ta Jan 4 2006 14:31 JAN-G4-2886 14:12 FL DEPT OF HEALTH 856 488 1855 os. os, STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. . CASE NO. 2004-23576 SCOTT L. GELLER, 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 the Respondent, Scott L. Geller, 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. Respondent's address of record is 29 Barkley Circle, Fort Myers, Florida 33907. 1 J:\PSU\Medical\Irving Levine\AC\Gcller.ac.doc Jan 4 2006 14:31 JAN-G4-2886 14:12 FL DEPT OF HEALTH 856 488 1855 P.a4 —™ “~ 3. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number 35800 on December 18, 1979. 4. | Respondent is board certified in Ophthalmology. 5. Onor about December 15, 2003, Patient N.C., a then seventy- two (72) year old female, presented to Respondent with complaints of floaters in her left eye with obscured vision for three years. Respondent diagnosed Patient N.C. with posterior vitreous separation and recommended YAG laser to disrupt the floaters. 6. On or about January 6, 2004, January 8, 2004, January 20, 2004, and March 2, 2004, Respondent performed a YAG laser procedure on Patient N.CJs left eye in an attempt to break up the floaters and thereby improve Patient N.C’s vision. The procedures performed by Respondent caused Patient N.C.’s larger floaters to break up into more numerous but smaller floaters. 7. Patient N.C. had signed one or more consent forms on the aforementioned dates when Respondent performed the YAG laser procedure. However, the consent form does not state that there was a risk 2 J.A\P5U\Medicalrving Levine\AC\Geller.ac.doc Jan 4 2006 14:31 JAN-G4-26H6 14:12 FL DEPT OF HEALTH 854 468 1655 P.@S the floaters could breakup and increase in number as a result of the YAG laser procedure. 8. The standard ophthalmologic treatment for floaters is generally confined to conservative observation. The YAG laser procedure is not generally approved as a treatment for floaters by reasonably prudent similar ophthalmology physicians. Even retina specialists would not utilize a YAG laser to treat floaters. | 9. The risk of increased floaters as a result of the YAG taser procedure was not adequately explained to Patient N.C. prior to the procedures and was not listed on the consent forms signed by Patient N.C. 10. Section 458.331(1)(t), Florida Statutes (2003), provides that failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable uncer similar conditions and circumstances constitutes grounds for disciplinary action by the Board of Medicine. 11. 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 laser procedures to 3 JAPSU\Medicalrving Levine\AC\Geller.ac.doc JAN-G4-2686 14°15 FL DEPT OF HEALTH fan 2008 ‘aso 48 1855 P.@6 m7 lo : eliminate floaters on Patient N.C. instead of confining his treatment to conservative observation; b) by using the YAG laser procedure that is not generally used or approved by similar ophthalmology physicians to treat floaters; c) by failing to adequately inform Patient N.C. of the risks of the laser procedure; d) by failing to include the risk of increased floaters on the consent form. 12. Based on the foregoing, Respondent has violated Section 458.331(1\(t), Florida Statutes, 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 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. TABI A idadivall bepinge T anil AMV olla an aaa Jan 4 2006 14:32 JAN-H4-288H6 14:15 FL DEPT OF HEALTH S54 468 1855. P.a? om a 4 ry SIGNED this 937 day of Jue 2005. John ©. Agwunobi, M.D., M.B.A. A a ' 4 Fo (dy: Irving Levine Assistant General Counsel FILED DEPARTMENT OF HEALTH DOH-Prosecution Services Unit EPUTY CLERK 4052 Bald Cypress Way-Bin C-65 CLERK Nocti Colman Tallahassee, Florida 32399-3265 DATE__ (9 ~ ZF - OS Florida Bar # 0822957 (850) 414-8126 (850) 414-1989 fax Reviewed and approved by: cry (initials) 5 [3 [o>” (date) PCP: ame 24, 2005 PCP Members: gi-gahri, Ondra, Dyches Scott Geller, M..D. DOH Case: 2004-23576 5 JAPSU\Medicai\irving Levine\AC\Geller.ac.doc Jan 4 2006 14:32 JAN-G4-2686 14°15 FL DEPT OF HEALTH 854 468 1655 P.@8 om, a 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. Scott Geller, M..D. OOH Case: 2004-23576 6 TAPSU\Medical\irving Levine\AC\Geller.ac.doc

Docket for Case No: 06-000020PL