Mar 15 200? 12:38 Mar 15 2007 12:98 P.O5 ine a! STATE OF FLORIDA , DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv CASE NO. 2005-64995 FRANKLIN D. CLONTZ, M.D., RESPONDENT, E COMP Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Franklin D. Clontz, 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 11095, 3. Respondent's address of record is 819 East First Street, Sanford, Florida 32771. oo Ll Mar 15 200? 12:38 Mar 15 2007 12:98 P. O06 we w 4, Respondent is Board certified in General Surgery. 5. Onor about August 26, 2005, Patient S.Y,, a thirty-two year old female, was admitted to Central Florida Regional Hospital in Sanford, Florida, with complaints of right upper quadrant pain, gas, belching and some nausea. She previously had a work-up which showed cholecystitis (inflammation of the gallbladder) and cholelithiasis (formation or presence of calculi or bilestones in the gallbladder or common duct). 6. Patient S.Y. was in her second trimester of pregnancy at the time of presentation. 7, Respondent consulted with Patient S.Y¥. and her husband regarding a laparoscopic (abdominal exploration with an endoscope designed to permit visual exploration of the peritoneal cavity) and open cholecystectomy (excision of a gallbladder), including the attendant risks of bleeding, infection, bile duct injury requiring repair and idiosyncratic (peculiar or individual) reactions producing death. 8, After this consultation, Patient S.Y. stated that she wished to proceed with the procedure. 9, On or about August 26, 2005, Respondent undertook a laparoscopic cholecystectomy on Patient S.Y. 2 Mar 15 200? 12:38 er Mar 15 2007 12:98 P.O? oa ~ 10, After Patient S.Y. was placed on her back and abdomen prepped, an incision was made. A Veress needle (a needle equipped with a spring loaded obturator that is used for insufflation of the abdomen in laparoscopic surgery) was then inserted, angled tremendously superiorly and the abdomen was insufflated (having a vapor or powder blown into a cavity) with carbon dioxide. A 10-11 mm trochar (a sharply pointed surgical instrument contained in a cannula, which is used for aspiration or removal of fluids from a cavity) was also angled superiorly and inserted. 11. A camera was inserted into the trochar and revealed that the trochar was in the fundus (the body of the uterus above the openings of the fallopian tubes) of the uterus. This was then immediately removed and a Dr. Boutling was brought in for consultation. 12. After extending the incision and visualizing the uterus, it was quickly oversewn to hemostasis (the arrest of bleeding) and complete water tightness. 13. Patiént S.Y. was then plaééd in a reverse Trendelenburg position (position where the body is laid flat _on_the-back.with the head higher than the pelvis) and Respondent proceeded to complete the laparoscopiccholecystectomy. — Mar 15 200? 12:38 Mar 15 2007 12:99 P. 08 “ al 14. Due to Patient S.Y. needing close observation over the next few days, she was transferred to Arnold Palmer Hospital by Dr. Boulting on or about August 26, 2005 at 10:35am. 15. During Patient S.Y’s stay at Arnold Palmer Hospital, she underwent an ultrasound, which revealed a neck mass on the fetus which was not previously noted. 16. Patient S.Y, was counseled on all of her options, including termination of her pregnancy secondary to the unkriown outcome of the fetal injury. Patient S.Y. refused to terminate the pregnancy and opted to continue inpatient monitoring at Arnold Palmer Hospital with expectant management. 17. Patient S.Y. was discharged from Arnold Paimer Hospital on or about August 30, 2005. 18. On or about December 9, 2005, Patient S.Y. was admitted to Arnold Palmer Hospital for an elective primary cesarean section and bilateral tubal” ligation “secondary to uterine perforation during her __pregnancy_while undergoing the cholecystectomy, which was complicated by a fetal neck mass, though resolved on a follow-up sonogram. Mar 15 200? 12:39 Mar 15 2007 12:99 P.09 Ne \ anal 49. On or about December 9, 2005, Patient S.Y, delivered her baby via cesarean section without apparent complications and was discharged on or about December 11, 2005. COUNT ONE 20. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 21, Section 458.331(1)(t), Florida Statutes (2005), provides that 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 circurnstances constitutes grounds ’ for disciplinary action by the Board of Medicine. 22. Respondent failed to meet the required standard of care in one or more of the following ways: , a) By choosing to use a Veress needle followed by blind insertion of a trochar instead of using an open technique with a blunt tip trochar which would have provided greater safety; b) By deciding to complete the cholecystectomy instead of terminating the. procedure and immediately. transferring Patient S.Y. to Arnold Palmer Hospital for definitive management of the condition of Patient S.¥. and that of her fetus; Mar 15 200? 12:39 Mar 15 2007 12:99 P.10 Sie! ad ¢) By deciding to complete the cholecystectomy via laparoscopic approach; d) By deciding to complete the cholecystectomy, via_ laparoscopic approach, given that this approach resulted in Patient S.Y-s injury. e) By failing to inform Patient S.Y. prior to surgery that injury to the uterus and fetus were part of the risk of a laparoscopic cholecystectomy, 23, Based on the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2005), by failing to practice medicine within the standard of care which would be recognized by a reasonably prudent medical professional under similar conditions and circumstances. COUNT TWO 24, Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 25. Section 458.331(1)(m), Florida Statutes (2005), provides that 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 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; 6 Mar 15 200? 12:39 Mar 15 2007 12:99 P.11 i eal 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. 26. Respondent failed to document in his preoperative notes that he informed Patient S.Y. of the risks of a laparoscopic cholecystectomy included injury to the uterus and fetus. 27. Based on the foregoing, Respondent has Violated Section 458.331(1)(m), Florida Statutes (2005), by failing to justify the course of Patient S.Y’s treatment. WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. Mar 15 200? 12:39 Mar 15 2007 12:99 P.12 Nine’ Vu! fete’ SIGNED this L day of N bushi , 2006, DOH Prosecution Services Unit FILED 4052 Bald Cypress Way, Bin C65 eARTMENT OF HEAL Tallahassee, FL 32399-3265 De BMY aoe Florida Bar # 0078999 850.245.4640 ext. 8175 pare_\f LJOu 850.245.4681 FAX Franklin D. Clontz, M.D. CASE NO. 2005-64995 PCP Date: November 03, 2006 PCP Members: Ashkar, Cline & Beebe 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 __.___ Respendent—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 shail 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: 07-001228PL