Jun 13 2006 12:10 Jun 13 2006 12:09 P.03 = my STATE OF FLORIDA a DEPARTMENT OF HEALTH pa DEPARTMENT OF HEALTH, PETITIONER, CASE NO.: 2003-29105 SEABORN MCDONALD HUNT, III, M.D., RESPONDENT. AD RA MP 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, Seaborn McDonald Hunt, IIT, 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 76293. JAPSU\Medicallivingston\ae's\Hunt-t (cataract), dot : ! Jun 13 2006 12:10 Jun 13 2006 12:09 P. O04 3. Respondent's address of record is 3101 SW College Road, Suite 201, Ocala, Florida 34474. 4, Respondent is board-certified in ophthalmology. 5. Onor about October 29, 2003, Respondent scheduled Patient T.D., a 70 year-old female for cataract extraction of the right eye, with lens implant at the Laser & Surgery Center in Ocala, Florida, 6. Cataract surgery is a procedure in which the natural lens with cataract is broken up by ultrasound, irrigated, and suctioned out. Then an artificial lens is implanted in the eye. 7. During the initial surgery of October 29, 2003, Respondent placed a lens implant into Patient T.D.'s right eye, The lens implant was the wrong refractive power for Patient T.D. | | 8. Respondent had ordered a lens with a 23 diopter for Patient T.D., but inserted a lens with a 19.5 diopter instead. 9, On or about November 7, 2003, Patient T.D. presented to Respondent in a follow-up visit complaining of poor vision. 10. On or about November 7, 2003, Respondent examined Patient T.D. and discovered that her poor vision was due to the implantation of the wrong lens diopter in Patient T.D.’s right eye. JAPSU\Medical\livingston\ac's\Hunt-t (cataract).dot 2 Jun 13 2006 12:10 Jun 13 2006 12:09 P.O5 11. The Respondent then advised Patient T.D. of the mistake and obtained permission from Patient T.D. to return her to surgery. 12. On orabout November 10, 2003, the Respondent returned Patient T.D. to surgery and “piggybacked” (placed on top of) another lens to the original implanted lens to correct the diopter. 13. Section 458.331(1)(t), Florida Statutes (2003), 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. | 14. 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 implanting the wrong lens implant in Patient TDs right eye. | 15. Based on the foregoing, Respondent has violated Section 458,331(1)(0), Florida Statutes (2003), by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably JAPSU\Medical\livingston\ac's\Hunt-t (cataract).dot 3 Jun 13 2006 12:11 Jun 13 2006 12:09 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. F\P8U\Medical\livingston\ac's\Hunt-t (cataract).dot . 4 Jun 13 2006 12:11 Jun 13 2006 12:10 P.O? Tis SIGNED this Y day of dele Lyscws f , 2006, FILED OEPARTMENT OF HEALTH CLERK ae mol. CATE alate EL:cs PCP; 2-/0 -Ck M. Rony Francois, M.D., M.S.P.H, Ph.D Secretary, Department of Health Ephraim L Livingston Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 : Tallahassee, FL 32399-3265 Florida Bar # 0121347 (850) 414-8126 (850) 414-1989 FAX pcp Members: 4e/4 Kar, Farroi St 2 Boeke JAPSU\ModicalMivingston\ac's\Hunt-t (cataract).dot Jun 13 2006 12:11 Jun 13 2006 12:10 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. JAPSU\Madicalivingston\ac's\Hunt-t (cataract).dot ; 6

Docket for Case No: 06-002042PL