» oo @ » STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, __ PETITIONER, | v. CASE NO. 2003-21426 LESLIE CRESCIMANO, M.D., RESPONDENT, COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Leslie Crescimano, 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. Atall times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME 31471. . 1 JAPSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc pOd G0°S_ g900¢ 08 +90 BO:PT 900¢ OF 490 od e 3, Respondent’s address of record is 5601 N. Dixie Hwy,, Suite 320, Fort Lauderdale, Florida 33334. 4, — Respondent is a Diplomate of the American Board of Urology and the American College of Surgeons. 5. Respondent has practiced urology In South Florida since 1978. | 6 On or about March 12, 1998, E.N., a 59 year-old male patient presented to the Respondent at his office complaining of urinary retention (inability to void), and severe pain. 7, Respondent’s medical notes indicate that Patient EN. had a “long history of prostate problems, and had a foley catheter placed one (1) week ago.” 8. On this same date, the Respondent diagnosed Patient E.N, with “urinary retention and prostate nodule,” and placed him on Flomax 0.4 mg. daily, Respondent recommended that Patient E.N. engage in a voiding trial in the morning. Respondent's medical notes indicate a Prostate-specific antigen (PSA) needs to be done “later.” 9. Patient E.N. followed up as scheduled and medical notes reflect that he was performing intermittent catherization five (5) 2 JAPSU\Medical\Iudith Law\Physicians\Administrative Complaints\crescimano.doc s0‘d 90°S_ 9008 0&8 +90 BO:fT 900¢ OF 490 oe e times a day. During this second visit, Respondent’s medical notes do not mention an infection or a prostate examination, or the fact that a PSA level was drawn. 10. On or-about-March 31, 1998, Patient E.N. again saw the Respondent, and at this visit a cystoscopy was performed. The Patient was given one (1) Levaquin and prescribed Flomax (improve urine flow) per day. Respondent's medical records do not reflect any , mention or treatment for a urinary tract infection, and the notes do not refer to the previously noted prostate nodule. The Respondent still does not draw a PSA level on Patient E.N., which the Respondent noted in his first visit, needs to be done “later.” ; 11. On or about April 27, 1998, Patient E.N. saw the Respondent, and the Respondent's medical notes reflect that E.N. was “voiding somewhat better,” and he was given two (2) Levaquin (antibiotic) and was given Cipro (antibiotic) for five (5) days following the visit. A PSA level was not drawn at this visit. 12. Onor about April 29, 1998, there was a phone refill from Respondent's office for Patient E.N., for Cipro 500 mg. two (2) times per day. 3 J.\PSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc 90 ‘d 9079. 9006 08 190 BO:fT 900¢ OF 490 13. On or about May 6, 1998, there was a phone refill for Cipro 500 mg. two (2) times per day. 14. On or about May 12, 1998, there was a phone refill for Flomax 0.4 mg. _15.._On or about June 25, 1998, Respondent's medical. notes reflect that Patient E.N. had the flu, and had better urinary flow with more frequency. He was on Flomax 0.8 mg daily, and he was catherizing himself 4 to 5 times per day. Office notes do not mention a urinary infection, nor do they mention that a rectal examination or a PSA was performed. 16. Onor about June 30, 1998, a prescription for Flomax 0.4 mg. was given to Patient E.N, There was no mention of a rectal examination at this visit. Nor was there an order to draw a PSA level at this visit. 17. Patient E.N.'s final visit to Respondent was on or about October 2, 1998. Respondent’s medical notes reflect that Patient E.N. was voiding better but not emptying completely, and he was continuing to self-cath. It is noted that there is a possible urinary tract infection, but the cultures appear to be negative, Patient E.N. 4 ; JAPSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc é0‘d 90°S_ 9008 0&8 +90 BO:fT 900¢ OF 490 was treated with three (3) days of Cipro. Respondent did not draw a PSA level at this final visit. 18, Section 458.331(1)(t), Florida Statutes (2003), provides that failing to practice medicine with: that devel 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 by the Board of Medicine. 19, 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, in one or more of the following ways: | a. __ By failing to obtain a PSA level during the six (6) months that he treated Patient E.N.; b. By failing to perform a repeat rectal examination to confirm or disprove the presence of the prostate nodule that he diagnosed on Patient E.N.'s first visit. 5 J\PSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc a0 "d 90°S_ 900¢ 08 +90 BO:fT 900¢ OF 490 @ e 20. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (1997), 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. 6 J\PSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc 60 "d 90°S_ 900¢ 08 +90 Ob: fT 900¢ OF 450 I a _ SIGNED this .¥'__ day of 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, D Ape of Health I Blake Hunter cee ___. Aggistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 0570788 (850) 414-8126 Business (850) 414-1989 Facsimile jal Reviewed and approved by: J4€.. (initials) Par fa (date) PCP? may 27, 2005 PCP Members: m-panri, Fine, DOH Case No. 7003-21 -21426 FILED DEPARTMENT OF HEALTH DEPUTY CLERK cuenk N Jéebhes Columan paTeE__ 5-31-05 7 JAPSU\Medical Judith Law\Physicians\Administrative Complaints\crescimano(t).doc Ol‘d 90°S_ 900¢ 08 +90 OT: fT 900¢ OF 450 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. 8 JAPSU\Medical\Judith Law\Physicians\Administrative Complaints\crescimano.doc Lk *d 90°S_ 900¢ 08 +90 OT: fT 900¢ OF 450

Docket for Case No: 06-004193PL