Jun 27 2005 16:39 _o9 : 4 P.a3 JUN-27-2885 16:51 HC ~ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2004-02733 AJMAL SULTAN, M.D., RESPONDENT. ee ‘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, Ajmal Sultan, 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; Chapter 458, Florida Statutes, and with regulating the practice of resident and intern physicians pursuant to 458.345(5), Florida Statutes, JUN-27?-2085 16:51 . AHCA Jun 27 2005 16:39 om 2. At all times material to this Complaint, Respondent was a medical doctor in training within the state of Florida and was issued license number TRN 4581, 3. Respondent’s address of record is 1200 West Ave., Miami Beach, FL 33139. At all times relevant to this complaint, Respondent was affiliated with Jackson Memorial Hospital, also located in Miami, Florida. 4. On or 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 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. On or about May 31, 2002, Respondent entered an incorrect diagnosis of “well-differentiated adenocarcinoma” in Patient C.M.s chart. 7. On or about May 31, 2002, Respondent referred Patient C.M. to radiation oncology for radiation treatment. 8. On June 11, 2002, a tadiation oncology consultant recommended hormonal and radiation therapy, with a plan to irradiate Jun 27 2005 16:40 JUN-27?-2085 16:51 a AHCA P.@S os Patient C.M. with “7380 cGy to the prostate and the whole pelvis will be treated to 45 Gy”. 9. Between September 11, 2002 and November 12, 2002, Patient C.M. was in fact irradiated according to plan. 10. On or about February 20, 2003, and after 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 did not necessitate radiation treatment. 11. 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. 12. 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, when he entered a serious misdiagnosis into Patient C.M/s hospital record and recommended an erroneous and potentially hazardous treatment plan. Jun 27 2005 16:40 JUN-2?-2885 16:52 AHCA P.@6 “ss, 13. 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. SIGNED this ast day of ether , 2004, John O. Agwunobi, M.D., M.B.A., M.P-H. Secretary, Department of Health FILED P DEPARTMENT OF HEALTH DEPUTY CLERK CLER DATE. ko- 27? oY - Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0567027 (850) 414-8126 (850) 414-1989 FAX 4 Jun 27 2005 16:40 JUN-2?-2885 16:52 AHCA Pa? ros REF Reviewed and approved by: _n. (initials) __-\ 7/04 (date) PCP: october 22, 2004 PCP Members: 91panri, Patrowicz, Long Ajinal Sultan M.D, 2004-02733 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 ofa disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 05-002313PL