May 11 2007 15:51 85@ 488 1855 P.@s MAY-11-268? 15:41 FL DEPT OF HEALTH om NS Py - : Voy, ; = . ; 0 Een Re = STATE OF FLORIDA My lyn DEPARTMENT OF HEALTH YW, "9 * ) 8 DEPARTMENT OF HEALTH ‘ O17 A132 PL PETITIONER, v. CASE NO. 2003-29152 FREDERICK A. HAUBER, M.D., RESPONDENT. ey | ADMINIST RATIVE COMPLAINT Petitioner, the Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against the Respondent, Frederick A. Hauber, 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 25741. 3. | The Respondent’s address of record is 5347 Main Street, Department of Health v. Frederick Hauber, M.D., Case Number 2003-29152 J:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m)(t).doc May 11 200? 15:51 MAY-11-2007 15:41 FL DEPT OF HEALTH 856 488 1855 P.@6 von ™ Suite 100, New Port Richey, Florida 34652. 4. At all times material to this Complaint, Respondent was certified in ophthalmology by the American Board of Ophthalmology. 5. At all times material to this Complaint, Respondent worked as an ophthalmologist at Pasco Eye Institute (“PEI”) located at 5347 Main Street, Suite 100, New Port Richey, Florida 34652. 6. On or about June 29, 1998, G.H., a then forty-one (41) year-old male, awoke with no vision in his left eye. G.H.’s wife called his primary care physician and was advised to take G.H. to the emergency room. 7. On or about June 29, 1998, G.H. presented to the Emergency Room (“E.R.”) at Community Hospital of New Port Richey (“Community”). G.H. complained to the E.R. physician, Dr. M., of having left frontal headaches for the last month with an onset of blindness in his left eye that morning. The E.R. physician examined G.H. and found that G.H. had severe loss of vision in his left eye but no specific diagnosis was made other than referring G.H. for an ophthalmic evaluation. 8. On or about June 29, 1998, Respondent examined G.H. at Department of Health v. Frederick Hauber, M.D., Case Numbpr 2003-29152 3:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m\t).doc May 11 200? 15:52 MAY-11-2@87 15:42 FL DEPT OF HEALTH 85@ 488 1855 “~ on™ P.@? PEI and suspected that G.H. suffered from optic neuritis. 9. On or about June 29, 1998, Respondent prescribed oral steroids for the suspected optic neuritis. Respondent also ordered a CT scan and referred G.H. to a neurologist. 10. On or about June 29, 1998, Respondent recommended that G.H. should see his primary care physician to obtain a referral for the neurologist consultation and CT scan. No specific note as to urgency or timing is noted in the record. 11. At all times material to this Complaint, Respondent did not make a differential diagnosis or consider other possible causes for the onset of blindness in the left eye. 12. At all times material to this Complaint, Respondent made no assessment of vision, did not perform an external exam, did not assess cranial nerve functions, and did not assess general neurological status. Respondent made no case specific evaluations such as color vision, spontaneous venous pulsations, mental status changes, headache type, or other neurological findings. 13, At all times material to this Complaint, Respondent did not document in the medical records when the CT scan should occur, Department of Health v. Frederick Hauber, M.D., Case Numbgr 2003-29152 J:\PSU\Medical\Patry\ACs\Hauber.2003-29152(m)(t).doc May 11 200? 15:52 MAY-11-2087 15:42 FL DEPT OF HEALTH 858 488 1855 “™ oN, P.68 when the referral to the neurologist should take place or when the visit to the primary care physician should occur. Also, Respondent did not convey to G.H., or his primary care physician, the urgency of G.H.’s medical condition and the urgent need for a CT scan and a referral to a neurologist. 14. At all times material to this Complaint, oral steroids, a CT scan, and neurologic referral are not appropriate treatment options for a diagnosis of optic neuritis. 15. At all times material to this Complaint, Respondent did not communicate with G.H.’s primary care physician about G.H.’s medical condition. Respondent did not follow-through with the treatment and recommendations made to G.H. and left G.H. to make his own arrangements for subsequent CT scan and evaluation by a neurologist. 16. At all times material to this Complaint, Respondent did not recommend to G.H, that he should return to the E.R. for immediate follow-up evaluation. 17. On or about June 29, 1998, G.H. made an appointment with the primary care physician for July 1, 1998, in order to obtain Department of Health v. Frederick Hauber, M.D., Case Numbgr 2003-29152 J:\PSU\Medical\patty\ACs\Hauber,2003-29152(m)(t).doc May 11 200? 15:52 MAY~11-2807 15:42 FL DEPT OF HEALTH 858 488 1855 a “™~ P.@3 the referrals required by his insurance company for the CT scan and neurology consultation. . 