Aug 21 2006 15:24 AUG 21-286 14:53 FL DEPT OF HEALTH , B54 468 1855. P.@4/88 au STATE OF FLORIDA = DEPARTMENT OF HEALTH - 3 DEPARTMENT OF HEALTH, | PETITIONER, v. CASE NO.: 2004-00633 JOHN KILKENNY, M.D., RESPONDENT. ADMINISTRATIVE 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, John Kilkenny, 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 49050. DOH v John Kilkenny, MD, Case No. 2004-00633 Page 1 Aug 21 2006 15:25 AUIG-21-2886 14:53 FL DEPT OF HEALTH 856 488 1855 P.@5-88 cy : Fa 3. Respondent's address of record is UFHSC/Jacksonville, Department: of Surgery, 653-2 West 8" Street, Jacksonville, Florida 32209, 4. Respondent is board certified in general surgery. 5. On or about October 2, 2003, Patient L.C. was admitted to Shands Jacksonville Medical Center ("SJMC”) with a diagnosis of cholelithiasis. 6. On. or about October 2, 2003, Respondent performed a laparoscopic cholecystectomy on Patient L.C. 7. On or about October 2, 2003, following the laparoscopic cholecystectomy, Respondent identified a tear in Patient’s L.C.’s bowel. 8. | Respondent did not observe leakage from Patient L.C.’s bowel. 9. Respondent did not repair Patient L.C.’s bowel. 10. On or about October 3, 2003, Respondent discharged Patient L.C. from SJMC, 11. On or about October 4, 2003, Patient L.C. was taken to the emergency room after being found unresponsive at home. 12. On or about October 4, 2003, Patient L.C. expired. DOH v John Kilkenny, MD, Case No. 2004-00633 Page 2 Aug 21 2006 15:25 AUIG-21-2686 14:53 FL DEPT OF HEALTH ; ; 856 488 1855 P.@6-88 13. On or about October 4, 2003, the Medical Examiner performed an autopsy which revealed a 6 mm bowel (ileum) perforation and peritonitis. 14. Section 458.331(1)(t), Florida Statutes (2003), subjects a licensee to discipline by the Board of Medicine for 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. 15. Respondent fell below the acceptable standard of care in one or more of the following ways: , a) by failing to recognize the extent of Patient L.C.’s bowel injury; and/or b)' by not repairing Patient L.C.’s bowel perforation. 16. Based upon 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. DOH v John Kilkenny, MD, Case No. 2004-00633 Page 3 Aug 21 2006 15:25 AUIG-21-2886 14:54 FL DEPT OF HEALTH 856 488 1855 P.@?/@8 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 qe day of ule , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health ospat ED DEPUTY CLER NTH CLERK: oe J DATE. J : QC Assistant General Counsel DOR, Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0344140 850.245.4640 ext.8140 850.245.4680 FAX PCP: 7/14/06 PCP Members: Leon, Cline & Beebe DOH v John Kilkenny, MID, Case No. 2004-00633 Page 4 Aug 21 2006 15:25 AUIG-21-2886 14:54 FL DEPT OF HEALTH 856 488 1855 P.@888 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. DOH v John Kilkenny, MD, Case No. 2004-00633 Page 5 TOTAL FP. ae

Docket for Case No: 06-003066PL