Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DAVID LAWRENCE CHARLES WELLS, M.D.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Miami, Florida
Filed: Sep. 14, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 2, 2010.
Latest Update: Dec. 25, 2024
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. CASE NO.: 2007-10505
DAVID LAWRENCE CHARLES WELLS, M.D.,
RESPONDENT.
/
ee
ADMIN VE PLAIN
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before the
Board of Medicine against the Respondent, David Lawrence Charles Wells,
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
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licensed physician within the State of Florida, having been issued license
number ME 93738, |
3. Respondent's address of record is 3046 Dusty Lane, Neosho,
Missouri 64850-8909.
4. Respondent is Board Certified by the American Board of
Radiology in Diagnostic Radiology.
2. On or about January 18, 2007, patient A.L., a sixty (60) year-
old male admitted to North Shore Medical Center. ‘Patient A.L. presented
with a chief complaint of dyspnea secondary to congestive heart failure
and renal failure. Patient A.L. had a history of heart disease and diabetes,
6. On or about January 19, 2007, patient A.L. underwent a CT
scan of the abdomen and pelvis which demonstrated a 2.9 cm mass in the
region of the pancreatic tail. ,
7, On or about January 24, 2007, at approximately 5:00 p.m.,
Respondent, as the General Radiologist at North Shore Medical Center,
performed a CT guided needle biopsy of the pancreatic mass on patient
AL.
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8, Immediately after the procedure, Respondent ordered and
diagnosed a CT scan which demonstrated that patient A.L. had developed
an evolving hematoma at the biopsy site. :
9. Due to the evolving hematoma at the biopsy site, Respondent
instructed that a follow up CT scan of the abdomen was to be performed
for further assessment.
10. Respondent did not instruct or order that patient A.L. be
admitted to a recovery area, post anesthesia care unit or intensive care
unit after diagnosing that patient A.L. had developed an evolving
hematoma at the biopsy site. i
11. Respondent did not monitor, or instruct or order, frequent
monitoring of patient A.L.’s vital signs and/or blood work to assess
bleeding after the CT scan evidenced bleeding around the biopsy site,
12. Respondent did not instruct or order additional treatment or
care for patient A.L. after diagnosing that patient A.L. had developed an
evolving hematorna at the biopsy site. ,
13, Respondent did not document any additional instructions
relating to patient A.L.'s care or treatment.
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14. At approximately 6:00 p.m., after the procedure was
completed, patient A.L. was transported from the radiology department to
his room.
15. At approximately 6:20 p.m., the admitting doctor was called
and gave a telephone order for pain medication. |
16. At approximately 6:35 p.m., patient A.L. was found to be
lethargic and non-responsive, :
17, At approximately 7:15 p.m., patient AL, continued to be
ethargic—— ee ee rn
18. At approximately 8:45 p.m., patient A.L. was diaphonic and his
blood sugar was assessed, |
19. Shortly thereafter, patient A.L. was found unresponsive. Patient
A.L. could not be resuscitated and was pronounced déad. :
20. Section 458.331(1)(t)1, Florida Statutes (2006), 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 (2006), to mean the failure to practice medicine in
accordance with the level of care, skill, and treatment recognized in
general law related to health care licensure. For purposes of Section
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458.331(1)(t)1, Florida Statutes (2006), the Board shall give great weight
to the provisions of Section 766,102, Florida Statutes, 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 al relevant
surrounding circumstances, is recognized as acceptable and appropriate by
reasonably prudent similar health care providers. :
21. Respondent committed medical malpractice by falling to
practice medicine in accordance with the level of care, skill, and treatment
which in ight-of airretevant-surrounding circumstances;is recognized as
acceptable and appropriate by reasonably prudent similar health care
providers in one or more of the following ways:
(a) failing to timely and properly evaluate, monitor, treat and
diagnose patient A.L’s bleeding/hemotoma around the
biopsy site.
(b) failing to instruct and/or order frequent monitoring and
treatment of patient A.L’s vital signs and/or blood work
after the CT scan evidenced bleeding around the biopsy
site.
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22, Based on the foregoing, Respondent has violated Section
458.331(1)(t)1, Florida Statutes (2006), by committing medical malpractice
by failing to practice medicine in accordance 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. :
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.
