Sep 1 2005 858 414 1989 P.@3 SEP-@1-2085 11:56 _ ARCA/LEGAL MEDICAL STATE OF FLORIDA DEPARTMENT OF HEALTH ‘DEPARTMENT OF HEALTH, PETITIONER, V. CASE NO. 2003-26328 ATHANASIOS D. ZACHOS, M.D., RESPONDENT. ef ADMIN. Cc NT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Anthanasios D. Zachos, 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 4158, Florida Statutes, 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida and was issued license number ME 38087, Sep 1 2005 11:57 SEP-@1-2085 11:57 AHCA/LEGAL MEDICAL 856 414 1989 P.a4 CERTIFICATE OF SERVICE 1 CERTIFY thal a lrue anc correct copy hereof has been furnished to Britt Thomas, Esq., George, Hartz, Lundeen, Fulmer, et al., Post Office Box 14500, Tallahassee, Florida 32317-4500, by postage-paid U.S. Mail, O Hand-Deélivery, LJ E-mail, LI Facsimile £ day of & -lenbe- 2005. lake Hunler sistant General Counsel Transmission, and/or] Over Night Mail, this | 11:57 Sep 1 2005 _ _ 858 414 1 : AHCA/LEGAL MEDICAL SEP-@1-2805 11:57 a Met 3. Respondent's address of record Is Okaloosa “Walton Urology, PA, PO. Box 1147, Crestview, Florida 32536, Urological! Association. 5. “three (53) year- the Respondent “marker” Which would Make it identifiable On plain Film X-ray, 8, Respondent failed to remove th @ blue Surgical towel at the Conclusion of the Procedure, Sep 1 2005 11:58 SEP-@1-2805 11:57 _AHCAYLEGAL MEDICAL 856 414 1989 P86 11. Section 456.072(1)(bb), Florida Statutes (2001), provides that leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needie, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures, constitutes grounds for disciplinary action by the Board of Medicine. 12. The Respondent left a blue surgical towel in the body of Patient LJ, 13. Based upon the foregoing, the Respondent violated Section 456.072(1)(bb), Florida Statutes (2001), by leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures. 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. Sep 1 2005 11:58 SEP-@1-2085 11:58 _ ,ARCA“LEGAL MEDICAL 856 414 1989 Pa? SIGNED this | | iB day of faba , 2005. John ©. Agwunobl, M.D., M.B.A. Secretary, Department of Health DEPARTM ENTOF HEALTH Assistant General Counsel ENT or te cml 4 U Tallahassee, FL 32399-3265 ore. alis|os Florida Bar No.: 0570788 (850) 414-8126 Business (850) 414-1989 Facsimile fjbh Reviewed and approved by: _2é-/€ (initials) _/// 12/0 (date) : 2005 ; “te pop: Februar i, ccd beshkarMD. (choirpersen), Mar & Avila M.D. and “ohn Beebe Athanasios D. Zachos, DOH Case No. 2003-26328 Sep 1 2005 11:58 SEP-@1-2085 11:58 , _RACAYLEGAL MEDICAL 856 414 1989 P.@8 NOTICE OF RIGHTS Respondent has the right to request a hearing fo be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, bo 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. Athanasios D, Zachos, DOH Case No. 2003-26328

Docket for Case No: 05-003197PL