Apr i? 200? 14:55 Apr 17 2007 14:56 P.03 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2003-20281 RICHARD ARNOLD, 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 the Respondent, Richard Arnoid, 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 2 licensed physician within the State of Florida, having been issued license number ME 29187. JAPSU\Mcdicallivingston'ac's\Amnold-t.m.dot 1 Apr i? 200? 14:55 Apr 17 2007 14:56 P. O04 3. Respondent's address of record is 311 N, Clyde Morris Bivd., #320, Daytona Beach, Florida 32114. 4, Respondent is board certified in Internal Medicine. 5, On or about February 6, 2002, Patient W.K., @ 49 year-old male with a history of hyperlipidemia (elevated amount of fat in the blood) and hypertension, presented to the emergency department at Memorial Hospital at Ormond Beach (MHO), complaining of acute dizziness with syncope (fainting). 6. Patient W.K. was examined by the Respondent's associate, who ordered an electrocardiagram, echcocardiagram, chest x-ray and blood levels of troponin (a cardiac enzyme which is elevated after the onset of a heart attack). 7, The electrocardiagram revealed evidence of an anterior wall myocardial infarction; the echocardiagram revealed a iarge old anterior wall myocardial infarction; the chest x-ray revealed no evidence of congestive heart failure; and troponin ievels were 1.4, 1.1 and 1.0 (normal troponin fevels are.0.0 to 0.4). 8. On or about February 6, 2002, Patient WK, was admitted 40 the hospital under the care of the Respondent. JAPSU\MadicalNivingston\ar’s\Amold-1m.dot 2 Apr i? 200? 14:55 Apr 17 2007 14:56 P.O5 9, The Respondent treated Patient W.K. with an Aspirin, Toprol (beta blocker), Nitroglycerine and Simvastatin (lowers cholesterol). 10. Respondent did not order any ACE inhibitors, anticoagulants, or a cardiac catheterization. 41. On or about February 8, 2002, the Respondent told Patient W.K. to schedule a stress test within a week and released Patient W.K. to his home. 12. On-or about February 8, 2002, Patient W.K. was taken to MHO from his hore with no pulse or blood pressure and was pronounced dead at the emergency room. 13, An autopsy revealed that Patient W.K. expired from complications of atherosclerotic coronary artery disease. COUNT ONE 14, Petitioner realleges and incorporates paragraphs one (1) through thirteen (13) as if fully set forth herein. 45. Section 458.331(1)(t), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Medicine for 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 }.\PSU\Medical\livingston\ac’s\Amold-Lm.dol 3 Apr i? 200? 14:55 Apr 17 2007 14:56 P. 06 similar physician as being acceptable under similar conditions and circumstances, , 146, | Respondent falled to practice medicine with that Jevel of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances by one or more of the following: a. Failing to treat Patient W.K. with ACE inhibitors or anticoagulants from February § — 8, 2002; b. Falling to order a cardiac catherization for Patient W.K. from February 6 - 8, 2002; c. Failing to order further diagnostic testing on Patient W.K, to determine the cause of the elevated troponin levels.; -17. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2001), 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. COUNT TWO 18. Petitioner realleges and incorporates paragraphs one (1) through thirteen (14) as if fully set forth herein. }APSU Medical \livingson\ac's\Amold-t.ra.dot 4 Apr i? 200? 14:55 Apr 17 2007 14:56 P.O? 19. Section 458.331(1)(m), Florida Statutes (2001), sets forth grounds for disciplinary action by the Board of Medicine for failing to keep legible medical records 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. 20, Respondent failed to justify the course of Patient W.K.’s medical treatment by failing to document one or mare of the fallawing: a, Justification for failing to order ACE inhibitors or Anticoagulants for Patient W.K. from February 5 ~ 8, 2002; b, Justification for failing to obtain a cardiac catheterization for Patient W.K. from February 6-8, 2001; c. Justification for failing to order further diagnostic testing for Patient W.K. from February 6-8, 2001; 21. Based on the foregoing, Respondent has violated Section 458.334(1)(m), Florida Statutes (2001), by failing to justify the course of Patient W,K,’s medical treatment. 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 JTAPSU\Medicalilivingmon\ae's\Amold-Lm.dot 4 Apr i? 200? 14:57 Apr 17 2007) 14:57 P. 08 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 [2 day of _oUna 2005, John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health FILED DEPARTMENT OF HEALTH Ephra EPUTY CLERK li Cols Assistant General Counsel ‘CLERK Seidl MAM DOH Prosecution Services Unit DATE __(p-t$-RS 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0121347 (850) 414-8126 EL:cs (850) 414-1989 FAX Reviewed and approved by: iat (initials).2 [14 los" (date) PCP: June 10,2005 PCP Members: Fuad Ashkar, mD(Churperson), Carmel Barray, MD amd Sohn Beebe DOH vs. Richard Arnold, M.D., Case No. 2003-20281 JAPSU\Medical Litingston\ae's\Aroo)d-.rn.dot 6

Docket for Case No: 07-001725PL