STATE OF FLORIDA DEPARTMENT OF HEALTH LI- Arle PL PETITIONER, “. CASE NO. 2006-03228 JOEL S, BENVENISTE, 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, Joel $. Benveniste, M.D, support thereof alleges: and in 1. Petitioner is the state department charged with regulating the practice of Medicine pursuant to Section 20.43, Florida Statutes; 456, Florida Statutes; and Chapter 458, Florida Statutes. Chapter 2. At all times material to this Complaint, Respondent was a licensed physician within the state of Florida, having been issued license number ME44217. bO‘d Sp-pl £002 €2 ACW Qv:yl 2002 $2 few 3. Respondent’s address of record Is 429 S, Landmark Avenue Bloomington, IN 47403. | 4. Respondent is board certified in Radiology. 5. | Onor about May 18, 1998, Patlent K.M., a then thirty-four year old, male, heavy-smoker, received a portable anterior-posteriqr (front- back) chest x-ray at Palm Bay Community Hospital (PBCH) in Palm Bay, Florida that the interpreting radiologist at the time concluded was hormal. 6. On or about November 8, 2000, Patient K.M, received a posterior-anterior (back-front) and left lateral (side) chest x-ray at PBCH 1 that the interpreting radiologist at the time concluded was normal, 7. Onor about November 17, 2000, additional chest setays were taken of Patient K.M. at PBCH. A different radiologist interpreted these _and compared them to the November 8, 2000 x-rays. He observed linear densities at the lung bases consistent, with either scarring or atelectasis (partial or complete collapse of lung) as well as a lobulated density at the right apex (a round mass at the highest point of the lung). The same radiologist also noted that the lobulated mass was present on the May: 18, | 1998 x-ray. He documented his findings, notified emergency room staff of the findings and recommended follow-up care. | | | | SO‘d Ship “£002 €2 Aen dv:vI 2002 ¢z few 8. Onor about October 10, 2001, Patient K.M. returned to PBCH complaining of abdominal pain, chronic cough, trouble breathing al dd chest pain. Additional chest x-rays were taken which Respondent, a radiologist, interpreted. | 9. On or about October 10, 2001, Respondent noted atelectati changes involving the bases of both lungs, however he failed to hote the presence of a lobulated mass at K.M.'s right lung apex. Alternatively, if Respondent saw the mass, he failed to document his observations and report them to K.M.‘s treating physician(s). 10. The aforementioned lobulated mass was visible on the October 10, 2001 x-rays. . | | 11. . Additional studies. performed on.K.M. in October. 2003 revealed “that he was suffering for Cancer in ‘his right lurig which is‘tikely Fn He began.chemotherapy'in- November 2003. - | 12. Section 458,331(4)(0,-Florida Statutes. (2001),.. provides that “gross or repeated malpractice or the failure to practice medicine. with that —evel_ef-care—skill—and-treatment-which-isrecognized -by_a reasonably “prudent similar physician as being acceptable under similar conditions and | circumstances is grounds for discipline by the Board of Medicine. | | | | | 30°d Sbipl L002 €2 EW ev:yl 2002 £7 few 13. On or about October 10, 2001, Respondent failed to| practice medicine with that level of care skill which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances by not seeing the lobulated mass present at K.M.'s right lung apex or, if he saw it, by not documenting his findings and reporting its presence to K.M.'s treating physician(s). 14. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2001). | WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order Imposing one or more of the following penalties: 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. 0‘d épepl £002 €2 Aen ev:v1 200% $7 few SIGNED this © > day of. 2.co-lee/ | 2006. DEPARTMENT OF HEALTH EPUTY CLERK CLERK: i pate «IZ IN PCP: December 8, 2006 PCP Members: Ashkar, Bearlson, & Beebe 80'd Lptpl <002 €2 Sew dv:pl 2002 ¢z few M. Rony Francois, M.D., M.S.P.H Secretary, Department of Health Don Freeman Assistant General Counsel DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar # 736171 (850) 245-4640 (850) 245-4681 fax: , Ph.D. 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 prosecition of a disciplinary matter, which may include attorney hours an costs, on the Respondent in addition to any other discipline imposed. 60°d 2yipl £002 €2 Aen 2v:vl 2002 ¢z few

Docket for Case No: 07-002318PL