Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: JONATHAN GREENBERG, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Orlando, Florida
Filed: Jul. 18, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 27, 2008.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
| PETITIONER,
v. | CASE NO, 2006-38335
JONATHAN GREENBERG, M.D,,
RESPONDENT,
DMINY TIVE | MPLAIN
COMES NOW, Petitioner, Department of Health, by and through ft .
undersigned counsel, and files this Administrative Complaint before th ~
Board of Medicine against Respondent, Jonathan Greenberg, M.D.; and ir .
support thereof alleges:
1. | Petitioner is the state department charged with regulating the
ANY
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practice of Medicine pursuant to Section 20.43, Florida Statutes; Chapter -
456, Florida Statutes; and Chapter 458, Florida Statutes,
2
licensed - medical doctor within the state of Florida, having been sued :
license number ME 50725,
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At all times material to this Complaint, Respondent. v was: 3 al" Lye
3. Respondent’s address of record is 545 Delaney Avenue A
Bullding 1, Orlando, Florida, 32801, . ;
4, On or about September 21, 2006, Patient 4.S., a then tweh =
nine (28) year-old male, signed an informed consent for bilateral L4-5, |
$1 hemilaminectomy/dlscectomy (removal of the laminae and spinous
processes to decompress the spinal cord/nerve; removal of herniated an
degenerated intervertebral disc material) to be performed by Respondent,
5. On or about September 26, 2006, Respondent admitted Patien
1.5., to Orlando Regional Medical Center, in Orlando, Florida for bilateral
L4-5, Ls S1 hemilaminectomy/discectomy,
6. On or about September 26, 2006, prior to beginning th
procedure, a “time out” verifying the correct patient, correct physician :
correct site, and correct procedure planned was completed. |
7. On or about September 26, 2006, an intraoperative PAC
(Picture. Archiving and Communication System; digital) x-ray was taken “
and Respondent marked what he believed to be the L4-5 and L5-Si level
for surgery.
8, According to the operative report dated September 26, 2006). "
Respondent performed 14-5 and L5-St herilaminotomies, foraminotomies
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discectories at 13-4 and L4-5, rather than, 14-5 and 15-51.
(procedure used to achieve spinal cord decompression), and discectom!
with bilateral fat grafts.
s On or about September 29, 2006, Respondent ordered a
routine xray of Patient J.5/s surgical site,
10. On or about September: 29, 2006, Respondent discovered th it
he had performed the hemilamimotemies, foraminotomies, “ark af
11. On or about September 29, 2006, Respondent advised Paitient
1.5. of the error, .
12. On or about September 30, 2006, “Respondent perform
lumbar re-exploration at [5-S1, performing hemilaminotom
foraminotomy, and discectomy,
13. Section 456.072(1)(bb), Florida Statutes (2006), provides that . |
performing or attempting to perform heatth care services on the- wron
patient, a wrong-site procedure, a wrong procedure, or an unauthorize 7
procedure or a procedure that is medically unnecessary or otherwis
unrelated to the patient's diagnosis or medical condition is grounds
disciplinary action by the Board of Medicine.
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M4, Respondent performed or attempted to perform health ca
services on the wrong patient, a wrong-site procedure, a wrong procedu
or an “unauthorized procedure, or a procedure that was medicall _
unneceseary by one or more of the following ways:
, a. Failing to adequately identify the correct area, Patient.J.S,
L5-S1 joint, for the hemilaminotomy, foraminotomy an
discectomy;
ob Performing a procedure on Patient 3.S/s incorrect anatomni :
site, the L3-L4 joint; and/or
¢, Performing a procedure that was medically unnecessary 0 ce] : .
Patient J.S.$ L3-L4 joint. a |
15, Based on the foregoing, Respondent has violated Sectio oe
456. 072(1)(bb), Florida Statutes (2006), by performing a wrong-site
incorrect and/or medically unnecessary procedure on Patient J.S.
WHEREFORE, the Petitioner respectfully requests that the Board o
Medicine enter an order imposing one or more of the following penalties: . ;
restriction of the Respondent's practice, imposition of an administrative ,
fine, Issuance of a reprimand, corrective action and/or any other rellef that -
the Board deems appropriate,
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SIGNED this Bday of Foon ney 2008,
Ana M, Viamonte Ros, M.D, M.P.H,
Secretary, Department of Health
I
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
' Tallahassee, FL 32399-3265
‘Florida Bar #028845 -
(850) 245-4640
(850) 245-4681 FAX
PCP: February 8, 2008
PCP Me Abers: Ashkar, Lage, Beeba
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Ob:ET so0zZ st inc
NOTICE OF RIGHTS
Respondent has the right to request a hearing to b
conduct i ,
NOTICE REGARDING ASSESSMENT OF COST s
Respondent is placed on notice that Petitioner has incurre
Costs related to the investigation and prosecution of this matter,
Pursuant to Section 456.072(4), Florida Statutes, the Board shal
assess costs related to the Investigation and prosecution of
disciplinary matter, which may include attorney hours and costs,
on the Respondent in addition to any other discipline imposed.
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Docket for Case No: 08-003495PL
Issue Date |
Proceedings |
Aug. 27, 2008 |
Order Closing File. CASE CLOSED.
|
Aug. 26, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Jul. 31, 2008 |
Second Amended Notice of Hearing (hearing set for September 11, 2008; 9:00 a.m.; Orlando, FL; amended as to room).
|
Jul. 30, 2008 |
Amended Notice of Hearing (hearing set for September 11, 2008; 9:00 a.m.; Orlando, FL; amended as to date & room).
|
Jul. 29, 2008 |
Order of Pre-hearing Instructions.
|
Jul. 29, 2008 |
Notice of Hearing (hearing set for September 11 and 18, 2008; 9:00 a.m.; Orlando, FL).
|
Jul. 25, 2008 |
Joint Response to Initial Order filed.
|
Jul. 21, 2008 |
Notice of Filing Petitioner`s Requests for Interrogatories, Production and Admissions filed.
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Jul. 18, 2008 |
Initial Order.
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Jul. 18, 2008 |
Notice of Appearance (filed by S. Braswell).
|
Jul. 18, 2008 |
Answer to Administrative Complaint filed.
|
Jul. 18, 2008 |
Election of Rights filed.
|
Jul. 18, 2008 |
Administrative Complaint filed.
|
Jul. 18, 2008 |
Agency referral filed.
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