Jan 19 2006 10:49 Jan 19 2006 11:50 P.03 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. ‘CASE NO,: 2003-16122 _ JACK L. GRESHAM, M.D., RESPONDENT. ADMINIST. VE COMPLAIN 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, Jack L. Gresham, 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 9772. Jan 19 2006 10:49 Jan 19 2006 11:50 P. O04 3. Respondent's address of record is 62 West Columbia Street, Orlando, Florida 32806-1115. 4, Respondent is board certified in Orthopaedic Surgery. 5. On or about October 28, 2000, Patient R.B, a 45 year-old ‘male, presented to the emergency department at Sand Lake Hospital in Orlando, Florida, complaining of severe pain in his right thigh after falling over a concrete bumper in a parking lot. 6. The Respondent examined Patient R.B. and diagnosed him with a comminuted (broken into pieces) fracture of the right proximal femur (thigh bone). 7. On.or about October 28, 2000, Respondent performed an open reduction and internal fixation on the fracture with plates and screws. 8. - During the procedure, the Respondent placed a 12-hole plate with 4 proximal and 4 distal screws into the metaphyseal (long) bone to reduce and fixate the fracture of the right proximal femur. 9. Qn or about November 6, 2000, Patient R.B. was released from the hospital by the Respondent. Jan 19 2006 10:50 Jan 19 2006 11:51 P.O5 10. A reasonable and prudent orthopedic surgeon would have fixated the fracture with an intermedullary rod in the form of a reconstruction nail to ensure proper stabilization of the fracture. tt. Section 458.331(1)(t), Florida Statutes (2000), sets forth grounds for disciplinary action. by the Board of Medicine for 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. 12. 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 by failing to reduce, fixate, and stabilize Patient R.B.’s fracture with an intermedullary rod in the form of a resconstruction nail rather than the 12 hole side plate with screws, 13. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2000), by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably Jan 19 2006 10:50 Jan 19 2006 11:51 P. O06 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 _J> day of A naa / , 2005, John ©. Agwunobi, M.D,, M.B.A., M.P.H. Secreta partment of Health Ephraim D. Livifigston — FILED Assistant General Counsel GEPARTMENT OF HEALTH DOH Prosecution Services Unit CLERK sam Fs, SO 4052 Bald Cypress Way, Bin C-65 -|0°-OD Tallahassee, FL 32399-3265 Florida Bar # 0121347 (850) 414-8126 (850) 414-1989 FAX Reviewed and approved by: “ (initials) if jo¢ (date) Jan 19 2006 10:50 Jan 19 2006 11:51 P.O? PCP: San 1, 2005 . . PCP Members:Fund Ashkar, MIchairpersen), Nabil E| Seanad MD, ond Soha Beebe DOH vs. Jack L. Gresham, Case No. 2003-16122 Jan 19 2006 10:50 Jan 19 2006 11:51 P. 08 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 any other discipline imposed. DOH vs. Jack L. Gresham, M.D., Case No. 2003-16122

Docket for Case No: 06-000262PL