18. On or about June 30, 1998, at approximately 4:10 a.m., Respondent was transported by Fire Rescue back to the E.R. after he started having uncontrolled seizures. A CT scan performed upon arrival at the Community E.R. revealed evidence of hydrocephalus (fluid on the brain) secondary to intracranial hemorrhage (bleeding in the brain). 19. G.H. had an emergency ventriculostomy to drain the fluid, decreasing the pressure on the brain. Following surgery, an electroencephalogram revealed that G.H. had no electrical cerebral activity, reflecting brain death. 20. On or about July 1, 1998, G.H. expired. Count I 21. Petitioner adopts and incorporates paragraphs one (1) through twenty (20) as though fully set forth herein. 22. Section 458.331(1)(t), Florida Statutes (1997), provides that failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent. similar Department of Health v. Frederick Hauber, M.D., Case Number 2003-29152 J:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m)(t).doc May 11 200? 15:52 MAY-11-2007 15:42 FL DEPT OF HEALTH 858 488 1855 o™N o™~ P.18 physician “as being acceptable under similar conditions and circumstances constitutes grounds for discipline by the Board of Medicine. 23. 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 conditions and circumstances by one or more of the following: a) Failing to adequately and accurately assess or evaluate G.H.’s medical condition; b) Failing to pursue the appropriate treatment plan based upon Respondent's initial history, finding, and apparent diagnosis of optic neuritis; C) Failing to prescribe the proper medication to G.H.; d) Failing to communicate with G.H. or G.H.’s primary care physician about the urgency of G.H.’s medical condition; e) Failing to coordinate or make the necessary arrangements for G.H. to have the CT scan or Department of Health v. Frederick Hauber, M.D., Case Number 2003-29152 J:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m)(t).doc May 11 200? 15:53 MAY-11-2087 15:43 FL DEPT OF HEALTH 850 488 1855 “™ —_ referral to a neurologist done, leaving G.H. to make his own arrangements; f} Failing to document when the CT scan or referral to a neurologist should occur; g) Failing to document an adequate medical history, an adequate examination, differential diagnosis, treatment plan, and provision for subsequent care and follow-through with the patient; and h) _ Failing to document any communication with either the primary care physician, others involved in the care of G.H., or the patient. 22. Based on the foregoing, Respondent violated Section 458.331(1)(t), Florida Statutes (1997), 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 II 23. Petitioner adopts and incorporates paragraphs one (1) through twenty (20) as though fully set forth herein. Department of Health v. Frederick Hauber, M.D., Case Numbgr 2003-29152 J :\PSU\Medical\Patty\ACs\Hauber. 2003-29152(m)(t).doc Plt May 11 200? 15:53 MAY-11-2@87 15:43 FL DEPT OF HEALTH 85@ 488 1855 P.12 om™ ons 24. Section 458.331(1)(m), Florida Statutes (1997), 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. 25. At all times material to this Complaint, Respondent failed to keep complete medical records of G.H. that accurately and completely documented one or more of the following: a) an adequate medical history; b) an adequate examination; c) a differential diagnosis; d) a treatment plan; e) provision for subsequent care and plan to follow-through with G.H.’s care; f) the date when the CT scan or referral to a neurologist should occur; or g) communications with the primary care physician, others involved in the care of G.H., or G.H. 26. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (1997), by failing to keep legible medical records that justify the course of treatment of G.H. 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 Department of Health v. Frederick Hauber, M.D., Case Numbgr 2003-29152 J:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m)(t).doc May 11 2007 15:53 MAY-11-2887 15:43 FL DEPT OF HEALTH 8508 488 1855 P.13 “™ “on 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. stcnep this_ 13” day of Dyk. — 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health FILED Py Dy — QEPARTMENT OF | OF HEALTH pene wane oe CLERK Patricia Nelson ont eb eee Assistant General Counsel , Florida Bar #325790 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL. 32399-3265 (850) 245-4640 PHONE (850) 245-4680 FAX PCP: June 9, 2006 PCP Members: Ashkar, Barrau Department of Health v. Frederick Hi Hauber, M.D., Case Numbgr 2003-29152 J:\PSU\Medical\Patty\ACs\Hauber.2003- -29152(m\Xt). doc May 11 200? 15:54 MAY-11-2@87 15:43 FL DEPT OF HEALTH 85@ 488 1855 P.14 an oO DOH v. Frederick A. Hauber, M.D.; DOH Case No. 2003-29152 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. Department of Health v. Frederick Hauber, M.D., Case Numbey 2003-29252 J:\PSU\Medical\Patty\ACs\Hauber.2003-29152(m)(t).doc

Docket for Case No: 07-002133PL