STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, , PETITIONER, v. CASE NO. 2003-24451 NORMAN BLOCK, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Norman Block, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed medical doctor practicing within the state of Florida and was issued license number ME19416. 6a-Prad HOH S2:TT ShBe-82—- ST:TT S00¢ SZ Jey a 3. Respondent's address of record is c/o University of Miami School of Medicine, P.O. Box 016960 (M814), Miami, Florida 33101. At all times relevant to this complaint, Respondent was affiliated with Jackson Memorial Hospital, also located in Miami, Florida. 4, Onor about May 13, 2002, Patient C.M., a 57 year-old male, presented to Jackson Memorial Hospital (JMH) for an ultrasound-guided biopsy of the prostate. 5. On or about May 16, 2002, a pathologist reported that the biopsy specimen demonstrated chronic inflammation, benign prostatic hyperplasia and granulomatous prostatitis. The report did not include any reference to malignancy. 6. Onor about May 31, 2002, Respondent, as attending physician, had oversight responsibility for the interns training within his service as part of their practical education. Respondent's oversight responsibility included Intern A.S. 7. On or about May 31, 2002, Intern A.S. entered an incorrect diagnosis of “well-differentiated adenocarcinoma” in Patient C.M.’s chart. 8. Onor about May 31, 2002, Intern A.S. referred Patient C.M. to radiation oncology for radiation treatment. 2 Robert Block, M.D., Case # 2003-24451 eas" HOH ST: TT S00¢ 82 +e) S2:TT SHBe-82-A _ _ 9. At the time of the incorrect diagnostic entry and treatment recommendation, Respondent did not exercise adequate control over the activities of A.S. so as to prevent the error and unnecessary treatment order. 10. On June 11, 2002, a JMH radiation oncology consultant recommended hormonal and radiation therapy, with a plan to irradiate Patient C.M. with “7380 cGy to the prostate and the whole pelvis will be treated to 45 Gy”. 11. Between September 11, 2002, and November 12, 2002, Patient C.M. was in fact irradiated according to plan. 12. On or about February 20, 2003, and after completion of radiation therapy, a routine review of patient records by hospital staff revealed that Patient C.M.’s prostate problem was benign and that his actual condition had not necessitated radiation treatment. 13. Section 458.331(1)(t), Florida Statutes (2001, 2002), provides that 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 constitutes grounds for disciplinary action by the Board of Medicine. 3 Robert Block, M.D. Case # 2003-24451 66°98" d HOH act? SHBe—-82-A ST:TT S00¢ SZ 4ey 14, 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, in that he was the attending physician responsible for supervising the activities of the interns practicing within the urology service when one of them entered a serious misdiagnosis into Patient C.M.’s hospital record and recommended an erroneous and potentially harmful treatment plan. 15. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2001, 2002), by failing 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. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected remedial education and/or any other relief that the Board deems appropriate. 4 Robert Block, M.D., Case # 2003-24451 66/8" d HOH act th = SeBe-82—-Ad ST:TT S00¢ SZ 4ey S SIGNED this wt day of 2004. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health ee: "OSISTL Assistant General Counsel DOH Prosecution Services Unit DEPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 DEPUTY CLERK Tallahassee, FL 32399-3265 CLERK NI noobs Column, Florida Bar # 0567027 DATE__@- i -OS (850) 414-8126 (850) 414-1989 FAX REF Reviewed and approved by DL/IC (initials) 5/74 /oY (date) PCP: vapruary 21, 2005 PCP Members: 1 -panri, Coto, Dyches $ Robert Block, M.D., Case # 2003-24451 6688" d HOH act th = SeBe-82—-Ad ST:TT S00¢ SZ 4ey 64"d TWLOL NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120,569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSISSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. 6 Robert Black, M.D., Case # 2003-24451 6668" d HOH act th = SeBe-82—-Ad 20: TT S00¢ 82 eh

Docket for Case No: 05-001135PL