Petitioner: DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE
Respondent: MARTIN GROSSMAN, D.C.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami, Florida
Filed: Oct. 25, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 5, 2008.
Latest Update: Dec. 24, 2024
Oct 25 2007 11:06
OcT-25-26a7 11:22 P8248
STATE OF FLORIDA
DEPARTMENT OF HEALTH
‘DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NO.: 2006-04204
MARTIN GROSSMAN, D.C.,
RESPONDENT.
ADMINISTRATIVE COMPLAINT
Petitioner, Department. of Health, by and through its
undersigned counsel, files this Administrative Complaint before
the Board of Chiropractic Medicine against Respondent, Martin
Grossman, D,C., and in support alleges:
1, Petitioner is the state department charged with
regulating the practice of chiropractic medicine pursuant: to
Section 20.43, Florida ‘Statutes; Chapter 456, Florida Statutes;
and Chapter 460, Florida Statutes.
2. At all times material to this Complaint, Respondent
Was a licensed chiropractic physician within the State of
Florida, having been issued license number CH 3147 on or about
April 28, 1979.
3, Respondent’s address of record is 3111 Pounce De Leon
Boulevard, Coral Gables, Florida 33134.
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4. On or about February 7, 2003, patient MM presented to
Respondent for treatment of injuries sustained when she was
struck by a motor vehicle on January 31, 2003. Prior to
presenting to the Respondent, patient MM had received treatment
for these injuries at the Pan American Hospital were she was
examined, x-rayed, and given crutches for her ankle injury.
5. Patient MM presented to the Respondent with complaints
. of severe stiff neck, bilateral upper back pain, and right ankle
pain.
6. Respondent examined patient MM and diagnosed her with
cervicobrachial syndrome, para spinal myofascitis, torticollis
and an ankle sprain.
7. The examination consisted of palpation findings,
cervical range of motion, Soto Hall test, Deep tendon reflexes
and sensory testing. There were no vital signs, no cranial
nerve test, no specific test for the diagnosis of
Cervicobrachial Syndrome and no orthopedic test found on the
exam for the ankle injury. There is no record that the
Respondent reviewed the x-rays taken at the Pan American
Hospital following the accident.
8. Respondent treated patient MM approximately 24 times
from her first visit on February 7, 2003, until July 16, 2003.
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9. Respondent generally provided patient MM with some
combination of the following treatments during each visit:
chiropractic manipulation, neuromuscular reeducation, aqua
therapy, ultrasound, acupuncture, and diathermy.
10. On July 31, .2003, patient MM was a passenger in a
Metro Dade County bus that was involved in a MVA. As a result
patient MM suffered injuries that superimposed on her previous
condition.
11. Patient MM was seen by the Respondent for examination
and treatment related to the new accident on August 4, 2003.
12. During the August 4, 2003, examination patient MM
presented with complaints of constant ache from her neck
radiating into her mid back down into her lower back, Fatient
MM further indicated that she had blurred vision which she
attributed to muscle relaxants prescribed at the hospital.
13. Respondent's examination consisted of palpation
findings, range of motion measurements of the cervical and
lumbar spine, deep tendon reflexes of the upper and lower
extremities, sensory testing and three orthopedic tests: Kemps
for low back; Soto Hall and Cervical Fixation, Kemps was
negative, Soto Hall resulted in pain and Cervical Fixation
resulted in reported pain, but there is no record as to the
nature, location or extent of the reported pain.
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14. Respondent diagnosed patient MM as having cervical
sprain, lumbar sprain and paraspinal myofascitis. There was no
mention of the previous ankle injury or symptoms.
15. Respondent treated patient MM approximately 16 more
times concluding treatment on October 31, 2003. Thereafter,
patient MM discontinued treatment and moved to Atlanta, Georgia.
16. Respondent generally treated patient MM with some
combination of the following services during each visit:
chiropractic manipulation, electrical muscle stimulation,
neuromuscular xreeducation, acupuncture, diathermy and aqua
therapy -
17. On or about March 14, 2006, Respondent prepared a
Final Report which diagnosed patient MM with cervical strain,
thoracic strain, mild concussion and ankle injury.
18. The medical records created by the Respondent failed
to justify his diagnoses of cervicobrachial syndrome,
torticollis, ankle sprain, or concussion, .
19. Respondent's daily treatment notes consisted of
circling several options on a pre-printed form for his
subjective findings, symptoms on each day, progress since the
last treatment, and activities that were uncomfortable to
perform as well as writing some brief patient specific notes.
