Apr 16 200? 14:28 APR-16-2887 14:28 FL DEPT OF HEALTH S54 468 1855. P.@6 _ oo, STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv CASE NO. 2004-14039 ROGER L. GORDON, M.D., RESPONDENT. / 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, 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. 10-90% -~-1I@ Apr 16 200? 14:28 APR-16-2087 14:28 FL DEPT OF HEALTH 856 488 1855 Pa? 3. Respondent's address of record is 3800 Galt Ocean Drive, Suite 310, Fort Lauderdale, Florida 33308. 4. | Respondent is certified in General Surgery by the American Board of Surgery and in Plastic Surgery by the American Board of Plastic Surgery. | 2. At all times material to this complaint, Respondent worked as a plastic surgeon at Florida Center for Cosmetic Surgery (‘FCCS”) .in Ft. Lauderdale, Florida: . , 6. On or about April 17, 2003, Patient L.C.,, a 29-year-old female, presented to FCCS for an initial consultation wherein a physician other than Respondent ("Physician A”) evaluated her for rectus diastasis (separation of the abdominal muscles at the middle of the abdomen) and lipodystrophy (selective loss, of body fat). 7. During this April 17, 2003, initial consultation, Physician A suggested L.C. have an abdominoplasty (tummy tuck) and a mastopexy (breast lift) with augmentation mammoplasty. (breast augmentation). Physician A also suggested Patient L.C. have suction assisted lipectomy (liposuction) of the hips, flanks, Jumbar rolls and thighs. 3:\PSU\Medical\ Patty \\ACs\Gordon.2004-14039(t)(m).doc DOH v..Rager L. Gordon, M.D, ‘ DOH Case No. 2004-14039 Page 2 Apr ie 200r 14:28 APR-16-2687 14:26 FL DEPT OF HEALTH 658 466 1855 P.a8 8. On or about May 9, 2003, Patient L.C. presented to Respondent's office for a preoperative evaluation wherein a physician other than Respondent (“Physician B”) evaluated her as having abdominal elastosis (a degenerative change in the elastic tissue of the abdomen) and sagging breasts and had been recommended to have a mastopexy (breast lift) and abdominoplasty (tummy tuck), Physician B signed Patient L.C’s clinical history and physical examination in preparation for her surgery. 9. According to Patient L.C., she passed out twice during her ‘Preoperative’ evaluations at FCCS. Patient L.C. advised FCCS staff, including Respondent, of her history of syncopal episodes (fainting spells), 10. At ho time prior to surgery, did Respondent ever personally examine or obtain a history from Patient L.C. 11. Respondent's medical records document the syncopal episodes Patient L.C. experienced at FCCS during her preoperative visits. 12. Patient L.C.’s procedure was scheduled for May 9, 2003. Immediately prior to surgery, Respondent changed the operative plan due to Patient L.C’s “weight (221 pounds) and to the length of the procedure.” Respondent elected not to proceed with the mastopexy or augmentation, but to proceed with the abdominoplasty alone. J:\PSU\Medical\ Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v, Roger L. Gordon, M.D. DOH Case No. 2004-14039 Page 3 Apr 16 2007 14:29 APR-16-2687 14:21 FL DEPT OF HEALTH 854 486 1655 P.@g om, oo, 13. Respondent noted in his operative report that Patient L.C. “accept[ed] this assessment”, in regard to the change in the operative plan, but no:written evidence exists that Patient L.C. was informed of or accepted the:change in operative plan. 14. On or about May 9, 2003, Respondent performed an abdominoplasty, removing a 750 g panniculus from Patient L.c. The procedure took 1 hour and 30 minutes, concluding at 5:10 p.m. 15. According to her medical records, Patient L.C, tolerated the procedure well, with an estimated blood Joss of 400 cc. Patient L.C. was discharged home at approximately 6:20 p.m. having remained in recovery for approximately one hour. 16. Patient L.C’s husband, R.C., noted that Patient L.C. looked very pale at the time of her discharge. 17. On or about May 10, 2003, Patient L.C, presented to Respondent's ‘office for a postoperative evaluation. No complications were noted. There is no documentation or other evidence that Respondent, or any other FCCS staff member, took Patient L.C’s vital signs during this May 10, 2003, postoperative visit. J:\PSU\Medical\Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v. Roger L. Gordon, M.D, . . DOH Case No. 2004-14039 . Page 4 Apr ie 200r 14:29 APR-16-2667 dd4:2t FL DEPT OF HEALTH 658 466 1855 P.ia on” os 18. On or about May 10, 2003, in the evening, Patient L.C. sustained a syncopal episode and was transported to the Florida Medical Center (“FMC”) following a 911 call. 19. On or about May 10, 2003, Patient L.C. was admitted to FMC, where the Respondent did not have privileges. Upon admission, Patient L.C. underwent a CT scan, which showed abdominal hemorrhage, and blood tests, which showed severe anemia and clotting problems. 