Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: MIGUEL ANGEL ACEVEDO-SEGUI, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Mar. 12, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 7, 2008.
Latest Update: Dec. 25, 2024
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STATE OF FLORIDA !
DEPARTMENT OF HEALTH |
DEPARTMENT OF HEALTH, |
PETITIONER, |
v. CASE NO.: 2003-21882
MIGUEL ANGEL ACEVEDO-SEGUI, M.D.,
RESPONDENT. |
INISTRATIVE COMP T
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, Miguel Angel pcevedo-Sequi
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 72458, . |
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3. Respondent's address of record is 1051 Winderley Place, Suite
103, Maitland, Florida 32751. |
4, Respondent is board certified in Emergency Medicine.
5, On or about December 30, 1999, Patient D.G., a 45 year-old
male with a history of obesity and non-insulin dependant diabetes mellitus,
presented to the emergency department at Florida Hospital East in Orlando
complaining of intermittent, dull chest pain. |
6. The Respondent was the attending emergency room physician
at Florida Hospital East. :
7. Onor about December 30, 1999, Respondent ordered a chest
x-ray and an electrocardiagram (ECG). The chest x-ray revealed mild
cardiomegaly with no acute changes and the Respondent interpreted the
ECG as normal sinus rhythm. :
8. The Respondent did not order cardiac enzyines, cardiac
consultation, a stress test, or an echocardiogram for Patient DG.
9. The Respondent diagnosed Patient D.G. with acute chest pain
and after 2 % hours of observation discharged the patient home with a
prescription for pain medication and recommended that he consult with his
primary care physician within 3 - 5 days.
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10. On or about January 2, 2000, Patient D.G. returned to the
Florida Hospital East emergency room complaining of chest pain.
11, The emergency room physician ordered an ECG, which
demonstrated a myocardial infarction and cardiac enzymes were markedly
elevated. |
12. Onor about January 2, 2000, Patient D.G. was admitted to the
hospital for cardiac catheterization, which revealed severe coronary artery
disease. |
13. On or about January 2, 2000, Patient D.G. underwent an
emergency coronary artery bypass grafting. !
14. On or about January 10, 2000, Patient D.G. was discharged
from the hospital to his home. |
COUNT ONE |
15. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set forth herein.
. 16. Section 458.331(1)(t), Florida Statutes (1999), st forth
grounds for disciplinary action by the Board of Medicine for gross or
repeated malpractice or the failure to practice medicine with tat level of
care, skill, and treatment which is recognized by a reasonably prudent
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similar physician as being acceptable under similar conditions and
circumstances. :
17, 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 one or more of the following:
a. Failing to admit Patient D.G. to the hospital on |
or about December 30, 1999, for further testing}
|
b. Failing to obtain a cardiac consultation |
for Patient D.G. on or about December 30, 1999;
|
c. Failing to order cardiac enzymes, stress testing,
or an echocardiagram for Patient D.G. on
or about Decernber 30, 1999; :
18. Based on the foregoing, Respondent has violated Section
458.331(1)(t), Florida Statutes (1999), 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 |
19. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set forth herein. |
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20. Section 458.331(1)(m), Florida Statutes (1999), 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.
21. Respondent failed to justify the course of Patient D.G’s medical
- treatment by failing to document one or more of the following:
a. Justification for failing to admit Patient D.G,
to the hospital on or about December 30,
1999, for further testing;
b. Justification for failing to obtain a cardiac consultation
for Patient D.G. on or about December 30, 1999;
c. Justification for failing to order cardiac enzymes,
stress testing, or an echcardiagram for Patient D,G.
on or about December 30, 1999;
22. Based on the foregoing, Respondent has violated Section
458.331(1)(m), Florida Statutes (1999), by failing to justify the course of
Patient D,G,’s medical treatment. |
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
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practice, imposition of an administrative fine, issuance of a reprienand,
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,
SIGNED this _\%__ day of CAD rte |
2004. !
John ©. Agwunobi, M.D, M.B.A.
Secretary, Department of Health
TOF HEALTH ——
OE NY Ge Ephraim D. Livingston
Assistant General Counsel
ee DOH Prosecution Services Unit
pat 4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 0121347 |
(850) 414-8126
EL:cs (850) 414-1989 FAX
LERK
Reviewed and approved by: DLE Ainitials) 2/04 (date) :
PCP: IF, ADDY, : |
PCP mavens Gustavo Leon, M.D (Chairperson) ond Mark Avila, MD.
DOH vs. Miguel Angel Acevedo-Segui, M.D:, Case No. 2003-21882
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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 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 othe discipline
imposed,
DOH vs. Miguel Angel Acevedo-Segui, Case No. 2003-21882
Docket for Case No: 08-001224PL
Issue Date |
Proceedings |
May 07, 2008 |
Order Closing File. CASE CLOSED.
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May 07, 2008 |
CASE STATUS: Motion Hearing Held. |
May 02, 2008 |
Notice of Taking Deposition (3) filed.
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May 01, 2008 |
Motion to Relinquish Jurisdiction filed.
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Apr. 17, 2008 |
Notice of Taking Deposition Duces Tecum filed.
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Apr. 10, 2008 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
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Apr. 10, 2008 |
Respondent`s Response to Petitioner`s First Request for Production of Documents filed.
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Apr. 10, 2008 |
Respondent`s Notice of Serving Responses to Petitioner`s Firsr Set of Interrogatories filed.
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Mar. 21, 2008 |
Order of Pre-hearing Instructions.
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Mar. 21, 2008 |
Notice of Hearing (hearing set for May 12 and 13, 2008; 9:00 a.m.; Tallahassee, FL).
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Mar. 19, 2008 |
Joint Response to Initial Order filed.
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Mar. 13, 2008 |
Notice of Serving Petitioner`s First Request for Admissions, Interrogatories, and Production of Documents filed.
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Mar. 12, 2008 |
Notice of Appearance (filed by M. Casey).
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Mar. 12, 2008 |
Petition for Formal Hearing filed.
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Mar. 12, 2008 |
Administrative Complaint filed.
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Mar. 12, 2008 |
Agency referral filed.
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Mar. 12, 2008 |
Initial Order.
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