Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: CELINA POY-WING, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: Dec. 17, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 18, 2008.
Latest Update: Jul. 07, 2024
Dec 17 2007 15:32
Dec 17 2007 16:33 P.03
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
W CASE NO.: 2005-06258
CELINA POY-WING, M.D.,
; RESPONDENT,
ee
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, Celina Poy-Wing, 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 41607,
Dec 17 2007 15:33
Dec 17 2007 16:33 P. O04
3. Respondent's address of record is 817 South University Drive
Suite 100A, Plantation, Florida 33324.
4, On or about May 21, 1998, Patient PR. a 40 year-old female
presented to Respondent for a liposuction procedure.
5. Respondent performed a fiposuction of the upper and lower
abdomen, flanks and back.
6. The removal of 3600. ml of fat from the abdomen, flanks and
back from a female weighing 163 pounds constitutes over-resection of fat
during liposuction.
7. Asa result of the over-resection of fat during the liposuction
procedure, and a subsequent misdiagnosis of a post-operative infection,
the patient suffered from pain, unanticipated scarring, and discoloration.
8. Medical records maintained by Respondent do not include
documentation of the history, physical examination, or narrative of the
procedure. |
COUNT ONE
9. Petitioner realleges and incorporates paragraphs one (1)
‘through eight (8) as if fully set forth herein.
Dec 17 2007 15:33
Dec 17 2007 16:33 P.O5
10. Section 458.331(1)(t), Florida Statutes (1998), 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.
11, 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 removing 3600 ml of fat from the abdomen, flanks and
back of a 40 year-old female weighing 163 pounds and by failing to
appropriately diagnose post-operative infection,
12. Based on the foregoing, Respondent has violated Section
458.331(1)(t), Florida Statutes (1998), 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.
Dec 17 2007 15:33
Dec 17 2007 16:33 P. 06
COUNT TWO
13. Petitioner realleges and incorporates paragraphs one (1)
through eight (8) as if fully set forth herein.
: 14. Section 458.331(1)(m), Florida Statutes (2004), 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 history; examination results; test
results; records of drugs prescribed, dispensed, or administered; reports of
consultations and hospitalizations.
15. Respondent failed to maintain appropriate medical records
justifying and detailing the course of Patient P.R.’s medical treatment
wherein Subject removed 3600 mi of fat from the abdomen, flanks and
back of a 40 year-old female weighing 163 pounds, .
16. Based on the foregoing, Respondent . has violated Section
458.331(1)(m), Florida Statutes (2004), by failing to maintain medical
‘records justifying the course of Patient P.R.’s medical treatment.
Dec 17 2007 15:33
Dec 17 2007 16:34 P.O?
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 ary other relief that the ~~
Board deems appropriate.
_ SIGNED this 2 bh day of Ay 4g ;
2006.
M. Rony Francois, M.D., M.S.P.H., Ph. D.
Secretary, Department of Health
Li-Z--————
Warren James Pearson
HEALTH
DEPAPUTY g ' RK. Assistant General Counsel
CLERK 0 DOH Prosecution Services Unit
DATE 212 4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar No. 0711578
(850) 245-4640
(850) 245-4681 FAX
Reviewed and approved by: (initials) (date)
‘PCP! suly 28, 2006
PCP Members: 51-panri, Tucker, Long
Dec 17 2007 15:33
Dec 17 2007 16:34 P. 08
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 any other discipline
‘imposed.
Docket for Case No: 07-005690PL
Issue Date |
Proceedings |
Feb. 18, 2008 |
Order Closing File. CASE CLOSED.
|
Feb. 14, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Jan. 10, 2008 |
Order Granting Motion to Permit Interrogatories Exceeding 30.
|
Jan. 07, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 25 through 27, 2008; 9:30 a.m.; Fort Lauderdale, FL).
|
Jan. 03, 2008 |
Respondent`s Motion for Continuance of the Formal Hearing filed.
|
Jan. 02, 2008 |
Respondent`s First Set of Request for Admissions filed.
|
Jan. 02, 2008 |
Respondent`s Notice of Unavailability for Co-Counsel filed.
|
Jan. 02, 2008 |
Respondent`s First Set of Interrogatories filed.
|
Jan. 02, 2008 |
Respondent`s Motion to Permit Interrogatories Exceeding 30 filed.
|
Jan. 02, 2008 |
Respondent`s Notice of Serving Interrogatories filed.
|
Jan. 02, 2008 |
Request to Produce and a Public Rercords Request filed.
|
Jan. 02, 2008 |
Notice of Service and Notice of Appearance (J. Pellett) filed.
|
Jan. 02, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 02, 2008 |
Notice of Hearing (hearing set for February 12 through 14, 2008; 9:30 a.m.; Fort Lauderdale, FL).
|
Dec. 28, 2007 |
Notice of Appearance (filed by J. Pellett).
|
Dec. 24, 2007 |
Respondent`s Response to Initial Order filed.
|
Dec. 24, 2007 |
Notice of Serving Petitioner`s First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
|
Dec. 24, 2007 |
Petitioner`s Response to Initial Order filed.
|
Dec. 18, 2007 |
Initial Order.
|
Dec. 17, 2007 |
Notice of Appearance (filed by W. Pearson).
|
Dec. 17, 2007 |
Election of Rights filed.
|
Dec. 17, 2007 |
Administrative Complaint filed.
|
Dec. 17, 2007 |
Agency referral filed.
|