20. Respondent's treatment notes were often times
illegible.
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21. the treatment motes created by the Respondent failed
to justify the care rendered by the Respondent.
22. The treatment notes created by the Respondent failed
to adequately describe the treatment provided; For instance the
treatment records failed to state what anatomical region was
treated with any of the modalities or for what period of time,
and there was no record of the specific spinal levels being
adjusted or what technique was used.
23. From the time when she discontinued care, Patient MM
and her attorneys made several requests for copies of her
medical records.
24. Respondent failed to promptly comply with patient MM’s
request for a copy of her medical records and only provided
patient MM with a copy on or about March 25, 2006, after she
filed a complaint with the Department.
Count One
25. Petitioner re-alleges and incorporates paragraphs one
(1) through twenty-four (25) as if fully set forth herein.
26. Section 460.413(1)(m), Florida Statutes (2002)-(2006),
provides that failing to keep legibly written chiropractic
medical records that identify clearly by name and credentials
the licensed chiropractic physician rendering, ordering,
supervising, or billing for each examination or treatment
procedure and that justify the course of treatment ef the
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patient, including, but net limited to, patient histories,
examination results, X rays, and diagnosis of a disease,
condition, or injury is grounds for disciplinary action by the
Board of Chiropractic Medicine.
27. Respondent violated Section 460.413(1)(m), Florida
Statutes (2002)-(2006), in the following ways:
a) by failing to maintain legible written
chiropractic medical records for patient MM that justified
diagnoses of cervicobrachial syndrome, torticollis, ankle
Sprain, or concussion;
b) by failing to maintain legible written
‘chiropractic medical records for patient MM that justified the
course of treatment provided to her;
c) by failing to maintain legible written
chiropractic medical records for patient MM that adequately
describe the treatment provided.
28. Based on the foregoing, Respondent violated Section
460.413(1)(m), Florida Statutes (2002)-(2006), by failing to
keep legibly written chiropractic medical records for patient LT
that identify Clearly by name and credentials the licensed
chiropractic physician rendering, ordering, supervising, or
billing for each examination or treatment procedure and that
justify the course of treatment of the patient, including, but
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not limited to, patient histories, examination results, X rays,
and diagnosis of a disease, condition.
COUNT TWO
29. Petitioner re-alleges and incorporates paragraphs one
.(1) through twenty-four (24) as if fully set forth herein.
30. Section 460.413(1) (ff), Florida Statutes (2002) =
(2006), provides that violating any provision of chapter 456 or
chapter .460, or any rules adopted pursuant thereto is grounds
for disciplinary action by the Board of Chiropractic Medicine.
31. Rule 64B2-17.0065, Florida Administrative Code
(F.A.C.), sets forth the minimal recordkeeping standards as set
forth below in pertinent part;
a. Rule 64B2-17.0065(3), F.A.C., states that the
medical record shall be legibly maintained and shall contain
sufficient information to identify the patient, support the
diagnosis, justify the treatment and document the course and
results of treatment accurately, by including, at a minimum,
patient histories; examination results; test results: records of
drugs dispensed or administered; reports of consultations and
hospitalizations; and copies of records or reports or other
documentation obtained from other health care practitioners at
the request of the. physician and relied upon by the physician in
_ determining the appropriate treatment of the patient. Initial
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and follow-up services (daily records) shall consist: of
documentation to justify care.
b. Rule 64B82-17,0065(4), F.A.C., states that all
patient records shall include a patient history; symptomatology
and/or wellness care; examination finding(s), including X-rays
when medically or clinically indicated; a diagnosis; a
prognosis; assessment(s); a treatment plan; and, treatments
provided,
32. Respondent failed to comply with Rule 64B2-17.0065,
F.A.C., im one or more of the following ways:
a) by failing to Maintain legible written
chiropractic medical records for patient MM that justified
diagnoses of cervicobrachial syndrome, torticollis, ankle
sprain, or concussion;
b) by failing to maintain legible written
chiropractic medical records for patient MM that justified the
course of treatment provided to her, and;
c) by failing to maintain legible written
‘chiropractic medical records for patient MM that adequately
describe the treatment provided.
33. Based on the foregoing, Respondent has violated
Section 460.413 (1) (££), Florida Statutes (2002)-(2006), by
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violating Rule 64B2-17.0065, F.A.C., through a violation of
minimal standards for chiropractic record keeping.
Count Three
‘ 34. Petitioner re-alleges and incorporates paragraphs one
(1) through twenty-four (24) as if fully set forth herein.
