me “STATE OF FLORIDA 03 Jy os DEPARTMENT OF HEALTH ~8 DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 1999-55864 0%. 005YPL DONALD COLBERT, M.D., RESPONDENT. ee ee eee 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 Donald Colbert, M.D., hereinafter referred to as “Respondent,” and alleges: i. 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 0046871. Respondent's last known address is 1908 Boothe Circle, Longwood, FL 32750. 3. Respondent is Board Certified in Family Practice. . 4. Respondent practices medicine as “Florida Liposculpting Surgery Center” at 1908 Boothe Circle, Longwood, Florida. 5. On or about February 18, 1997, Patient C.C., a 24 year old female, presented to Respondent at his office for a consultation for liposuction of the patient's abdomen. 6. Patient C.C. was 5 feet, four inches in height and weighed 196 pounds. 7. Patient C.C’s abdomen showed significant skin redundancy with overhang at the panty line. . 8. On or about March 11, 1997, Patient C.C. returned to Respondent's office for pre-op examination, blood work and scheduling liposuction for abdomen and hips. 9. On or about April 1, 1997, Respondent performed liposuction on Patient C.C. at his office, using local anesthetic. 10. The liposuction on or about April 1, 1997, suctioned 1,000 cc of fat from the abdomen and 500 cc of fat from each hip of Patient C.C. _ 11. Medical records for the liposuction on or about April 1, 1997, maintained by Respondent do not document the time of the procedure, location of incisions, fluid exchange, intra-operative monitoring of vital signs, wound closure procedures, or observation of the patient for a recovery period. 12. The medical records for the liposuction procedure on or about April 1, 1997, maintained by Respondent do not document instructions to Patient C.C. for wound care. 2 13. On or_about the-evening of April 2, 1997, Patient C.C. contacted Respondent by telephone to complain of tenderness at the location of the incision in the right abdomen with drainage of serosanguinous fluid. 14. | During the telephone conversation on or about the evening of April 2, 1997, Respondent instructed Patient C.C. over the telephone to clean the incisions with peroxide and apply polysporin ointment. 15. On-or about April 7, 1997, Patient C.C. contacted Respondent's office by telephone to report that she had remove foam from the area of surgery and that skin had blistered and come off with the foam. 16. Onor about April 9, 1997, Respondent saw Patient C.C. in his office. 17. During the office visit on or about April 9, 1997, Patient C.C. complained of severe pain in the lower abdomen and inability to walk on her own. 18. During the office visit on or about April 9, 1997, Respondent debrided a wound, and applied peroxide, Bactroban ointment and Telfa over the wound. 19. In the medical records for the office visit on or about April 9, 1997, Respondent reported no apparent infection. 20. On or about April 9, 1997, Patient C.C. reported to the emergency department of Florida Hospital Orlando with a fever of 101.2, abdominal pain, and drainage from wound sites with a slight pungent odor. 21. On or about April 11, 1997, Patient C.C. underwent the first of many surgical procedures for debridement of necrotized tissue of the abdominal wall along with treatment for infection by E-coli and Proteus bacteria. a - ~ COUNT ONE . -- STANDARD OF CARE 4, Petitioner realleges and incorporates paragraphs one (1) through eleven (11), as if fully set forth herein this Count One. 5. Respondent failed 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, in one or more of the following ways: a) Respondent failed to recognize that patient C.C. was not an appropriate candidate for liposuction; b) Respondent failed to advise Patient C.C. that she was not an appropriate candidate for liposuction and of alternative procedures more likely to obtain desired results for Patient C.C.; c) Respondent performed liposuction on Patient C.C. despite the fact Patient C.C. was not an appropriate candidate for liposuction; d) On or about April 9, 1997, Respondent failed to recognize the signs of infection, obtain appropriate laboratory tests, and provide appropriate treatment for Patient C.C. 14. Based on the foregoing, Respondent violated Section 458.331(1)(t) Florida Statutes by failing 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. _. - - COUNT TWO INADEQUATE MEDICAL RECORDS 15. Petitioner realleges and incorporates paragraphs one (1) through eleven (11) and paragraph thirteen (13) as if fully set forth herein this Count Two. 16. Respondent failed to keep medical records which justify the course of treatment of Patient B.W. in one or more of the following ways: a) Respondent failed to document discussion with Patient C.C. of the appropriateness of liposuction for Patient C.C., and of alternative procedures more likely to obtain desire results for Patient C.C.; b) Respondent failed to document the time of the procedure, location of incisions, fluid exchange, intra-operative monitoring of vital signs, wound closure procedures, or observation of the patient for a recovery period. c) Respondent failed to document instructions to Patient C.C. for wound care. 17. Based on the foregoing, Respondent violated 458.331(1)(m) by failing to keep medical records that justify the course of treatment of Patient C.C. 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 casé as provided for in Section 456.072(4), Florida Statutes, and/or any other relief that the Board deems appropriate. SIGNED this | Mrday of Ay AY g , 2002. John O. Agwunobi, MD, MBA Secretary, Department of Health Nancy Snurkowski Chief Attorney, Practitioner Regulation FILED : DEPARTMENT OF HEALTH COUNSEL FOR DEPARTMENT: DEPUTY CLERK Bruce A, Campbell (CLERK g Co tne Boolaa = Senior Attorney DATE___(c | 36 | G2. Agency for Health Care Administration P, O. Box 14229 Tallahassee, Florida 32317-4229 Florida Bar # 191163 Bac PCP DATE: JuNE 14, 2002 PCP Members: Ashkar and Beebe

Docket for Case No: 03-000054PL