20. Patient L.C. and was treated for hemorrhagic shock by a team of physicians, including a plastic surgeon, internist, hematologist, and general surgeon. The treatment team decided to resuscitate Patient L.C. by administering blood products to reverse the anemia and clotting problems and stop the internal bleeding. The plan was to surgically explore the abdomen if the anemia and clotting problems did not resolve. 21. On or about May i1, 2003, Patient L.C’s blood tests showed that, despite the administration of blood products, her anemia and clotting problems had worsened. 22. On or about May 11, 2003, the plastic surgeon, Dr. M., and the general surgeon, Dr. L., performed surgery on Patient L.C. The surgeons removed approximately 2500 cc of blood, blood products, and clots from J:\PSU\Medicat\ Patty\ACs\Gordon,2004-14039(t)(m).doc : DOH v. Roger L. Gordon, M.D. DOH Case No, 2004-14039 Page 5 Apr 16 200? 14:29 APR-16-2087 14:21 FL DEPT OF HEALTH 856 488 1855 P.ii ‘ ~ os Patient L.c’s body. Two active arterial perforators were actively bleeding at that time and were satisfactorily coagulated. 23. Patient L.C. recovered uneventfully and was discharged on or about May 16, 2003. . COUNT ONE 24, Petitioner realleges and incorporates paragraphs one (1) through twenty-three (23) as if fully set forth herein. 25. Section 458.331(1)(t), Florida Statutes (2003), provides that gross or 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 constitutes grounds for disciplinary action by the Board of . Medicine. 26. 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: J:\PSU\Medical\Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-14039 . Page 6 Apr 16 200? 14:30 APR-16-2087 14:22 FL DEPT OF HEALTH 856 488 1855 P.i2 os a a. failing to adequately document consultation with Patient L.C. of the change in the operative plan and Patient L.C.’s consent to the change; b. failing to personally evaluate Patient L.C. prior to the date of her surgery; c. failing to address a course of action for Patient L.C.’s history of syncopal episodes and the episodes she suffered during her preoperative evaluation; d. failing to monitor Patient L.C. for an adequate period of time postoperatively when she had an interoperative blood loss of 400 cc; e. failing to obtain and/or document Patient L.C.’s vital | signs during her postoperative visit. 27. Based on the foregoing, Respondent has 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 simitar physician as being acceptable under similar conditions and circumstances in Respondent's treatment of Patient L.C. J:\PSU\Medical\Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v. Roger L. Gordan, M.D, DOH Case No. 2004-14039 Page 7 APR-16-2687 14:22 FL DEPT OF HEALTH Fer 19 200 ‘aso 48 1855 P.13 —_ on , COUNT TWO 28. Petitioner realleges and incorporates paragraphs one (1) through twenty-three (23) as if fully set forth in this count. 29. Section 458.331(1)(m), Florida Statutes (2003), 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; - 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. 30. Respondent failed to justify the course of treatment of Patient L.C. in one or more of the following ways: a. failing to document a complete history and physical examination;: b. failing to document a course of action to address Patient L.C.’s history of syncopal episodes and the syncopal episodes J:\PSU\Medical\Patty\ACs\Gordon,2004-14039(t)(m).doc : DOH v. Roger L. Gordon, M.D. ‘ DOH Case No. 2004-14039 Page & Apr 16 2007 14:30 APR-16-2087 14:22 FL DEPT OF HEALTH 654 468 1855 P.14 os o~ Patient L.C. suffered during the preoperative evaluation or why no course of action was taken; | c. failing to document any vital signs during the postoperative evaluation on May 10, 2003. 31. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2003), 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 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. 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 J:\PSU\Medieal\Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v. Rager L. Gordon, M.D. DOH Case No. 2004-14039 Page 9 Apr 16 200? 14:30 APR-16-2087 14:25 FL DEPT OF HEALTH 856 488 1855 P.is oo, ant fees billed or collected, remedial education and/or any other relief that the _ Board deems appropriate, SIGNED this Ail day of in uby , 200%, Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health’ tricia Nelson Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265 CLERK: Fac COU.2 Patan, Florida Bar No. 325790 DATE_O1-30-07 (850) 245-4640 (850) 245-4680 FAX /PN PCP: January 26, 2007 — PCP Members: El-Bahri, Winchester and Long J:APSU\Medical\Patty\ACs\Gordon.2004-14039(t)(m).doe DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-14039 Page 10 Apr ie 200r 14:41 APR-16-2687 14:25 FL DEPT OF HEALTH 858 486 1855 P.16 om, 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-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. J:\PSU\Medlcal\Patty\ACs\Gordon.2004-14039(t)(m).doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-14039 Page 1 TOTAL F.16

Docket for Case No: 07-001711PL