Feb 7 200? 13:25 FEB-G?- 288? 13:28 FL DEPT OF HEALTH B56 488 1855. Pas os am STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NOS. 2004-40762 ROGER L. GORDON, M.D., RESPONDENT. / A TRA MP COMES NOW, Petitioner, Department of Health, by and through its undersigned ‘counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Roger L. Gordon, 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 82538, 3. Respondent's address of record is 3800 Galt Ocean Drive, Suite 310, Fort Lauderdale, Florida 33308. ayo- 2-11 Feb 7 2007 13:25 FEB-G?-2887 13'2h FL DEPT OF HEALTH 854 468 1655 P.@6 =~, ont 4. Respondent is certified in General Surgery by the American Board of Suigery and in Plastic Surgery by the American Board of Plastic Surgery. 5. On or about November 24, 2004, Patient D.V, a 38-year-old female, presented to Respondent's office for augmentation mammoplasty (breast augmentation) and full pattern mastopexy (breast lift). 6. According to her medical records, Patient D.V. tolerated the procedure well, with an estimated blood loss of 100 cc. Patient D.V. was discharged home at approximately 11:45 a.m. 7. On or about November 24, 2004, in the afternoon, Patient D.V. returned to Respondent’s office due to increasing pain and increasing size of her right breast. 8. Respondent diagnosed hematoma (accumulation of blood) of the right breast. Respondent noted that the condition required evacuation and placement of a drain. 9. Because Patient D.V. had eaten after her original discharge, the evacuation procedure was performed under local anesthetic. Instead of obtaining an anesthesiology consultation to determine whether there was any way to perform the procedure under anesthesia that would make it possible to locate the source of the bleeding, Respondent warned Patient J:\PSU\Medical\Patty\ACs\Gordon.stdofcare, 2004-40762,doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-40762 i Page 2 Feb 7 2007 13:26 FER-O7-2007 13:21 EL DEPT OF HEALTH asa 499 1955 Pa? a —~ D.V. that a tore extensive exploration surgery under general anesthesia might be required in the future. 10. Respondent proceeded with the evacuation procedure wherein Patient D.V. experienced an estimated blood loss of 400 cc from the right breast. Respondent did not identify any active bleeding during the evacuation procedure. | ii. Relative to the evacuation procedure, Respondent did not evaluate Patient D.V’s vital signs pre-operatively or intra-operatively. 12. Patient D.V was again discharged home after the evacuation procedure. 13. On or about November 24, 2004, Patient D.V. experienced a syncopal episode (fainting) after she returned home. 14, Patient Dw. was admitted to the emergency room at Holy Cross Hospital (“Holy Cross”) subsequent to the syncopal episode. Upon admission, Patient Ds hematocrit was 22.5 Indicating significant anemia. Two | units of blood \ were administered to Patient D. Vv. in anticipation of a re- exploration of the ight breast under general anesthetic. 15. On or about November 25, 2004, at Holy ‘Cross, ‘Patient D.V underwent surgical exploration of the right breast and removal of the right breast implant by Respondent. JA\PSU\Medical\ Patty\ACs\Gordon.stdofcare,2004~40762,doc DOH v. Roger L. Gordon, M.D. : DOH Case No, 2004-40762 : Page 3 Feb 7 200? 13:26 FEB-G?-2087? 1at2t FL DEPT OF HEALTH 856 488 1855 P.@8 la os 16, During the November 25, 2004, exploration procedure, Respondent also removed another 200 cc of blood from the right breast. and controlled some venous oozing (bleeding) before completing the procedure, | 17. Patient DV. tolerated the procedure well and was discharged with instructions to follow up in Respondent's office on November 26, 2004. . 18, Patient D.V. had no further complications and returned for right breast re-augmentation in Respondent's office on or about January 21, 2005, with no known complications. COUNT ONE 19. Petitioner realleges and incorporates paragraphs one (1) through eighteen (18) as if fully set forth herein. 20. Section 458.331(1)(t), Florida Statutes (2004), provides that gross or repeated malpractice or the failure to practice medicine with that level of ¢are, 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- : ee ce ee a J:\PSU\Medical Patty \ACs\Gordon.stdofcare.2004-40762,doe DOH v, Roger L. Gordon, M.D, DOH Case No. 2004-40762 Page 4 Feb ¥ 200% 13:26 FEB-?-26? iste FL DEPT OF HEALTH 854 468 1655 . oo, om P.@9 21. 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: - By failing to monitor Patient D.V’s vital signs during the November 24, 2004, evacuation procedure: b. By failing to obtain an anesthesia consultation prior to the November 24, 2004, evacuation procedure: C. By discharging Patient D.V. after the evacuation procedure when he knew that she might still have active bleeding. 22. Based on the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2004), 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 in Respondent's treatment of Patient D.V. ~~ COUNT TWO wwe. 2B, Petitioner ..tealleges__and_incorporates paragraphs one (1) through eighteen (18) as if fully set forth in this count. -24.—“Section-458:331(1)(m);- Florida Statutes” (2004);provides that failing to keep legible, as defined by department rule in consultation with 1: ‘\PSU\Medical\ Patty\ACs\Gordon, stdofcare.2004~40762.doc DOH v, Roger L. Gordon, M.D. DOH Case No. 2004-40762 Page 5 Feb 7 200? 13:27 FEB-G?-2087? 13:22 FL DEPT OF HEALTH 856 488 1855 P.1a om o— the board, 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; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Medicine. 25. Respondent failed to justify the course of treatment of Patient D.V. in that he failed to document any vital signs( for the November 24, 2004, evacuation procedure. 26. Based on the foregoing, Respondent has violated Section ~- 458.331(1)(m), Florida Statutes (2004), by failing to keep legible, as defined by department rule in consultation with the board, medical records that identify: the licensed physician or the physician extender and supervising physician by Hame and professional title who is or are —tesponsible_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 \PSU\Medica\Paty\ACs\ Gordon sofeare 2004-40762. doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-40762 Page 6 Feb ¥ 200% 13:27 FEB-A7-2087 13:22 FL DEPT OF HEALTH esa 4ee 1855 Pwd o~ on results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 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 day of , 2006. M, Rony Frangois, M.D., M.S.P.H., Ph.D. 5 epartment of Health Fle. --- ...--Patricia NeBen - ocr OF HEALTH Assistant General Counsel curler oy on DOH Prosecution Services Unit DATE 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 325790 ~~ (850) 245-4640 (50) 2 245-4680 FAX /PN PCP: October 27, 2006 PCP Members: EF Batiti, Farmer & Dyches” - 3)\PSU\Medical\ Patty \ACs\Gordon. stdofcare.2004-40762.doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-40762 Page 7 Feb 7 200? 13:27 FEB-G?-2087? 13:22 FL DEPT OF HEALTH 856 488 1855 P.12 : oo —_ 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-exatriine 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. J:\PSU\Medical\Patty\ACs\Gordon.stdofcare.2004-40762.doc DOH v, Roger L. Gordon, M.D. ‘ DOH Case No. 2004-40762 Page &

Docket for Case No: 07-000644PL