STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO, 2004-09921 MITCHELL TODD MASSIE, M.D., RESPONDENT. / ADMINISTRATIVE_COMPLAINT Petitioner, the Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against the Respondent, Mitchell Todd Massie, M.D., and in support thereof states: 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 73308. 3. The Respondent's address of record is 311 Manatee god zpipl oe 9 Jay Zripl 2002 4 dy Avenue East, Bradenton, Florida. 4. At all times material to this Complaint, Respondent was _ board-certified by the American Board of Surgery with a sub-specialty in vascular surgery. 5, At all times material to this Complaint, Respondent worked as a surgeon at Blake Medical Center (‘BMC’), located at 2020 59" Street West, Bradenton, Florida. 6. On or about November 7, 2003, a primary care physician referred C.P., a then eighty-one (81) year-old female, to BMC due to complaints of episodic right upper quadrant pain, severe nausea and frequent vomiting. 8. Onor about November 7, 2003, Respondent performed a laparoscopic cholecystectomy on C.P. A cholecystectomy is a procedure done to remove the gallbladder and can be done by laparoscopic surgery or open surgery. Laparoscopic surgery generally has a faster recovery period than open surgery. 9, On or about November 7, 2003, starting at approximately 6:30 p.m., and persisting through the morning of November 8, 2003, C.P. was diagnosed with low blood pressure. Prior to the 90d zpipl 002 9 40y Zeipt 2ooz 9 dy in OCR EN IATA EK RAT uPA cholecystectomy of November 7, 2003, C.P. suffered from high blood pressure and was under medication for the high blood pressure. 10. On or about November 8, 2003, at approximately 6:30 a.m., blood tests were done on C.P. Respondent did not know that blood tests were done on C.P. and was not made aware of the results of the blood tests. 11. At approximately 9:00 a.m., on November 8, 2003, C.P.’s high blood pressure medication was withheld due to her low blood pressure. Respondent did not know that C.P,’s high blood pressure medication was withheld. 12. On or about November 8, 2003, at approximately noon, Respondent discharged C.P. from BMC. Respondent discharged C.P. from BMC without ever taking C.P.’s vital signs post-operative. 13. At all times during the post-operative period, Respondent did not adequately assess and evaluate C.P.’s medical condition. 14, At all times during the post-operative period, Respondent did not adequately and properly monitor C.P.’s post-operative recovery progress. Respondent also failed to detect clinical abnormalities that may have changed his opinion about discharging éo'd zpipl 002 9 40y Zripl 2002 4 dy sree ncurmndelae lind HEA ARIAL PO om evanmmymaunmuuacaruelnl C.P. 15. A reasonably prudent similar physician under similar conditions and circumstances would, have adequately and completely assessed C.P’s medical condition prior to her discharge from BMC and would have adequately and properly monitored C.P.’s post-operative recovery progress, 16. On November 9, 2003, at approximately 1:25 a.m., C.P. was brought by EMS to the Emergency Room at BMC. At approximately 2:30 a.m., C.P. had a stroke and was pronounced dead a few minutes later. Count I 17. Petitioner adopts and incorporates paragraphs 1 through 16 as though fully set forth herein. 18. Section 458.331(1)(t), Florida Statutes (2003), provides that 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 constitutes grounds for discipline by the Board of Medicine. aod zpipl 002 9 40y Zripl 2002 4 dy 19. At all times material to this Complaint, 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 condition and circumstances by failing to adequately assess, evaluate, and monitor C.P. during the post- operative period. 20. 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 that is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances. Count I 21. Petitioner adopts and incorporates paragraphs 1 through 16 as though fully set forth herein. 22. Section 458.331(1)(m), Florida Statutes (2003), provides that failure to keep legible medical records that justify the course of treatment of the patient constitutes. grounds for discipline by the Board of Medicine. 60"d epipk ¢o02 9 4d¥ Zeipt 2ooz 9 dy 23. Ataill times material to this Complaint, Respondent failed to keep complete medical records that document an adequate post- operative assessment, evaluation, and monitoring of C.P. 24, Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2003), by failing to keep legible medical records that justify the post-operative course of treatment and management of C.P., including failing to keep medical records that document an adequate post-operative assessment, evaluation, and monitoring of C.P. 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. aob'd epipl ode 9 4d¥ Sripl 2002 4 dy lh a RP SCOR HE Rp ah ABABA SUD Poa ahmmsunm oN IVERSON aM ara PI 8 PERE EST SIGNED this 15". dayof__Noooaey 2004, John O, Agwunobi, M.D,, M.B.A. Secretary, Department of Health FILED EPARTMENT OF HEALTH a ia DEPUTY Ou {| Counsel nent (Werth Colman Florida Bar #0647671 Da’ -1$-0 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 414-8126 PHONE (850) 414-1991 FAX Reviewed and approved by: 72, __(initials) xf 22\ o4 (date) pcp: November 12,2004 PCP Members:Gustave Leon, M D(Chairpersen), Peter Lamelas,M.D.and John Bee DOH v. Mitchell Todd Massie, M.D.; DOH Case No. 2004-09921 LL'd epipl 002 9 4d¥ Sripl 2002 4 dy 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. Mitchell Todd Massie, M.D. #2004-09921 zk'd epipl 002 9 4d¥ Sripl 2002 4 dy

Docket for Case No: 07-001605PL