Jul 27 2006 11:09 Jul 27 2006 11:07 P.O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. . . CASE. NO. 2004-28719 RALPH GUARNERI, M.D., RESPONDENT. al ZZ ADMINI TIVE 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, Ralph Guarneri, 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 60839, 3. The Respondent's last known address of record is 1330 1 . uarmieri, Case#2004-28719 3: \PSu\Medical BUTLER, PAT\Medical\Guarmari04-28719- Wrong Site.doc Jul 27 2006 11:10 Jul 27 2006 11:08 P. 06 e ® SE 4” Avenue, Suite H, Fort Lauderdale, Florida 33316. 4. On or about November 19, 2003, upon a referral to Respondent, Patient H.O., a then eighty-three year old female, was seen by Respondent, presenting with what Respondent described as a “suspicious lesion in her Jeft breast”. - 5. Respondent recommended a biopsy of Patient's left breast, but at that time, Patient declined, since she was planning to go to’New York and did not expect to return until January of 2004. 6. On or about July 7, 2004, Respondent again counseled Patient upon the need for a left breast biopsy. at which time Patient consented to the procedure, 7. + -On or about July 16, 2004, Patient was admitted to HCA Outpatient Surgical Services and Patient gave informed consent to undergo the biopsy. 8. Before performing the biopsy, upon reviewing the wrong patient’s chart, Respondent determined that the procedure should be changed to a right breast biopsy, 9. Patient gave informed consent to undergo the right breast biopsy, which Respondent performed and completed without 2 Guarnier|, Case#2004-28719 J:\PSU\Madical\BUTLER, PAT\Medical\Guameri04-28719-Wrong Site. doc Jul 27 2006 11:10 Jul 27 2006 11:08 P.O? @ e any complications. | 10.. Upon completion of the right breast biopsy, Respondent discovered that he had reviewed the wrong patient’s chart and determined that the correct procedure should have been a. left breast ' biopsy. 11, Patient gave informed consent to undergo the left breast biopsy, which Respondent performed and completed’ without any complications. | 12, The subsequent pathology report showed that the right breast tissue was negative for any malignancy, but the ieft breast tissue did have a malignancy, 13. Section -436.072(1)(aa), Florida Statutes (2004), provides that a health care practitioner may be subject to discipline by the Board of Medicine for performing or attempting to perform a wrong- site procedure. 14. Respondent performed the right breast biopsy on the Patient when the. correct procedure was the left breast biopsy only, 15. Based on the foregoing, Respondent violated Section 3 Guarnieri, Case#2004-28719 T\PSU\Medical\BUTLER, PAT\Medical\Guarneri04-28719-Wrong Site.doc Jul 27 2006 11:10 Jul 27 2006 11:08 P. 08 @ e 456.072(1)(aa), Florida Statutes (2004), by performing a wrong-site procedure. 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__27dayof___ Juné___—, 2005. John 0. Agwunobi, M.D., M.B.A, Secretary, Department of Health FILED DEPARTMENT OF HEALTH Patrick L. Butler Unt, GLERK Assistant General Counsel CLERK Niobe Colunan DOH Prosecution Services Unit OATE__ @ ~Z8 "OS 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar #0762776 (850) 414-8126 PHONE (850) 414-1989 FAX 4 Guamieri, Case#2004-28719 J:\PSU\Medical\BUTLER, PAT\Medical\Guarneri04-28719-Wrong Site.doc Jul 27 2006 11:10 Jul 27 2006 11:08 P.09 PLB/pb fof Reviewed and approved by: (4, (initials) [22/04 (date) PCP: sune 24, 2005 PCP Members a) panri, Onda, Dyches DOH v. Ralph Guarnieri, M.D.; DOH Case No. 2004-28719 5 Guarnieri, Case# 2004-28719 J:\PSU\Medical\BUTLER, PAT\Medical\Guarneri04-28719-Wrong Site.doc Jul 27 2006 11:10 Jul 27 2006 11:08 P.10 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 Guamieri, Case# 2004-28719 ;\PSU\Medical\BUTLER, PAT\Madical\Guameri04-28719-Wrong Site.doc

Docket for Case No: 06-002706PL