SIGNED this 22 dayof_/ViAY , 2008.
i
i“
REA: “ENT OF FIEALTH
CLERK Ana M. Viamonte Ros, M.D., M.P.H.
weer eg nee
< State Surgeon General
pate. Ca ZO g |
by
Kevin Neja [. r
Assistant General/Counsel |
DOH Prosecution Services Unit
TAPSU\Medical\Neia\Medical Cases\Wella. 07-1 0505 (taCidor
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4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 0702129
(850) 245-4640
(850) 245-4681 FAX
KGN/sdw
PCP Date: May 30, 2008
PCP Members: El-Bahri, Davies, Long
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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 andprosecution- of a
disciplinary matter, which may include attorney hours and costs,
on the Respondent in addition any other discipline imposed,
JAPSU\Medical\Nela\Medical Cases\Wells, 07-10505 (OVAL dot
Docket for Case No: 09-005004PL
Issue Date |
Proceedings |
Feb. 02, 2010 |
Order Closing File. CASE CLOSED.
|
Feb. 01, 2010 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Jan. 20, 2010 |
Notice of Appearance of Co-Counsel (filed by L. Billmeier, Jr ).
|
Jan. 20, 2010 |
Notice of Substitution of Counsel and Amended Notice of Co-Counsel filed.
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Jan. 20, 2010 |
Respondent's Emergency Motion for Pre-Hearing Conference filed.
|
Jan. 15, 2010 |
Notice of Taking Deposition VIA Telepohne (of D. Lawrence) filed.
|
Jan. 15, 2010 |
Letter to Judge Sartin from D. Alessi regarding discovery issue filed.
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Jan. 12, 2010 |
Petitioner's Amended Response to Respondent's Second Set of Interrogatories filed.
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Jan. 12, 2010 |
Notice of Serving Petitioner's First Amended Answers to Respondent's Second Interrogatories filed.
|
Jan. 12, 2010 |
Petitioner's First Amended Response to Respondent's First Set of Interrogatories filed.
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Jan. 12, 2010 |
Notice of Serving Petitioner's First Amended Answers to Respondent's First Interrogatories filed.
|
Jan. 08, 2010 |
Letter to K. Neja from D. Alessi regarding schedule for videotaped depositions filed.
|
Jan. 08, 2010 |
Letter to K. Neja from D. Alessi regarding Respondent's First Set of Interrogatories and Respondent's Second Set of Interrogatories filed.
|
Jan. 05, 2010 |
Petitioner's Emergency Motion for Pre-Hearing Conference filed.
|
Dec. 30, 2009 |
Order Accepting Respondent's Qualified Representative.
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Dec. 24, 2009 |
Notice of Appearance (of R. Steinberg) filed.
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Dec. 23, 2009 |
Letter to Judge Sartin from D. Alessi enclosing exhibits (exhibits not available for viewing) filed.
|
Dec. 22, 2009 |
Application of Respondent, David Lawrence Charles Wells, M.D. ("Wells") to be Represented by Dennis J. Alessi, Esq. as a Qualified Representative filed.
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Dec. 22, 2009 |
Letter to Judge Sartin from D. Alessi regarding Notice of Motion to Strike Petitioner's Complaint, or in the Alternative, to Compel Answers to Interrogatories & Document Demands filed.
|
Dec. 22, 2009 |
Certification of Counsel filed.
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Dec. 22, 2009 |
(Proposed) Order filed.
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Dec. 22, 2009 |
Respondent's Motion to Strike Petitioner's Complaint, or in the Alternative, to Compel Answers to Interrogatories & Documents Demands filed.
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Dec. 22, 2009 |
Affidavit of Dennis J. Alessi, Esq. in Support of Application of Respondent, David Lawrence Charles Wells, M.D., to be Represented by Dennis J. Alessi, Esw. as a Qualified Representative filed.
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Dec. 22, 2009 |
Letter to Judge Sartin from D. Alessi regarding to file motion to compel filed.
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Dec. 21, 2009 |
Letter to K. Neja from D. Alessi regarding receipt of letter of December 18, 2009 filed.
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Dec. 21, 2009 |
Letter to Judge Sartin from D. Alessi regarding filing of Motion to Be a Qualified Representative filed.
|
Dec. 21, 2009 |
Order Denying Motion to Appear Pro Hac Vice, Denying Respondent`s Cross-Motion and Concerning Representation.
|
Dec. 18, 2009 |
Letter to Judge Sartin from D. Alessi requesting a time and date for conference call and if formal motion should be filed.
|
Dec. 18, 2009 |
Letter to D. Alessi from K. Neja regarding dates for depositions filed.
|
Dec. 17, 2009 |
Notice of Serving Petitioner's Answers to Respondent's First Interrogatories filed.
