SEP-22-2088 12:43 AHCA Sep 22 2008 12:08 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vy . CASE NO. 2006-16585 JACK J. COHEN, D.P.M., RESPONDENT. uf ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned _ 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 14, 2005, Patient C.F. met with Respondent for an initial consultation regarding Patient C.F.’s ankle pain, bunions, corns and calluses. Department of Health v. Jack, Cohen, D.P.M. “4 Case Number 2006-14585 wi APELUNursing\WaltiPodiaty\Podiatry_AC_FraudPatientAuthorization__Coher.doe go.GLet Sep 22 2008 12:08 SEP-22-2088 12:44 AHCA 5. Respondent evaluated Patient C.F.’s condition and diagnosed the presence of a hallux valgus and hammertoes 2 through 5 bilaterally, 6. Respondent recommended surgical correction of the hallux valgus and hammertoes, 7. Prior to the surgery, Patient C.F, signed a surgical consent entitled “Authorization for Minor Surgery.” . 8. On or about January 18, 2005, Respondent performed surgery on Patient C.F.; the procedure included: a) Keller/Mayo bunioectomy right foot; . b) Osteotomy proximal phalanx, right great toe; c) Extensor tenotomy and capsulotomy of the 2” toe right foot; d) Flexor tenotomy 2™ toe right foot; €) Arthroplasty proximal interphalangeal joint 3" toe right foot; f) Extensor tenotomy and capsulotomy of the 3! toe right foot; 9) Flexor tenotomy 3 toe right foot; h) Arthroplasty proximal interphalangeal joint 3 toe right; i) Extensor tenotomy and capsulotomy of the 4"" toe right foot; j) Flexor tenotomy 4" toe right foot; k) Arthroplasty proximal interphalangeal joint 4" toe right; 1) Extensor tenotomy and capsulotomy of the 5‘ toe right; m) Flexor tenotomy 5" toe right foot; n) Arthroplasty proximal interphalangeal joint 5“ toe right: 0) Keller/Mayo bunioectomy left foot; Pp) Osteotomy proximal phalanx, left great toe: q) Extensor tenotomy and capsulotomy of the 2! toe left foot: r) . Flexor tenotomy 2" toe left foot: 5) Arthroplasty proximal interphalangeal joint 3” toe left foot: t) Extensor tenotomy and Capsulotomy of the 3” toe left foot; u) Flexor tenotomy 3° toe left foot; V) Arthroplasty proximal interphalangeal joint 3 toe left foot; w) Extensor tenotomy and capsulotomy of the 4" toe left foot; X) Flexor. tenotomy 4" toe left foot; y) Arthroplasty proximal interphalangeal joint 4” toe left foot: z) Extensor tenotomy and capsulotomy of the 5” toe left foot; aa) Flexor tenotomy 5" toe left foot: bb)Arthroplasty proximal interphalangeal joint 5 toe left foot, Department of Health v. Jack J, Cohen, D.P.M. : 2 Case Number 2006-16585 JAPSL\NursinglWattPodlaty\Podiatry_AG_FraudPatientAuthorizstion_Cohend.doc Sep 22 2008 12:09 SEP-22-2088 12:44 AHCA 9. On or about November 14, 2005, Patient C.F. was seen by Edward Holt, M.D. in Annapolis Maryland for pain and stiffness in her feet, 10. X-rays taken of Patient C.F.’s feet revealed resection of the interphalangeal joints of all lesser toes and osteotomies of the great toes bilaterally. 11, On or about January 20, 2006, Patient C.F. was evaluated by Edward Bustamante D.P.M., with multiple complaints including an in-stable ankle pain in her toes following surgical treatment by Respondent. 12. X-ray examination of the right ankle revealed later ankle instability, resection of the medial eminence of the 15 metatarsal, a large intermetatarsal angle, healed Osteotomy of the great toe, and haphazard resection of ‘the interphalangeal joints 2 through 5" toes. bilaterally. 13. 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. 14. Respondent failed to practice podiatric medicine at the level of care, skill and treatment which is recognized by @ reasonably prudent Podiatric physician as being acceptable under similar conditions and circumstances by presenting Patient C.F. with a surgical consent form, “Authorization for Minor Sugery” in light of the fact Respondent performed no less than 28 procedures with 12 of those Procedures involving the removal or fracture of bone. : Department of Health y, Jack J. Conen, D.P.M, . : 3 Gaze Number 2006-16585 4APSUNursing\Watt\Podiatry\Podiatry _AG. .FraudPatientAuthorization_ Cohend.doc Sep 22 2008 12:09 SEP-22-2088 12:44 AHCA 15, Based on the foregoing, Respondent violated Section 461.013(1)(s), Florida Statutes (2005) by failing 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. - 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_J day of Febru , 2008. inte Ros, M.D., M.P.H. DEP, E Walter T. S. Widener ASE MENT Gi HEALT Assistant General Counsel ctenk