Apr 13 2006 15:31 Aor 13 2006 15:30 P05 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO, 2004-11189 GUILLERMO ACHONG, M.D., RESPONDENT. a / NI TIVE CO I COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Guillermo Achong, 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 38304, DOH v. Guillermo Achong, M.D. 2004-11189 : Administrative Complaint JAPSU\Medical\Mary KVTEAM SOUTH MEDICALMCs\Achong, Guillermo 04-111 89\AC 04-11 189.doc Apr 13 2006 15:31 Apr 13 2006 15:91 P. O06 3. Respondent's address of record is 690 East 49" Street Hialeah, Florida 33013. 4. Respondent specializes in Obstetrics and Gynecology, >» On or about February 13, 2004, Patient L.H., a twenty-seven year-old female, was discharged from Labor and Delivery at North Shore Medical Center in Miami, Florida. At the.time of discharge, Patient L.H, was at thirty-two weeks gestation, and had been admitted for approximately twenty-four hours due to pregnancy induced hypertension. Patient LH. was discharged on bed rest and with blood pressure medication. 6. , On or about February 15, 2004, at approximately 2:00 a.m, Patient LH: was admitted again to. Labor and Delivery with blood pressure Of 159/118 and severe abdominal pain. 7. Respondent was not at the hospital at the time of Patient LH. admission. 8. At or around the time of admission, no fetal movement was felt and no heart rate was detected. 9. Respondent was contacted telephonically and he ordered a ultrasound for Patient L.H. JAPSLAMedicni\Mary KMTEAM SOUTH MEDICAL\ACs\Achong, Guillermo 04-11 189\AC 04-11 189.doe , 2 be iy soe cial P.O? 10. At approximately 2:40 a.m., Patient L.H. experienced vaginal bleeding with continued abdominal pain, 11. Medical records indicate that Respondent was contacted and informed of the vaginal bleeding, 12. Medical records include documentation that Respondent was contacted at 2:45 a.m, | 13. The ultrasound showed a fetal demise at thirty-two weeks, 14. At approximately 3:20 a.m. a blood count was drawn from Patient L.H. which showed severe anemia of 8.1/24, 15, Respondent was notified and he ordered a Pitocin infusion to induce labor and facilitate delivery of Patient LH. 16. At approximately 5:15 a.m., Patient L.H. was observed to be extremely restless, 17, Between 5:15 am. and 7:00 am, nursing attempted to contact the Respondent at his home and messages were left on his pager. 18. At approximately 7:30 a.m., bright red blood was observed during a vaginal exam of Patient L.H. , 19, Patient L.H. had no clear uterine activity pattern. The uterine contraction monitor was flat until approximately 7:40 a.m, FAPSU\Medical\Mary K\'TEAM SOUTH MEDICAL\ACs\Achong, Guillermo 04-11 T89\AC 04-111 89.doc 3 Apr 13 2006 15:31 Apr 13 2006 15:91 P. 08 20. At approximately 7:40 a.m,, Patient L.H.’s pulse had increased to 163, and her oxygen saturation level was at 82%. 21. At approximately 7:56 a.m., Respondent arrived at North Shore Medical Center. A blood count was drawn at or about the same time which showed anemia at 5.3/14.5. 22. Respondent ordered Patient L.H. to have a blood transfusion. 23, At approximately 8:10 a.m., Patient L.H, was unresponsive. 24, At approximately 8:38 a.m., Patient L.H. expired. 25. A reasonably prudent physician under similar conditions and circumstances would have come to the hospital to personally evaluate Patient L.H. earlier than Respondent did, 26. A reasonably prudent physician under similar conditions and circumstances would have provided closer oversight of Patient L.H. by telephone. 27, A reasonably prudent physician under similar conditions and circumstances would have gathered further information regarding Patient L.H.'s clinical status and vaginal examination. 28. A reasonably prudent physician under similar conditions and circumstances would have determined if Patient L.H. had any bleeding associated with her pregnancy. FAPSU\Medical\Mary KVTEAM SOUTH MEDICAL\ACs\Achong, Guillermo 04-11 189\AC 04-11189.dae 4 Apr 13 2006 15:32 Apr 13 2006 15:91 P.09 29. A reasonably prudent Physician under similar conditions and circumstances would. have considered whether Patient L.H, had presented with placental abruption, and then treated her accordingly, 30. 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. 31, Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician when he did one or more of the following: ~ 4, Failed to personally evaluate Patient L.H. in a timely manner; - b. Failed to telephonically elicit sufficient information regarding Patient L.His clinical status; Cc, Failed to consider whether Patient L.H. had Presented with placental abruption and treat her appropriately for that condition; d. Failed to provide appropriate, timely medical assistance to Patient L.H. JAPSU\Medieal\Mary KV'TEAM SOUTH MEDICAL\ACs\Achong, Guillermo 04-11 189\AC 04-111 89.doc 5 Apr 13 2006 15:32 Apr 13 2006 15:91 P.10 32. Based on the foregoing, Respondent has violated 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, 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 __/ ia day of | tet _, 2005, ae M. Rony ee M. D., M.S.P.H., Ph.D. 23PARTMENT OH se y DERUTY olen Cit LERK. Nira Nahas Assista tf General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Fl: 32399-3265 Florida Bar # 0976792 PCP; December 16, 2005 PCP Members; El-Bahri and Dyches JAPSU\Medical\Mary K\'TEAM SOUTH MEDICALMACs\Achong, Guillermo 04-11 189\AC 04-11 189.doe 6 Apr 13 2006 15:32 Apr 13 2006 15:32 P.11 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 behaif 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. JAPSU\Medical\Mary KTEAM SOUTH MEDICAL\ACs\Achong, Guillermo 04-11 18\AC 04-11 189.doc 7

Docket for Case No: 06-001285PL