STATE OF FLORIDA = DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, ) PETITIONER, (0-H 10! fL v. | ~ CASE NO, 1999-56962 ROBERT JAY HELLER, M.D., RESPONDENT. ADMINI' COMES NOW the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Medicine against Robert Jay Heller, 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 authority 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 0033832. Respondent's last known address is 1601 West Bay Drive, Largo, Florida 33770. 3. Respondent is board certified in Obstetrics/Gynecology. 4. On or about May 17, 1997, at approximately 2:54 a.m., Patient N.S., a twenty-eight (28) year old gravida 1, para 0 (first pregnancy, no births) presented to Morton Plant Hospital, Clearwater, Florida at the labor and delivery department complaining of ruptured membranes. Patient N.S.'s EDC (estimated date of confinement) was May 22, 1997, with an uncomplicated prenatal course and unremarkable past medical history. 5. At the time of admission to labor and delivery, Patient N.S. was dilated at 1 cm. At approximately 7:30 a.m., Respondent ordered Pitocin. Complete dilation to 10 cm. occurred at 5:30 p.m. | 6. Respondent arrived bedside at 6:30 p.m., May 17, 1997. Patient N.S. was prepped for delivery. At some point thereafter a vacuum extractor assisted delivery was attempted. 7. Respondent's medical records for Patient N.S. do not reflect: any type of fetal distress at the time of decision to proceed with a vacuum extractor assisted delivery. | 8. Respondent's medical records for Patient N.S. do not reflect the position of the infant, adequacy of the pelvis, or other indications justifying use of a vacuum extractor. . 9. Respondent’s medical records for Patient N.S. do not reflect at what point in time the vacuum extractor was applied nor for how long such was attempted. 10. Patient S.S. was delivered vaginally at 6:59 p.m. on May 17, 1997. 11. At birth, | Patient S.S. suffered from multiple injuries and conditions, including but not limited to: depressed occipital skull fracture; bilateral occipital subdural hematomas; probable bilateral posterior fossa hematomas; right clavicular fracture; clinical sepsis; right cephalohematoma; seizure activity; hypotonia; dysphasia; clinical gastrenteritis; villus blunting versus atrophy; and jaundice. COUNT ONE 12. Petitioner realleges and incorporates paragraphs one (1) through (11), as . if fully set forth herein this Count One. 13. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonable prudent similar physician as being acceptable under similar conditions and circumstances by: a. Failing to allow adequate time for a nulliparous (woman who has never given birth) patient to adequately push prior to deciding on the use of a vacuum extractor; b. Attempting an operative delivery (vacuum extractor) even though there were no indications of any type of fetal distress; c Failing- to utilize proper technique in his use of the vacuum extractor; and d. Failing to abandon the vacuum extractor procedure once it became apparent that a proper seal could not be accomplished. 14. Therefose, Respondent is in violated Section 458.331(1)(t), Florida Statutes, for gross or repeated malpractice or the failure to practice medicine with the level of care, skill and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar circumstances. COUNT TWO 15. _ Petitioner realleges and incorporates paragraphs one (1) through (11) and paragraph (13) and (14) as if fully set forth herein this Count Two. 16. Respondent failed to keep adequate medical records that justify the: course of treatment of Patients N.S. and S.S., in that: a. The medical records do not document the position of the infant, adequacy of pelvis and indications justifying the use of a vacuum extractor; and b. The medical records do not reflect the time at which the vacuum extractor was first utilized nor the time such was discontinued. 16.° Respondent violated Section 458.331(1)(m), Florida Statutes, by failing to keep written medical records justifying 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 hospitalizations. WHEREFORE, the Petitioner respectfully requests the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or tke 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, and/or any other relief that the Board deems appropriate, to include 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_2/7”day of Ovstrbe __, 2000. Robert G. Brooks, M.D., Secretary OEPARTMENT OF HEALTH DEPUTY CLEAK CLERK Yehi henen DATE tol as/2ec= COUNSEL FOR DERARTMENT: Kathryn L. Kasprzak Chief Medical Attorney Agency for Health Care Administration P. O. Box 14229 0 Tallahassee, Florida 32317-4229 Florida Bar # 937819 LBE/le PCP: October 21, 2000 _ PCP Members: Ashkar, Murray, Rodriguez

Docket for Case No: 00-004701PL