to exceed $1,000 for each offense, issuance of a reprimand, placement of the Respondent on probation, suspension of Respondent's license to practice, revocation of the Respondent's license and /or any other relief that the Board — deems appropriate. SIGNED thidt yay eonany 1999, 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 AGENCY: Christine T. Messana C ' Y Attorney Bar Number # 0153818 Agency for Health Care Administration DEP. a TILED ALTH General Counsel's Office - MQA Allied Health . P.O. Box 14229 Tallahassee, Florida 32317-4229 (850)487-2225 CTM/mt PCP: Dr. Jill Hickey, D.P.M. Dr. Stephen Meritt, D.P.M. 1/8/99 .

Docket for Case No: 00-004182PL