Now 15 2006 12:17 Nov 15 2006 13:13 P. O04 Se ed STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2005-03944 PAUL SLAWEK, M.D. RESPONDENT. ot 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 Respondent, Paul Slawek, M.D., and in support thereof alleges: 4. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Fiorida 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 37735. -1- J:\PSU\Medicai\WARREN PEARSON\AC's\slawek(1)(t).doc NOS A Now 15 2006 12:17 Nov 15 2006 13:13 P.O5 wv Ww 3. Respondent's address of record is 701 NW 179" Avenue, Pembroke Pines, FL 33029. 4, Respondent is board certified in Diagnostic Radiology by the American Board of Radiology. 5. Patient T.S. is a 53 year-old female with a history of bronchitis, asthma, diabetes and surgical history of anterior cervical discectomy and fusion, lumbar discectomies, hysterectomy and allergies to aspirin & penicillin. 6. On or about December 15, 2000, Respondent began “treating Patient TS. for, among other things, back pain and “back spasms. 7, Onor about December 15, 2000, Respondent performed a myelogram and post myelogram CT scan for lower back pain and bilateral lower extremity pain on Patient T.S. 8. On or about December 15, 2000, Respondent injected Patient T.S. with a contrast prepared by a radiology technologist without checking the contrast medium. The contrast injected into Patient T.S. was not approved for intrathecal use. -3- J:\PSU\Medical\WARREN PEARSON\AC's\slawek(1)(t).doc Now 15 2006 12:17 Nov 15 2006 13:14 P. O06 w Ww 9. Following the procedure on or about December 15, 2000,, Patient T.S. began having increasing pain in her back associated with spasms in back and legs. 10. On or about December 15, 2000 Respondent admitted Patient T.S. to the hospital and started her on a Solu-Medrol drip, 30 mg/kq per hour for the first hour and 5.4 mg/kg per hour thereafter, pain control with Valium for muscle spasm and fitted for a brace. COUNT] 11. Petitioner re-alleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 12. Section 458.331(1)(t), Florida Statutes (2000), 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. 13. 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 -3- J:\PSU\Medical\WARREN PEARSON\AC's\siawek(1)(t).dac Nov 15 2006 12:18 Nov 15 2006 13:14 P.O? ea ‘we? circumstances by failing to properly identify the contrast prior to'the injection and injecting Patient T.S. with a contrast which is not approved for intrathecal use. 14, Based on the foregoing, Respondent violated Section 458,331(1)(t), Florida Statutes (2000), 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. COUNT II 15.” Petitioner re-alleges and incorporates paragraphs one (1) through ten (10) as if fully set forth herein. 16. Section 458,.331(1)(m), Florida Statutes (2000), provides that failing to keep legible, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the Patient, including but not limited to, Patient histories; examination results; ~4- J:\PSU\Medical\WARREN PEARSON\AC's\slawek(1)(t).doc Nov 15 2006 12:18 Nov 15 2006 13:14 P. 08 wv ~~ test results, records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 17. Respondent failed to maintain medical records that documented that an incorrect contrast was utilized or that the contrast used was not approved for intrathecal use. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2000), by failing to justify the course of Patient M.G.’s medical treatment. | WHEREFORE, the Petitioner respectfully requests that. the “Board of Medicine entér an ordér 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. =5- J:\PSU\Medical\WARREN PEARSONVAC's\slawek(1)(t).doc Nov 15 2006 12:18 Nov 15 2006 13:14 P.Og a \eu/ SIGNED this th day of L CToher- , 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health L OE ATMUTY CLERK POW i CHERIEALCAD- UzLZz zm DR (a) Warren James Pearson 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 a PCP? Septariber x4, ay A to . et see eam opine PCP MEMBERS: £t-Bahes, Davies -6- 2:\PSU\Medical\WARREN PEARSON\ACS\slawek(1)(t).doc Nov 15 2006 12:18 Nov 15 2006 13:14 P.10 ae ew! 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 i prosecution o 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, -7- 3:\PSU\Medical WARREN PEARSONVACs\slawek(1)(t).doc

Docket for Case No: 06-004636PL