Sep 14 2007 15:03 Sep 14 2007 15:00 P.O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2004-35920 G _ ANA: MARIA PADRON, M:Dg— me S | 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, Ana Maria Padron, 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 number ME 40953. Sep 14 2007 15:03 Sep 14 2007 15:00 P. O06 3. Respondent's address of record is 7150 W. 20" Avenue, #407, Hialeah, FL 33016. 4. On or about February 13, 2003, Patient M.S. a 37 year-old male presented to the Palmetto General Hospital with complaints of left rib pain with an onset of four days, The Respondent was diagnosed by =. another physician, Rene Guerra, M.D. with left lower lobe pneumonia and admitted and treated Patient M.S. with antibiotics, However, the pneumonia progressively worsened. . 5. Onor about February 21, 2003 Patient M.S. was found to have multiloculated effusion with multiple loculations on CT scan and was scheduled for video assisted thoracoscopy. 6. On or about February 21, 2003, Respondent during a video assisted thoracoscopy utilized a single lumen endotracheal tube for the - procedure. 7, On or about February 21, 2003, Patient M.Ss left lung collapsed during the procedure causing blood or exudate to drain from the left lung to the right lung. , | 8. As a result of the collapse of the lung, fluids were allowed to pass into the right lung of Patient M.S, which caused a bronchospasm. Sep 14 2007 15:03 Sep 14 2007 15:01 P.O? This bronchospasm resulted in inadequate oxygenation of vital organs and brain. which caused an irreversible anoxic event. As a result of ‘brain damage during the procedure, Patient M.S. is totally and permanently incapacitated and remains in a vegetative state. 9 a double lumen: had been utilized during | the procedure, It is likely. that the lung would not have collapsed. COUNT ONE 10. Petitioner realleges and incorporates paragraphs one © through nine (9) as if fully set forth herein. 11. Section 458,.331(1)(t), Florida Statutes (2002), 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 similar physician as being acceptable under similar conditions and circumstances. 12, 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 utilizing a single lumen tube during a video assisted Sep 14 2007 15:03 Sep 14 2007 15:01 P. 08 thoracoscopy and/or failing to properly communicate with the lead surgeon regarding the dangers associated with utilizing a single lumen tube. 13. Based on the foregoing, Respondent has violated Section -458.331(1)(t), Florida Statutes (2002), by failing to practice medicine with prudent similar physician as being acceptable under similar conditions and circumstances. COUNT TWO 14, Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 15. Section 458.331(1)(m), Fiorida Statutes (2002), 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, of administered; and reports of consultations and hospitalizations. 16. Respondent failed to justify the course of Patient M.S.'s medical Sep 14 2007 15:04 Sep 14 2007 15:01 P.09 treatment by failing to document legible medical records that justify Respondent’s utilization of a single lumen tube during the video assisted thoracoscopy. 17. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2002). 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. Sep 14 2007 15:04 Sep 14 2007 15:01 P.10 SIGNED this Id day of June , 2007. Secretary, Department of Health Ana M. Viamonte Ros, M.D., M.P.H Warren James Pearson Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 CLERK: Florida Bar # 0678597 pate___ Ce (207 (850) 245-4640 (850) 245-4680 FAX DEPARTMENT OF HEALTH PUTY CLERK PCP: I/ab/ 007 pcp MEmpers: £/- Balu, Winches bj Sep 14 2007 15:04 Sep 14 2007 15:01 P.11 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. RE IN M 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: 07-004165PL