Apr 18 200° 9:44 Apr 18 2007 9:44 P.O5 Mw’ \ad STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2006-02703 RAKESH CHAMPAK PATEL, M.D., RESPONDENT. / ' ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Rakesh Champak Patel, 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 nurnber 86279. 3. Respondent’s address of record is 1812 North Mills Avenue, Orlando, Florida 32803. NoZhah Apr 18 200° 9:44 Apr 18 2007 9:46 P. O06 ad ) 4, On or about December 5, 2005, Patient A.G., a fifty-seven year- old female, was admitted to Florida Hospital-Orlando with an atrophic (decreased in size) left kidney. 5. Respondent consulted with Patient A.G, concerning a possible left nephrectomy (kidney removal). He further explained the best course of action would be to attempt this in a laparoscopic left retroperitoneal (behind the thin layer of connective tissue which lines the abdominal cavity and covers most of the organs contained therein) approach due to the multiple abdominal adhesions. 6. After consultation, Patient A.G. stated she wished to proceed with the procedure. 7. Respondent was the surgeon for Patient A.G/'s, left laparoscopic retroperitoneal nephrectomy (complex). 8. On or about December 5, 2005, Patient A.G. was taken to the operating room for a left laparoscopic retroperitoneal nephrectomy. 9. The procedure was started on Patient A.G. by placing Patient A.G, in the right side down flank position and a one centimeter incision after palpation of the petit triangle (area of the lateral abdominal wall). Apr 18 200? 9:45 Apr 18 2007 9:46 P.O? v W 10. Upon entry, Respondent noted significant adhesions surrounding the kidney. 11. After the kidney was retracted, significant adhesions were again noted, the capsule. surrounding the kidney was opened, and a subcapsular-nephrectomy-was-performed; ~~ 12. Patient A.G. tolerated the procedure well and was taken to the recovery room. 13. A specimen container labeled “left kidney” with the atrophic left kidney, collected from the December 5, 2006 surgery, was received by _ pathology on or about December 7, 2005, 14 —Upon examination of the specimen, it was determined that the specimen received was actually a 146g, 10 x 6 x 4.5 cm spleen. 15... No evidence of.renal tissue was detected in the specimen. ______ 16. Respondent reviewed the pathology findings with Patient A.G. and explained that Patient A.G, needed a left retroperitoneal exploration —— —and completion nephrectorniy. _ 17, Patient A.G. consented to this procedure on or about December 9, 2005. Apr 18 200? 9:45 Apr 18 2007 9:46 P. 08 W Ww 18. On or about December 9, 2005, Respondent performed a left retroperitoneal exploration and an open completion nephrectomy on Patient A.G. 19. After the procedure, Patient A.G. was taken to the recovery room in stable condition. ) 20. Section 456.072(1)(aa), Florida Statutes (2005), provides that performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition constitutes grounds for disciplinary action by the Board of Medicine. 21, Respondent performed or attempted to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure or an unauthorized procedure, or a procedure that was medically unnecessary by one or more of the following ways: a. Failing to adequately identify Patient A.G. ‘s left kidney; b. Performing a procedure on Patient A.G.'s incorrect organ; ¢. Performing a procedure that was medically unnecessary by removing Patient A.G.'s spleen. 4 Apr 18 200? 9:45 Apr 18 2007 9:46 P.09 V w 22. Based on the foregoing, Respondent has violated Section 456.072(1)(aa), Florida Statutes (2005), by performing a wrong-site, incorrect and medically unnecessary procedure on Patient A.G.'s spleen. 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 Board deers appropriate. SIGNED this_ 2“ day of Le tanec , 2006. Apr 18 200? 9:45 Apr 18 2007 9:46 P.10 ee Ww 4052 Bald Cypress Way, Bin C-65 ’ Tallahassee, FL 32399-3265 Florida Bar # 0078999 850.245.4640 ext. 8175 850.245.4681 FAX Rakesh Champak Patel, M.D. CASE NO, 2006-02703 -PCP: December 8, 2006 PCP Members: Ashkar, Bearison & 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 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.

Docket for Case No: 07-001742PL