Apr 16 200? 14:34 APR-16-2887 14°26 FL DEPT OF HEALTH 856 466 1855 P.@6 oo, os, STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2004-27950 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 requlating 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. Apr 16 200? 14:34 APR-16-2687 14:26 FL DEPT OF HEALTH 856 488 1855 Pa? om, oo, 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. | 5. Atall 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 July 2, 2004, Patient M.F, a 26-year-old female, presented to FCCS for an initial consultation wherein a physician. other than Respondent (“Physician A’) evaluated her for abdominal elastosis (sagging stomach). 7. Onor about July 9, 2004, Patient M.F. presented to FCCS, and Respondent took a brief clinical history and performed a_ physical examination. | 8. On or about July 9, 2004, Respondent performed an abdominoplasty with plication of the rectus fascia (tightening of the abdominal muscles) on Patient M.F, 2:\PSU\Medical\Patty\ACs\Gordon,2004-27950(t)(m).doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-27950 Page 2 Apr 16 200? 14:34 APR-16-2687 14°26 mT OF HEALTH ~ 854 468 1655 P.@8 9. Respondent's operative report notes that Patient M.F. tolerated the procedure well, and Respondent's progress notes indicate Patient M.F. had an estimated blood loss of 500cc. 10. On or about July 9, 2004, Patient M.F arrived in the FCCS recovery room at 5:25 p.m. 11. While in the recovery room, at 5:45 p.m., Patient M.F. received 50 mcg Fentanyl and 30 mg Toradol for pain. 12. Fentanyl is a narcotic analgesic used to relieve pain. Fentanyl is a Schedule II controlled substance, which has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States. Abuse of Fentanyl may lead to severe physical and psychological dependence. 13. Toradol contains ketorolac, a non-steroidal anti-inflammatory drug (NSAID). Toradol is used to relieve moderately severe pain. Toradol is commonly ‘used with a narcotic pain reliever to reduce pain. Toradol is contra-indicated in all patients at risk of bleeding because it is a platelet inhibitor. | 14. Patient M.F. was discharged from the facility at 6:25 p.m. on July 9, 2004. At the time of discharge, Patient M.F. had no urine output 1:\PSU\Medical\Patty\ACs\Gordon.2004-27950(t)(m).doc DOH v, Roger L. Gordon, M.D. DOH Case No. 2004-27950 Page 3 Apr 16 200? 14:35 APR-16-2087 14:27 FL DEPT OF HEALTH 856 488 1855 P.@9 os, oo despite having received 2,800 cc of intravenous fluids during surgery and recovery. 15. Patient M.F.’s caretaker, R.A. noted that Patient M.F. was groggy and looked extremely pale at the time of her discharge. 16. Respondent did not contact Patient M.F. on the evening of her discharge to monitor her progress. 17. On or about July 10, 2004, Patient M.F. awoke at 2:00 a.m. unable to see, with her eyes completely dilated. Patient M.F. began to sway, then slumped forward and fainted. R.A. called 911, and Patient M.F. was transported to the Holy Cross Hospital (“Holy Cross”). 18. On or about July 10, 2004, Patient M.F. presented to the Holy Cross Emergency Department CED”) with a temperature of 97 degrees, blood pressure of 90/49, a hemoglobin count of 8.3, and a hematocrit of 23.6. 19. On-or about July 10, 2004, at 4:13 a.m., Patient M.F was examined by the ED physician, who noted a large hematoma at the left lower abdomen and hip. J:\PSU\Medical\Patty\ACs\Gordon,2004+27950(t)(m).doc . DOH v, Roger L. Gordon, M.D. DOH Case No. 2004-27950 Page 4 Apr 16 200? 14:35 APR-16-2687 14:2? FL DEPT OF HEALTH 858 486 1855 P.1i8 20. Patient M.F. received blood transfusions and otherwise recovered uneventfully. Patient M.F. was discharged on or about July 14, 2004. 21, Section 458.331(1)(t), Florida Statutes (2004), 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. 22. 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: a. failing to monitor Patient M.F. ‘for an adequate period of time postoperatively when she had an intra-operative blood loss of 500 cc; b. failing to contact Patient M.F. on the evening of her discharge to monitor her progress; J:\PSU\Medical\Patt/\ACs\Gordon.2004-27950(t)(m).doc DOH v. Roger L. Gordon, M.D, DOH Case No. 2004-27950 Page § Apr 16 200? 14:35 APR-16-2087 14:27 FL DEPT OF HEALTH 856 488 1855 P.ii —_ os c. prematurely discharging Patient M.F. when Toradol , had been administered postoperatively. 23. 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 M.F. 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. 3:\PSU\Medical\Patty\ACs\Gordon.2004-27950(t)(m),doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-27950 Page 6 Apr ie 200? 14:46 APR-16-2687 14:28 FL DEPT OF HEALTH 858 486 1855 P.i2 on os; SIGNED this a say of eine , 2007. Ana M. Viamonte Ros, M.D., M.P.H. etary, Department of Health Patricia Nelson Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 CLERK: Florida Bar No. 325790 AK RacO.O Regt. (850) 245-4640 DATE 1-30-07) (850) 245-4680 FAX DEPARTMENT OF HEALT DEPUTY CLERK /PN PCP: January 26, 2007 PCP Members: El-Bahri, Winchester and Long J:\PSU\Medical\Pathy\ACs\Gordon.2004-27950(t)(m).doc DOH v. Roger L. Gordon, M.D. . DOH Case No, 2004-27950 Page 7 Apr 16 200? 14:36 APR-16-2087 14:28 FL DEPT OF HEALTH 856 488 1855 P.13 ~ o~ 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\Medical\Patty\ACs\Gordon.2004-27950(t)(m).doc DOH v. Roger L. Gordon, M.D. DOH Case No. 2004-27950 Page 8 TOTAL FP.13

Docket for Case No: 07-001712PL