ele STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, | PETITIONER, v, CASE NO.:2008-01026 ROBERT LOUIS DRAPKIN, M.D., RESPONDENT, _/ ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Robert Louis Drapkin, 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. a ” mt | 4:\PEU\Medical\Robert Milne\Cases\DRAPKIN 2008-0:1026\DRAPKIN AC 458 331(1)(t) (m).doe I ro'd fpia 6o02 8 dag pare 600z @ das | _ , ” 2, at all times material to this Complaint, Respondent was a licensed physician within the State of Florida and a board certified hematologist/ oncologist, having been issued license number ME 34925. 3. Respondent's address of record is Oncology Associates, PA, 3253 McMullen Booth Road, Clearwater, Florida, 33761. 4, In early 2007, Patient N.O. was under the care of Respondent for follow up care and surveillance regarding a breast cancer which had been diagnosed and treated in 2003. 5 In March of 2007 Patient N.O. complained of right pain in her right hip and back, 6. On or about March 21, 2007, Respondent arranged for the diagnostic evaluation of this new complaint. 7. On Or about March 21, 2007, a nuclear medicine bone scan demonstrated an abnormality at the right sacroiliac joint. 8, On March 22, 2007, an MRI scan showed an insufficiency fracture of the right sacral ala, 9, On April 4, 2007, Patient N.O. underwent a CT-guided Tru-Cut ~~ biopsy of the abnormal sacral area. 4:\PSU\Medical\Robert Milne\Cases\DRAPKIN 2008-01026\DRAPKIN AC 458 331(1)(t) {m).doc 2 90d = s928 = BDZ Bag pare 600z @ das am ~ 10. Pathological examination of the biopsy specimen was done at Morton Plant Hospital, Clearwater, Florida which produced a tissue report dated April 7, 2007, The tissue report specified the identification of .a plasmacytoma in the biopsy specimen, 11, ‘The plasmacytoma identified in the biopsy report is a localized plasma cell malignancy, , 12. On discovery of a plasmacytoma it must be distinguished from a multiple myeloma, which is a disseminated plasma cell malignancy. 13. Respondent neglected to advise N.O, that she had a plasmacytoma for seven months. 14, Respondent failed to provide the diagnostic measures to distinguish between a plasmacytoma and multiple myeloma. 15. | Subesquently N.O. was evaluated at H. Lee Moffitt Cancer Center and & review of the biopsy slides confirmed the presence of a plasmacytoma. 16. Section 498.331(1)(t), Florida Statutes (2007), provides that committing medical Malpractice constitutes grounds for disciplinary action ~ by the Board of Medicine. Medical Malpractice is defined in Section 456.50, Florida Statutes (2007), as the failure to Practice medicine in accordance J:\PSU\Medical\Robert Milne\Cases\DRAPKIN 2008-01026\DRAPKIN AC 458 331(1)(t) (m).doc 3 | a0'd as'a 6002 § das pois 600z 8 das : em. ~~ with the level of care, skill, and treatment recognized in general law related to health bare licensure. For purposes of Section 458.331(1)(t), Florida Statutes (2007), the Board shall give great weight to the provisions of Section 766.102, Florida Statutes (2007), which provide that 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. 17, Respondent failed to practice with the 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, in one or more of the following ways: a). by neglecting to advise Patient N.O. for seven months that she hada plasmacytoma; b). by failing to provide the diagnostic measures to distinguish between a plasmacytoma and multiple myeloma; c). by failing to complete an adequate assessment of Patient N.0’s / condition in failing to distinguish between a localized plasmacytoma and multiple myeloma; JAPSU\Medical\Robert Milne \Cases\DRAPKIN 2008-01026\DRAPKIN AC 458 331(1)(t) (m),doc 4 i'd 0998 Booz Boag pare 600z @ das | | a om d). by failing to adequately and timely diagnose patient N.O,'s plasmacytoma; . e). by failing to adequately diagnose Patient N.O,'s plasmacytoma; f). by failing to create an appropriate plan for the evaluation and management of N.O.’s condition; g). by failing to accurately record in N.O.’s medical records on May 8, 2007, the presence of the plasmacytoma that was identified in the biopsy report of Apri 7,2007; h). by inaccurately stating in N.O.’s medical | records on July 27, 2008, “bone bx- negative. ” 18. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2007), | 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 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, J:\PSU\Medical\Robert ‘Milne\Gases\DRAPKIN 2008-01026\DRAPKIN AC 458 334(1)(t) (mm).doc 5 aod -««oS:8 BOOZ Bag oc:e s00z @ das SIGNED this /2. Gay of CMA , 2009. Ana M. Viamonte Ros, M.D., M.P.H. State “— General aoe yfiine j ober A. eneral Counsel Florida Bar # 622338 DOH Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 went repo (850) 245-4640 Office P (A (850) 245-4681 Facsimile cLent ! a AS pate PCP Members: Chak Kae, Lopes Beret PCP: oe ja, 2004 Tailahassee, Florida 32399-3265 J:\PSU\Medieal\Robert Milne\Cases\DRAPKIN 2008-01026\DRAPKIN AC 458 331(1){t) (m).doe B0'd =—s«dé'S3B«BODZ GAS oc:e s00z @ das

Docket for Case No: 09-004822PL