Sep 22 2008 12:07 SEP-22-20H8 12:42 AHCA P.ia STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2006-30207 JACK J. COHEN, D.P.M., RESPONDENT. ay | D col NT COMES NOW, Petitioner, Department of Health, by and through its undersigned aN. ot Z ‘counsel, and files this Administrative Complaint before the Board of Podiatric Medicine against Respondent, Jack J. Cohen, D.P.M., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of podiatric medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 461, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed Podiatric physician within the state of Florida, having been issued license number PO 1663. 3. Respondent's address of record is 1204 Avenue U, #1017, Brooklyn, New York 11229, 4, On or about January 27, 2005, Patient S.G. presented to Respondent's office with a complaint of painful unresponsive neuromas of both feet. Department of Haalth v. Jack J, Cohen, D.P.M, 1 Case Number 2006-36207 JAPSUNNursing\Watt\Podiatry\Cohen\Podiatry_AC_Resords. CohenJ.doc SEP-22-2088 12:42 AHCA Sep 22 2008 12:07 5. Respondent confirmed the diagnosis of neuromas and offered surgical correction in the form of ostectomies of the metatarsals to relieve pressure on the nerve tissue between the metatarsal heads, 6. Respondent advised against an excision of the neuromas because stump neuroma could occur with resulting return of pain. 7, On or about February 2, 2005, Patient 5.G. underwent 20 surgical procedures performed by Respondent including 8 multiple ostectomies for the treatment of neuromas. 8. Following the procedures, Patient $.G. continued to have foot pain and deformities, 9. Respondent failed to keep adequate medical records justifying the course . of treatment for Patient S.G. and destroyed all his financial records related to the patient. COUNT ONE 10. Petitioner re-alleges and incorporates Paragraphs one (1) through (9) as if fully set forth herein, 11. Section 461.013(1)(s), Florida Statutes (2005) provides that the failure to practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances, constitutes grounds for disciplinary action by the board of podiatric medicine. Department of Health y, Jack J, Cohen, D.P.M. 2 Case Number 2006-30207 JAPSUNursing\Walt\PodiatryCahen\Podiatry _AC_Records_CohenJ.dec SEP-22-2088 12:43 AHCA Sep 22 2008 12:07 12. Respondent failed to practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances by performing 8 multiple ostectomies for the treatment of neuromas on Patient S.G, 13. Based on the foregoing, Respondent violated Section 461.013(1)(s), Florida Statutes (2005), failure to Practice podiatric medicine at the level of care, skill and treatment which is recognized by a reasonably prudent podlatric physician as being acceptable under similar conditions and circumstances, constitutes grounds for disciplinary action by the board of podiatric medicine. UNT TW 14. Petitioner re-alleges and incorporates paragraphs.one (1) through (9) as if fully set forth herein. 15. Section 461.013(1)(), Florida Statutes (2005), provides that failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, and test results, constitutes grounds for disciplinary action by the Board of Podiatric Medicine. 16. Respondent failed to keep written records justifying the course of treatment for Patient S.G. and destroyed all his financial records related to the patient. 17, Based on the foregoing, Respondent violated Section 461.013(1)(0), Florida Statutes (200), by failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination Department of Heath v. Jack J. Cohen, D.P_M, 3 Case Number 2006-30207 J? APSU\Nursing\Wall\Podiatry\Cohen\Podiatry AC_Records_CohenJ.doc Sep 22 2008 12:08 SEP-22-2088 12:43 AHCA results, and test results, constitutes grounds for disciplinary action by the Board of Podiatric Medicine WHEREFORE, the Petitioner respectfully requests that the Board of Podiatric 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. SIGNED this_J5” day of ___ Felruac 4, 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General Walter T. S. Widener Assistant General Counsel RTMENT OF HEALTH DOH Prosecution Services Unit DEFA UTY oer RON 4052 Bald Cypress Way, Bin C-65 CLERK: Tallahassee, Florida 32399-3265 DATE___ 2° 252 O% Florida Bar Number 0037258 (850) 245-4640 Voice (850) 245-4683 Fax PCP: PCP Members: Department of Heatth v. Jack J. Cohen, D.P.M. 4 Case Number 2006-30207 JAPSU\NursingWalfiPodiaty\Cohen\Podiatry_AG_Fiecords. Cohend.clac SEP-22-2088 12:43 AHCA Sep 22 2008 12:08 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 to any other discipline imposed. ==. ce Department of Health v, Jack J. Cohen, 0.F.M. Case Number 2006-30207 4APSU\NursingiWatt\Podiaty\Cohan\Podlatry_AC_Reconis_Coheni.clos

Docket for Case No: 08-004747PL