Sep 14 200? 14:59 Sep 14 2007 14:57 P.O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2004-34639 MARCOS A. ZEQUERIA, M.D., RESPONDENT. I Vv M 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, Marcos M, Zequeira, 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 11897. LO. BZ °F) Sep 14 200? 14:59 Sep 14 2007 14:57 P. O06 3. Respondent's address of record is 6901 SW 136" Avenue, Southwest Ranches, FL 33330. 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. On or 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, during a video assisted thoracoscopy conducted by Respondent, a single lumen endotracheal tube was utilized for the procedure. 7 On or about February 21, 2003, Patient M.S.’s left lung collapsed during the procedure causing blood or exudate to drain from the left lung to the right lung. 8. Asa 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 14 200? 15:00 Sep 14 2007 14:57 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. If a double lumen had been utilized during the procedure the chance of jung collapse would have been significantly lower. ‘COUNT ONE 10. Petitioner realleges and incorporates paragraphs one (1) 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 Sep 14 200? 15:00 Sep 14 2007 14:57 P. 08 circumstances by utilizing and/or allowing the use of a single lumen tube during a video assisted thoracoscopy. 13, Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2002), 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 14. Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein. 15. Section 458.331(1)(m), Florida 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, or administered; and reports of consultations and hospitalizations. 16. Respondent failed to justify the course of Patient M.S/s medical Sep 14 200? 15:00 Sep 14 2007 14:57 P.09 treatment by failing to document legible medical records that justify , Respondent's utilization and or allowance of use 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 14 200? 15:00 Sep 14 2007 14:58 P.10 SIGNED this 2H day of Due ' 2007. Ana M Viamonte Ros, M.D., M.B.A. Secretary, Department of Health a ——— Warren James Pearson Assistant General Counsel Florida Bar No. 0711578 nen eA $052 Bald Cores Wy nC . ahassee, Florida - ashi (2-28-C1 (850) 245-4640 ext 8141 (850) 245-4681 FAX pcp: ly/a2[r007 PCP MEMBERS: Jeon, Thomas, Mitten Sep 14 200? 15:00 Sep 14 2007 14:58 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 ES: Ti 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: 07-004166PL