35, Section 460.413(1)(n), Florida Statutes (2002)- (2006),
subjects a chiropractic physician to discipline for exercising
influence on the patient or client in such a manner as to
exploit the patient or client for financial gain of the licensee
ox of a third party which shall include, but not be limited to,
the promotion or sale of services, goods or appliances, or
drugs.
36. Rule 64B2-17.005, Florida Administrative Code, states
that overutilization of chiropractic services, goods, or
testing, constitutes the exploitation of a patient for financial
gain.
37. According to Rule 64B2-17.005, F.A.C., overutilization
occurs when, among other things, the written chiropractic
records, required to be kept by subsection 460,413(1) (m),
Florida Statutes, do not justify or substantiate the quantity or
number of chiropractic services, practices rendered, or goods or
appliances sold by a chiropractic physician to a patient.
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38. Respondent violated section 460.413(1) (n), Florida
Statutes (2002)-(2006), by administering numerous treatments to
patient MM without maintaining sufficient chiropractic records
that justified the need for the services provided.
39, Based on the Foregoing, Respondent has violated
Section 460.413(1)(n), Florida Statutes (2005)- (2006), by
exploiting patient MM for financial gain.
Count Four
40. Petitioner re-alleges and incorporates paragraphs
one (1) through twenty-four (24) as if fully set forth herein.
41. Section 460.413(1) (i), Florida Statutes (2005)-(2006),
subjects a chiropractic physician to discipline for failing to
comply with any statutory or legal obligation.
42. Section 456.057, Florida Statutes (2002)- (2006),
requires that any health care practitioner licensed by the
department or a board within the department who makes a physical
er mental examination of, or administers treatment or dispenses
legend drugs to, any person shall, upon request of such person
or the person's legal representative, furnish, in a timely
manner, without delays for legal review, copies of all reports
and records relating to such examination or treatment, including
X rays and insurance information.
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43. Respondent failed to promptly provide patient MM with
copes of his medical records in a timely manner despite several
requests to do so.
44. Based on the foregoing, Respondent has violation
Section 460.413(1) (i), Florida Statutes (2002)- (2006), by
failing to perform any statutory or legal obligation.
WHEREFORE, Petitioner respectfully requests that the Board
of Chiropractic Medicine enter an ordex 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.
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SIGNED this 1™ day of Ausk , 2007.
Ana M. Viamonte Ros, M.D., M.P.H.
State Surgeon General
—
Tobey .sthulitz
Assistant General Counsel
DOH Prosecution Services Unit
FILED 4052 Bald Cypress Way, Bin C-65
DEPARTMENT OF HEALTH Tallahassee, FL 32399-3265
DERUTY GLER Florida Bar # 0542131
(850) 245-4640 ext. 8176
(850) 245-4682 FAX
tobey_schultz@doh.state.fl.us
PCP: 7/31/07 Wellikoff & Jenkins
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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
Grogss-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.
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TOTAL FP. 2a
Docket for Case No: 07-004876PL
Issue Date |
Proceedings |
Feb. 05, 2008 |
Order Closing File. CASE CLOSED.
|
Feb. 05, 2008 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 03, 2008 |
Notice of Service of Respondent`s Unverified Answers and Objections to Petitioner`s First Set of Interrogatories filed.
|
Jan. 02, 2008 |
Respondent`s Responses and Objections to Petitioner`s First Request for Production of Documents filed.
|
Jan. 02, 2008 |
Respondent`s Responses and Objections to Petitioner`s First Requests for Admissions filed.
|
Nov. 02, 2007 |
Order of Pre-hearing Instructions.
|
Nov. 02, 2007 |
Notice of Hearing by Video Teleconference (hearing set for February 19 through 21, 2008; 9:30 a.m.; Miami and Tallahassee, FL).
|
Oct. 30, 2007 |
Joint Response to Initial Order filed.
|
Oct. 29, 2007 |
Notice of Serving Petitioner`s First Request for Production, First request for Interrogatories, and First Request for Admissions to Respondent filed.
|
Oct. 25, 2007 |
Initial Order.
|
Oct. 25, 2007 |
Administrative Complaint filed.
|
Oct. 25, 2007 |
Election of Rights filed.
|
Oct. 25, 2007 |
Request for Formal Administrative Hearing Involving Issues of Material Fact filed.
|
Oct. 25, 2007 |
Notice of Appearance (filed by T. Schultz).
|
Oct. 25, 2007 |
Agency referral filed.
|