Aug 29 2005 11:47 AUIG-29-2885 11:59 . AHCA P.@3 Cay \ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-16560 MITCHELL LEVY, 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, Mitchell Levy, 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 physician within the State of Florida having been issued _ license number ME 26721. 3. Respondent’s address of record is 201 N.W. 82" Avenue, OOH v. Mitchell Levy, M.D.; DOH Casa No. 2004-16560 J:\P5U\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD; 2004-16560\AC Mitchell Levy, MD; 04-16560.doc AUG-29-2885 12°6H AHCA oa Aug 29 2005 11:47 oo Suite 203, Plantation, Florida 33324. 4. Respondent is board certified surgery. 5. On or about March 10, 2004, Patient H.D.M. was scheduled to undergo removal of right breast implant to be performed by Respondent at the Outpatient Surgical Service affiliated with Westside Regional Medical Center (WRMC). 6. Patient H.D.M. indicated on her pre-operative questionnaire form that she had (at the time of the surgery or previously) the following conditions: A. Breast cancer; B. Brain cancer; and C. Liver cancer. 7. Patient H.D.M. also reported that she had undergone chemotherapy, radiation, steroid treatment, and was taking multiple prescribed medications. 8. Patient H.D.M. had a history of cardiomyopathy, tachycardia, shortness of breath, and had been known to abuse alcohol. 9. | Respondent’s pre-surgical history incorrectly indicated the 2 DOH v. Mitchell Levy, M.0.; DOH Case No, 2004-16560 J:\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD; 2004-16560\AC Mitchell Levy, MD; 04-16560.doc AUIG-29-2885 12:88 AHCA oo Aug 29 2005 11:48 =, absence of neurological disease, heart disease, alcohol abuse, steriod therapy, and omitted the daily medications Patient H.D.M. was . taking. 10. The per-operative nurse documented that Patient H.D.M. had a rapid pulse of 106, rapid respiratory rate of 22, and an irregular heart beat. 11. At or about 1002 (10:02 a.m.), Respondent began the operation to remove Patient H.D.M/s right breast implant. 12. At or about 1008 (10:08 a.m.), Patient H.D.M. underwent a cardiac arrest. 135. Patient H.D.M. was able to be resuscitated and was transferred to the intensive care unit of WRMC. 14. Respondent failed to document the numerous pre- operative medical conditions of Patient H.D.M. in his operative notes and failed to adequately measure the risk of the procedure in light of Patient H.D.M.’s medical history and condition. 16. Respondent should have performed Patient H.D.M.’s procedure in the inpatient operating room of WRMC rather than in an outpatient surgical facility. 3 DOH v. Mitchell Levy, M.D.; DOH Case No. 2004-16560 4:\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD; 2004~16560\AC Mitchell Levy, MD; 04-16560.doc AUG-29-2885 12°6H AHCA om Aug 29 2005 11:48 ‘, COUNT ONE 17. Petitioner realleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein in this Count One. 18. Section 458.331(1)(t), Florida Statutes (2003), provides that 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. 19. 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) by performing Patient H.D.M.’s surgery in an outpatient surgical facility instead of an in patient operating room; and b) by failing to properly evaluate and/or consider the risks of the procedure compared with the serious co-morbid medical condition of Patient H.D.M. 20. Based on the foregoing, the Respondent has violated DOH vy. Mitchell Levy, M.D.; DOH Case No. 2004-16560 J:\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD: 2004-16560\AC Mitchell Levy, MD: 04-16560.doe Aug 29 2005 11:48 AUIG-29-2885 12:88 AHCA A oo Section 458.331(1)(t), Florida Statutes (2003), 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 21. Section 458.331(1)(m), Florida Statutes (2003), provides that failing to keep legible medical records that justify 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 consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Medicine. 22. Respondent failed to adequately document in his pre- surgical notes Patient H.D.M’s previous medical condition, history, and current medications. 23. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2003), by failing to keep legible medical records that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; 5 BOH v. Mitchell Levy, M.D.; DOH Case No, 2004-16560 7:\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD; 2004-16560\aC Mitchell Levy, MD; 04-16560.doc Aug 29 2005 11:49 AUG-29-2885 12°81 AHCA s— oN test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penaities: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. a SIGNED this__3/” day of 2005. John ©. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILE: DEPARTMENT OF HEALTH DEPUTY GLERK CLERK KI secbtee (: DAMA DATE 5~ 31-05 Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0394572 850.410.0623 850.488.7723 Fax LAQP/sw 6 BOH v. Mitchell Levy, M.D.; DOH Case No. 2004-16560 J:\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD; 2004-16560\AC Mitchell Levy, MD; 04-16560.doc Aug 29 2005 11:49 AUIG-29-2885 12tet AHCA Reviewed and approved by: Ly (initials) 24 246 (date) PCP: may 27, 2005 PCP Members:gj-sahri, Lang 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. DOH v. Mitchell Levy, M.D.; DOH Case No. 2004-16560 2;\PSU\Medical\LYNNE\aa Medical cases\Levy, Mitchell MD: 2004-16560\AC Mitchell Levy, MD; 04-16560.doc

Docket for Case No: 05-003129PL