May & 2009 13:42 Nay 8 2009 12:40 | P.O5 1 re a ae rr STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2007-17549 ROBERT A. RUTH, M.D., RESPONDENT, | / | ADMINISTRATIVE COMPLAINT | Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Robert A. Ruth, 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 74008. | 3. Respondent’s address of record is 1661 Tidewater Lane, Navarre, Florida 32566. gooz FT ud May & 2009 13:42 May 8 2009 12:40 P. O06 4, Onor about March 2, 2007, Patient N.B., a sixty-three year old female, underwent a colonoscopy at the Endoscopy Group in Pensacola, Florida. 5. On or about March 5, 2007, Patient. N.B. presented to the , | emergency department of Santa Rosa Medical Center in Milton, Florida with | complaints of left chest pain. 6. Respondent was the physician in charge of Patient N.B.s care i during her time in the emergency department. 7. . Patient N.B’s chest pain increased with deep inspiration and movement, and she rated the pain at five out of ten. | 8. Patient N.B,'s lab work revealed low hemoglobin of 8.7, 9. Patient N.B,'s EKG (electrocardiogram) revealed non-specific ST | and T wave changes. 10. Patient N.B. was given Nubain (a drug used for treating and preventing moderate to severe pain) and Phenergen IV (promethazine—a drug used to treat allergy symptoms), | 11. Respondent did not investigate Patient N.B/s abdomen. 12. Respondent did not investigate the cause of Patient N.B.'s anemia. May & 2009 13:42 May 8 2009 12:40 P.O? 13. Respondent did not conduct a rectal exam on Patient N.B. 14. Respondent did not conduct or order act scan of Patient N.B’s _ abdomen, : 15. After completion of Patient N.B.’s workup, Respondent discharged Patient N.B. with the diagnosis of chest wall pain. : 16. On or about March 7, 2007, Patient N.B. underwent a CT scan of the abdomen, which revealed a small peripheral tear of the inferior mid portion of the spleen, resulting in a small subcapsular (situated or occurring beneath or within a capsule) hematoma and a small amount of fluid collecting in the perisplenic space from the hemidiaphragm (one of the two lateral halves of the diaphragm separating the chest. and abdominal Cavities) to the inferior aspect of the spleen. : 17. On or about March 7, 2007, Patient N.B. was admitted to West Florida Hospital and observed for three days. : ~-t8. ~On or about March 10, 2007, Patient N.B. was'discharged from West Florida Hospital. 19. Section 458,33 1(1)(t), Ftorida Statutes (2006) subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2006), defines medical 3 May & 2009 13:42 May 8 2009 12:41 P. 08 malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 20. Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766,102. Section 766.102(1), Florida Statutes (2006), defines the standard of care to mean“. . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers... .” | 21,. Respondent failed to meet the required standard of care by in one or more of the following ways: | a) By failing to investigate Patient N.B’s abdomen ‘after her complaints of left chest pain after - previously having a colonoscopy; or b) By failing to investigate the cause of Patient N.B.’s andi or C) By failing to perform @ rectal exam on Patient N.B.; or d) By failing to perform or order a CT scan of Patient N.Bs abdomen. €) By misdiagnosing Patient N.B’s condition. 4 May & 2009 13:43 May 8 2009 12:41 P.O 22. Based on the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2006), by failing to practice medicine within the standard of care which would be recognized by a reasonably prudent medical professional under similar conditions and circumstances. | WHEREFORE, 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. | May & 2009 13:43 May 8 2009 12:41 P.10 SIGNED this fim " day of , 2008, Ana M.Viamonte- Ros, M.D., M. PH. State syreon Gener... 2 ia ‘ ib )) Basson Somme - | irom D ( ' Assistant Ge ierat ‘Counsel ‘ DOH Prosect ition Services Uni DEPART HM PARTMENT ge a ea 4052 Bald Cypress Way, Bin C-65 SRERK: Tallahassee, FL 32399-3265 pare eta Florida Bar # 0078999 | 850.245.4640 ext, 8175 | 850.245.4681 FAX Robert A. Ruth, M.D, CASE NO, 2007-17549 PCP: April 11, 2008 PCP Members: Ashkar, Lage & Beebe May & 2009 13:43 May 8 2009 12:41 P.11 NOTICE OF RIGHTS a 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 witnessés 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.

Docket for Case No: 09-002418PL