STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO.: 2007-28598 MARK A. HORTON, M.D., RESPONDENT. / a re 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, Mark A. Horton, 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, | . i} 2. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued i license number ME 59978, J APSU\MedicalRobert Milne\Cases\Horton 2407-28598\Horton AC (Draft), doc ] pO'd «ss BEGL «BOOZE 340 2e:cT 6002 2 190 3. Respondertt's address of record is 820 Prudential Drive, Suite 713, Jacksonville, Florida 32207. 4. On or about May 27, 2007, Patient C.W, a then four (4) month old female, Jacksonville, Florida at three. | presented to Baptist Medical Center in 8:51 p.m., with a complaint of vomiting times 5. Patient C.W. had a history of surgery for malrotation of bowel with volvulus and repair at three days of age. 6, Malrotation of bowel with volvulus is an abnormal arrangement or twisting of the intestine inside the abdomen, which is also known as volvulus that may result in loss of blood flow to the { intestine. This abnormal arrangement or twisting of the intestine can | also cause blockages of the intestines by causing a kinking of the intestine without loss off blood flow, 7. On or about} May 27, 2007, Respondent evaluated Patient C.W. and ordered. blbod tests, x-rays of the abdomen, and intravenous fluids. 8. Respondent interpreted the x-rays himself, and did not discuss the x-rays with the radiologist, IAPSU\Medieal\Robert Milne\Cases\Horton 2007-28598\Horion AC (Draft).doe 2 Gd’d ss BBEGL BOOZ ¢ 420 Be:O7T 6O0e 24 20 9, Respondent 10. Respondent diagnosed Patient C.W. with gastroenteritis, did not consult with a surgeon to evaluate Patient cM, an infant with a history of malrotation of the bowel. 11. After a period of observation and a trial of Pedialyte | (specially formulated beverage to quickly replace lost fluids and electrolytes), Respondent discharged Patient C.W,, on or about May 28, 2007, at approximat with her primary care ely 1:15 a.m., giving instructions to follow up physician and/or return to the Emergency Department if Patient C\W’s condition worsened, 12. On or about 13. Section 458 May 28, 2007, Patient C.W. expired. (331(1)(t), Florida Statutes (2006), sets forth grounds for disciplinary action by the Board of Medicine for committing medical malpractice as defined in Section 456.50, Florida Statutes (2006). Sectibn 456.50, Florida Statutes (2006), defines medical 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, | JAPSU\Medical\Robert Mitne\Cases\Horton 2007-28598\Horton AC (Drati).dea 3 90d BE*S_ 6008 é 420 Be:O7T 6O0e 24 20 | i 14, Respondent failed to practice medicine with that level of skill, care and treatment which is recognized by a reasonably prudent health care physician in one or more of the following ways: | a. By failing to consult with a radiologist to interpret the x- rays taken of Patient C.W.s abdomen; and/or b, By failing to recognize that the bilious vomit produced by patient. C.W. was indicative of a possible bowel obstruction |requiring further evaluation; and/or _¢. By failing to consult with a surgeon to evaluate Patient C.Ws abdomen in light of Patient C.W’s history of malrotation of the bowel. 15, Based on the foregoing, Respondent has violated section 458, 331(1)(t), Florida Statutes (2006), by failing to practice medicine with that level of care, |skill and treatment which is recognized by a reasonably prudent. similar physician as being acceptable 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 JAPSU\Medical\Robert Milne\Cases\Horton 2097-28598\Horton AC (Dra) doc 4 é0‘d Be*G_ 6008 é +90 Be:9T 600¢ 4 450 { i 4 iy a. license, restriction of |practice, imposition of an administrative fine, issuance of @ 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. Signed this | | ssistant General Counsel al. DOH Prosecution Services Unit ie B 4052 Bald Cypress Way, Bin C-65 TEPAS Tig AT OR Fiza ee, Tallahassee, FL 32399-3265 CLERK: Garson GENE Florida Bar #622338 bare US REL (850) 245-4640 rT (850) 245-4681 Fax - PCP: (how 17, 2007 PCP Members: Gaika Seok 4 APSU\Medical\Robert Milne\Cases\Horton 2007-28598\Horton AC (Draft).doc 80 ‘d pest 6008 £ 490 Bo:9OT 600¢ 4 450

Docket for Case No: 09-005488PL