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Dec. 17, 2009 |
Notice of Serving Petitioner's Answers to Respondent's Second Interrogatories filed.
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Dec. 16, 2009 |
Letter to K. Neja from D. Alessi regarding witnesses available dates for videotaping testimonies filed.
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Dec. 16, 2009 |
Letter to K. Neja from D. Alessi informing of withdrawal of Respondent's Cross-motion to Establish Discovery Procedured and to Compel Discovery from Petitioner filed.
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Dec. 15, 2009 |
Letter to D. Alessi from K. Neja regarding receipt of correspondence dated December 15, 2009 filed.
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Dec. 15, 2009 |
Letter to K. Neja from D. Alessi regarding Cross-motion to Establish Discovery Procedures and to Compel Discovery from Petitioner filed.
|
Dec. 09, 2009 |
Letter to Judge Sartin from D. Alessi regarding opposition to Petitioner's Renewed Motion to Strike Respondent's First Set of Interrogatories and Document Demands, Motion for Qualification, and to Compel Discovery from Petitioner filed.
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Dec. 09, 2009 |
(Proposed) Order filed.
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Dec. 08, 2009 |
Letter to Judge Cohen from D. Alessi enclosing Verified Motion for Admission to Appear Pro Hac Vice filed.
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Dec. 08, 2009 |
Letter to Pro Hac Vice Admissions from D. Alessi enclosing Verified Motion for Admission to Appear Pro Hac Vice filed.
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Dec. 08, 2009 |
Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Judicial Administration 2.510 filed.
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Dec. 02, 2009 |
Renewed Motion to Strike Respondent's First Set of Interrogtories and Document Demands, Motion for Qualification and Motion for Sanctions filed.
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Nov. 24, 2009 |
Amended Notice of Hearing (hearing set for February 3 through 5, 2010; 9:30 a.m.; Miami, FL; amended as to dates and location).
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Nov. 23, 2009 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for February 4, 2010; 9:30 a.m.; Miami and Tallahassee, FL).
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Oct. 30, 2009 |
Letter to Judge Nelson from D. Alessi regarding receipt of Petitioner's Motion for Pre-hearing Conference and Motion to Strike Respondent's First Set of Interrogatories and Documents Demands filed.
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Oct. 29, 2009 |
Motion to Strike Respondent's First Set of Interrogatories and Document Demands and Motion for Qualification filed.
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Oct. 29, 2009 |
Petitioner's Motion for Pre-hearing Conference filed.
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Oct. 27, 2009 |
Letter to Judge Nelson from D. Alessi regarding regarding submission of Answers to Interrogatories and Document Demands filed.
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Oct. 27, 2009 |
Petitioner's Motion to Compel filed.
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Oct. 22, 2009 |
Letter to Judge Nelson from D. Alessi regarding request for continuance filed.
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Oct. 22, 2009 |
Letter to D. Alessi from K. Neja regarding receipt of proposed letter to Judge Nelson filed.
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Oct. 05, 2009 |
Amended Notice of Hearing by Video Teleconference (hearing set for November 23, 2009; 9:30 a.m.; Miami and Tallahassee, FL; amended as to venue and video teleconference).
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Oct. 01, 2009 |
Notice of Appearance of Co-counsel (of D. Kiesling) filed.
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Sep. 30, 2009 |
Petitioner's Motion for Change of Venue filed.
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Sep. 25, 2009 |
Order of Pre-hearing Instructions.
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Sep. 25, 2009 |
Notice of Hearing (hearing set for November 23, 2009; 9:30 a.m.; Tallahassee, FL).
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Sep. 24, 2009 |
Letter to Judge Cohen from D. Alessi regarding retention of counsel filed.
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Sep. 22, 2009 |
Response to Initial Order filed.
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Sep. 17, 2009 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories and First Request for Admissions to Respondent filed.
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Sep. 15, 2009 |
Initial Order.
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Sep. 14, 2009 |
Election of Rights filed.
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Sep. 14, 2009 |
Administrative Complaint filed.
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Sep. 14, 2009 |
Notice of Appearance (filed by K. Neja).
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Sep. 14, 2009 |
Agency referral filed.
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