Petitioner: DEPARTMENT OF HEALTH, BOARD OF PODIATRIC MEDICINE
Respondent: RISA VIANRUB, D.P.M.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Viera, Florida
Filed: Aug. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 21, 2006.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO. 2004-05646
RISA VINARUB, D.P.M.,
RESPONDENT.
/
ADMI
COMES NOW, Petitioner, Department of Health, by and through its undersigned
counsel, and files this Administrative Complaint before the Board of Podiatric Medicine
against Respondent, Risa Vinarub, D.P.M., and in support thereof alleges:
1. Petitioner is the state department charged with regulating the practice of
podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida
Statutes; and Chapter 461, Florida Statutes.
2. At all times material to this Complaint, Respondent was a licensed )
podiatric physician within the state of Florida, having been issued license number PO
2414, on October 18, 1993.
3, Respondent's address of record is 1205 N. Courtenay Parkway, Merritt
Island, Florida 32953.
4. Respondent practiced podiatry at Brevard Healthworx, Inc., and at Brevard
Podiatry Group.
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Case Number 2004-05646
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5. On or about June 23, 2003, Patient S.M. presented to Brevard Healthworx,
Inc., Patient $.M. was seen by Dr. Shelly Garrow, one of the podiatric physicians working |
at Brevard Healthworx.
6. Dr. Garrow completed a record of treatment that indicated that Patient
5.M. had Plantar Fasciitis, right, edema, and R/O exostosis.
7. Plantar fasciitis means inflammation of the plantar fascia, the long, flat ~
band of tissue (ligament) that connects the heel bone to the toes and supports the arch
of the foot.
8. Dr. Garrow established a treatment plan that included strapping applied to
the right foot for structural support, control, compression, and immobilization. Dr.
Garrow indicated in the treatment plan that she discussed injection therapy, physical
therapy, strappings and orthotics with S.M.
9. On or about June 24, 2003, Respondent examined Patient S.M. .
Respondent recorded that Patient S.M. stated that her right heel had been very tender
and sore. Respondent injected the plantar medial aspect of the right heel with 1 V2 cc. |
of 2% Xylocaine plain, 10 mg. of Kenalog, and 2 mg. of Dexamethasone Phosphate.
Respondent applied well padded strapping to the right foot.
10. From on or about June 25, 2003, through on or about January 20, 2004,
Respondent treated Patient S.M. Respondent’s record of treatment for S.M. indicated
that the diagnosis was Plantar Fasciitis, and edema on at least 42 treatment notes.
ii. From on or about June 25, 2003, through on or about January 20, 2004, —
Respondent treated S.M. with physical therapy and strapping at least 42 times.
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12. From on or about June 23, 2003, through on or about September 19,
2003, 5.M.'s level of pain was not significantly altered.
13, Section 461.013(1)(s), Florida Statutes (2002-2003), provides that gross
or repeated malpractice or the failure to practice podiatric medicine at a level of care,
skill and treatment which is recognized by a reasonably prudent podiatric physician as
being acceptable under similar conditions and circumstances, is an act for which
disciplinary action may be taken.
14. Respondent practiced below the standard of care of a reasonably prudent
podiatric physician in one or more of the following ways:
(a) _ By failing to recognize that the treatments being provided to S.M were not
helping to alleviate S.M.’s symptoms;
(b) By failing to use S.M/’s response to treatment to modify or change the
course of treatment;
(c) By continuing physical therapy and strapping of S.Ms foot for 42 visits
without any response to that treatment.
15. Based on the foregoing, Respondent violated Section 461.013(1)(s),
Florida Statutes (2002-2003), by failing to practice pociatric medicine at the level of
cars, skill, and treatment which is recognized by a reasonably prudent podiatric
physician as being acceptable under similar conditions and circumstances.
WHEREFORE, the Petitioner respectfully requests that the Board of Podiatric
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
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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 (St day of C y i phe , 2006,
M. Rony Francois, M.D., M.S.P.H., Ph. D.
Se ry, Department of peal ~
* PCP: June 8, 2006
* PCP members: Price, Strickland By: Kathryn E. Price *
Assistant General Counsel
DOH Prosecution Services Unit
FILED 4052 Bald Cypress Way, Bin C-65
OEPARTMENT OF HEALTH pallahassee, | FL 32399-3265 |
DEPITY CLERK
(850) 245-4640 VOICE
CLERK Jamon Me (850) 245-4683 FAX
DATE y-(l-ob
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.
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Docket for Case No: 06-002814PL
Issue Date |
Proceedings |
Sep. 21, 2006 |
Order Closing File. CASE CLOSED.
|
Sep. 19, 2006 |
Joint Motion to Relinquish filed.
|
Sep. 14, 2006 |
Notice of Filing Respondent`s Response to Petitioner`s First Set of Interrogatories filed.
|
Sep. 07, 2006 |
Respondent`s Response to Request for Admissions filed.
|
Aug. 21, 2006 |
Amended Notice of Hearing (hearing set for October 17, 2006; 9:00 a.m.; Viera, FL; amended as to hearing date).
|
Aug. 16, 2006 |
Order of Pre-hearing Instructions.
|
Aug. 16, 2006 |
Notice of Hearing (hearing set for October 19, 2006; 9:00 a.m.; Viera, FL).
|
Aug. 15, 2006 |
Joint Response to the Initial Order filed.
|
Aug. 08, 2006 |
Notice of Serving Petitioner`s First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
|
Aug. 04, 2006 |
Initial Order.
|
Aug. 03, 2006 |
Administrative Complaint filed.
|
Aug. 03, 2006 |
Request for Administrative Hearing filed.
|
Aug. 03, 2006 |
Agency referral filed.
|