Now 14 2006 12:11 Nov 14 2006 13:07 PL O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2003-18928 GEOFFREY M. LYNN, M.D. RESPONDENT. / NIS T "COMES NOW, Petitioner, Department of Héalth, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Geoffrey M. Lynn, 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 71064. Now 14 2006 12:11 Nov 14 2006 13:07 P. O06 3. Respondent’s address of record is 5210 Linton Boulevard, Apartment 301, Delray Beach, FL 33484. 4. Respondent is board certified in Thoracic Surgery. 5, On or about July 23, 2003, Patient 1.8. presented to the emergency room at Boca Community Hospital complaining of shortness of breath. While in the emergency room, Patient I.B. was found to be hypoxic with oxygen saturations of 88% and an increased respiratory rate of 24. Patient I.B. was seen by Fred E. Altman, M.D. who performed a stat (immediate or emergency) ‘Cardiac echocardiogram which revealed” a very large pericardial effusion associated with diastolic compression of the right ventricle consistent with cardiac tamponade. 6. At approximately 11:35 P.M., July 23, 2003, Fred E. Altman, M.D., ordered that Respondent perform a pericardial window to treat the Patient 1.B,’s cardiac tamponade on a stat basis. 7, . When Fred E, Altman, M.D,, arrived at the hospital the following morning on or about 5:30 A.M. he discovered that Respondent had not performed the emergency pericardial window as requested. When Fred E. Altman, M.D., called Respondent to find Now 14 2006 12:11 Nov 14 2006 13:08 P.O? out why the procedure was not performed, Respondent stated that the patient was stable, did not need to be operated on emergently and that if Dr Altman needed the surgery done prior to the previously scheduled 11 A.M. procedure he would need to find another physician. 8. On or about 9 A.M. July 24, 2003, another physician performed the pericardial window relieving Patient 1.B. of 900 cc of bloody fluid. 9. ‘At no-time on July 23, 2003 or July 24, 2003, prior to the emergency” pericardial window, dic Respondent” personally examine Patient I.B. 10. Section 458,331(1)(t), Florida Statutes (2003), provides that gross and 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, constitute grounds for disciplinary action by the Board of Medicine. 11. Respondent failed to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably -3- Now 14 2006 12:12 Nov 14 2006 13:08 P. 08 prudent similar physician as being acceptable under similar circumstances, in one or more of the following ways: (a) By failing to perform the cardiac tamponade on a stat basis as ordered by Fred E. Altman, M.D.; (b) _ By failing to personally examine Patient 1.B. in order to determine whether the cardiac tamponade was required urgently; (c) By failing to adequately assess and/or address Patient 1.B.’s complaints or symptoms; 12. Based on the foregoing, Respondent 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, 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 =4- Now 14 2006 12:12 Nov 14 2006 13:08 P.09 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 Citiber- , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Heaith beg Warren James Pearson AK Assistant General Counsel Florida Bar No. 0711578 4052 Bald Cypress Way-Bin C-65 * Tallahassee, Florida 32399-3265 (850) 245-4640 ext 8141 (850) 245-4681 FAX RIMENT OF HEALTH DEPART G PCP: September 29, deol PCP MEMBERS: @/-Bahni, Davies Now 14 2006 12:12 Nov 14 2006 13:08 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.

Docket for Case No: 06-004563PL