S@"d4 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2003-20632 DOUGLAS EILAND, M.D., RESPONDENT, : ADMINISTRATIVE COMPLAINT Petitioncr, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, !Jouglas Eiland, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practive of medicine pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statules, and Chapter 458, Florida Statutes. 2, At all times material to this Complaint, Respondent was a licensed physician within the slate of Florida, having been issued lIcense number 47560. 3. Respondent’s address of record is 1730 Alternate 19 South, Tarpon Springs, Florida 34689. 4. Respondent is board certified in radiology. 9Z:TT $00z ST dy 6867 FTP aos WOTTAM THOS 1“YoHs 6e:TT Seee—-STt—-ady 5. On or about July 11, 2003, Patient B.G., a forty-one year old male, was admitted to Helen Ellis Memorial Hospital. 6 On or about July 13, 2003, Patient B.G. was taken to the radiology department. Respondent inserled a central venous line in Patient B.G. 7. Acentral venous line is a type of intravenous line that is often placed for access to the circulatory system for the provision of medications and/or fluids when the peripheral venous system is not avallable for such use. 8. Patient B.G/s treating physician had not placed an order in the chart for insertion of a central verious line. However, Patient B.G. signed a consent form when he was in the radiology department for the central venous line insertion. 9. Respondent did not review Palient B.G/s chart and/or otherwise verify that a physician’s order for this procedure existed prior to Inserting the central venous line. He relied solely on a computer generated order which, due to staff error, incorrectly indicated that Patient B.G,, and not the intended patient, was scheduled for this procedure. 98° 6867 Pir B58 TWWsITdsSW) WS “e3He 62:1) Seee-St-Add 9Z:TT $00z ST dy 28"d 6867 FTP 458 WITTAW TES 1“YoHs 62:TT SeBe—-ST-Add 10. On er about July 14, 2003, Patient B.G’s treating physician issued an order to remove the central venous line. This order was later rescinded. | 11. Section 156.072(1)(aa), Florida Statutes (2003), provides that performing ar attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary of otherwise unrelated to the patient's diagnosis or medical conditian constitutes grounds for disciplinary aclion by the Board of Medicine. 12. Respondent failed to verify that a physician’s order for the insertion of a central venous line had been placed for Patient B.G., relying solely on an incorrect computer generated order, thereby performing health care services on the wrong patient. 13. Based on the foregoing, Respondent has violated Section 456.072(1)(aa), Florida Statutes, by performing or attempting to perform health care services on the wrong patient, a wrong-site pracedure, & wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated lo the patient's diagnosis or medical condition. QZ:TT S002 ST dy 88° WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: 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 appropriale. 6867 Fir 8o8 TWoITdSH TS 1“eoHe 6e:T Sse@e-St-add 2@:TT $00z ST dy SIGNED this_/2 day of November, 2004. John O. Agwunabi, M.D., M.B.A., M.P.H. Secretary, Department of Health a Maura M. Bolivar Fi Le thal? Assistant General Counsel GEPARTMENT QF HEALTH DOH Prosecution Services Unit EPUTY CLERK booed 4052 Bald Cypress Way, Bin C-65 ERK Moe Cpl Tallahassee, FL 32399-3265 dare Hp Florida Bar No. 0295840 (850) 414-8126 (telephone) (850) 414-1989 (facsimile) MMB/mb Reviewed and approved by: Peiee (nits) 4/77 [ey _(date) 1. P 200 . - PCP aoe ue mo von iM DCOMLI perea a), Peter Lamelas,M >, and Sohn Beek, 6@"d 6867 FTP aos TWoITdSH TS 1“eoHe GE:TT S@e-St—-add 2@:TT $00z ST dy Douglas Eiland, M.D., DOH Casc No, 2003-20632 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 ASSESSMENT 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 Ald 6867 FTP 458 TW?WSITsaW WHS 1“eoHd BE:TT SBBe-ST- 22:11 S002 ST dy ares

Docket for Case No: 05-001347PL