OCT-27-2885 Oct 2F 2005 isis? AHCA“LEGAL MEDICAL 854 414 1989 P.2 o_o raed B= STATE OF FLORIDA S DEPARTMENT OF HEALTH 2 3 DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO, 2004-29045 ALFRED MASSAM, M.D., RESPONDENT, / es DMINISTRATI MPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Alfrect Massam, 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 16216. 1 J:APSU\Medical\ndith Law\Physicians\Administrative Complaints\massam(t)duc.doc. OCT-27-2085 15:57 , PHCALEGAL MEDICAL vet 26 20 ‘pan aid 1989 = PLS 3. Respondent's address of record is 4325 Sun N Lakes Blvd. Suite 105, Sebring, Florida 33872. 4, On or about August 28, 2002, Patient 0.5., an 89 year old female, presented to the Emergency Room at Florida Hospital with a fractured right fernur, following an automobile accident, 5. On or about August 29, 2002, Respondent operated on Patient 0.5. and placed an open reduction internal fixation device into Patient 0.S.'s right femur. 6. On or about September 2, 2002, Patient O.S. started rehabilitation at Lake Placid Health Care Center. 7. Patient 0.S. continued to experience pain at the operative site, and on or about September 16, 2002, Patient O.S. was sent to Lake Placid Florida Hospital for x-rays of the Implant site. 8. On or about September 17, 2002, Patient O.S. was seen by Dr. T.R. who informed her that she needed an additional operation as the interlocking screws had been improperly positioned at the ee ere enced initial surgery causing the rod to come free and shift into the right lower abdomen which was causing Patient O.S. pain. 2 J\PST\Medical\ Judith Law\Physicians\A dministrative Complaints\massam(t)doc.doc sectarian Aine Se OCT-27-2085 15:57 Oct 27 2005 15:59 AHCA/LEGAL ~ MEDICAL 856 414 1989 P.a4 9. On or about September 19, 2002, Patient O.S. underwent corrective surgery to place the screws through the holes of the intramedullary interlocking rod to correct the failure of the Respondent to properly place the screws during the first surgery. 10, A reasonably prudent similar physician would have inserted the Interlocking Screws through the intramedullary rod of the right femur, and by not documenting with appropriate permanent x- ray views. By not placing the screws through the rod, this allowed migration of the rod upon weightbearing. 41, Section 458.331(1}(0), Florida Statutes (2002), sets forth grounds for disciplinary action for 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. 12. Respondent failed to practice medicine with that level of care, skill, and treatment, which is recognized by a reasonably prudent similar physician @s being acceptable under simitar conditions and circumstances by not placing the screws through the holes of the 3 JAPSU\MedicalMudith Lew\Physiclans\Administrative Complainta\massam(t)doc.doc Oct 27 2005 16:00 OCT-27-2085 15:58 . AHCA“LEGAL MEDICAL 856 414 1989 P.@S intramedullary rod during the initial surgery on or about August 29, 2002. 13. Based on the foregoing, Respondent violated Section 458,331(1)(t), Florida Statutes (2002), 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, WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocatian or suspension of 7 4 : i . ig 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 JAPSU\Medical\ Judith T.aw\Physicians\Administrative Complaints\massam(t}doc.doc Oct 27 2005 16:00 OCT-27-2085 15:58 AHCA/LEGAL MEDICAL 856 414 1989 P.@6 oo fou when, SIGNED this 21 day of __“++52-C— , 2005. John 0. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health —_~S 2 ™ Co. 5, Blake Hunter Fl LED Assistant General Counsel DEPARTMENT OF HzatrH DOH Prosecution Services Unit GLERK 4052 Bald Cypress Way, Bin C-65 cue Sheen Mike Tallahassee, FL 32399-3265 DATE, ¥-30-08 Florida Bar No.: 0570788 (850) 414-8126 Business (850) 414-1989 Facsimile Reviewed and approved by: Ctx (initials) & 2 fos“(date PCP: august 26, 2005 PCP Members: El-Dehri, Fine, DOH Case No. 500429045 5 JAPSU\Medicaludith Law\Physicians\Administrative Complaints\massam(t)dne.doc Oct 27 2005 16:00 OCT-27-2085 15:58 AHCAH 7a LEGAL MEDICAL 856 414 1989 Pa? 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 JAPSU\Medical\Judith Law\Physicians\Administrative Complaints\massam(?)doc.duc

Docket for Case No: 05-003993PL