Oc 12 2009 9:40 Oct 12 2009 9:35 P.03 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2007-26035 ROBERT LATTA, M.D., RESPONDENT. / | | ADMINISTRATIVE COMPLAINT | Petitioner, the Department of Health, by ahd through its undersigned counsel, files this Administrative Complaint before. the Board of Medicine against the Respondent, Robert Latta, M.D., andjin support thereof states: 1. Petitioner is the state department ch practice of medicine pursuant to Section: 20.43 456, Florida Statutes; and Chapter 458, Florida i arged with regulating the Florida Statutes; Chapter atutes, 2.. At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been issued license number ME 81949, 3, The Respondent’s address of record Street, Tampa, Florida 33609. J/PSU/Medical/Edrene/Cases/Latta/AC is 4015 West De Leon Oct 12 2009 9:40 Oct 12 2009 9:35 P. O04 4, On or about July 17, 2007, patient 1D, a sixty-six (66) year-old male, was admitted to Florida Hospital Heartland Medical Center (Heartland) with malignant neoplasm of the prostate (prostate cancer). 5. J.D. underwent a radical retropubic prostatectomy (surgical procedure to remove the prostate gland through|the abdomen). 6. At the close of surgery, the circulating nurse indicated the sponge count was. off by one (1) raytec sponge. Raytec sponges are interwoven with radiopaque markers, which aré used for visual guidance when using radiation. | 7. The surgeon explored the abdomen with his finger to locate the missing sponge. He was unable to locate the sponge. The surgeon then ordered an x-ray to confirm the absence of a foreign body in the abdomen. 8. Respondent was the radiologist who interpreted the x-ray. The reason for the exam was listed as “inspecting for raytec sponge.” Respondent’s report made no mention of a retained sponge. 9, The surgeon requested to personally view the’ radiographic films and discovered the raytec sponge. 10. Patient J.D/s incision was reopened, while still under | ariesthesia, and the surgeon removed thé sponge. J/PSU/Medical/ Edrene/Cases/Latta/AC Oct 12 2009 9:40 Oct 12 2009 9:35 P.O5 11, Section 458.331(1)(t)1, Florida Stetutes (2007), subjects a doctor to discipline for committing medical malpractice as defined in section 456.50. Section 456.50, Florida Statutes (2007), 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. - 12. 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(1),-Florida Statutes..(2007), that 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... .” : 13. Respondent failed to meet the prevailing standard of care in regard to Patient J.D by failing to identify a retained surgical raytec sponge when the x-ray examination ‘request clearly marked the reason for the . @Xam was to inspect for a raytec sponge. J/PSU/Madical/Edrene/Cases/Latta/AC 3 Oct 12 2009 9:40 Oct 12 2009 9:35 P. O06 -14. Based on ‘the foregoing, Resbondent violated. Section 458.331(1)(t)1, Florida Statutes (2007), by committing medical maipractice as defined in Section 456.50. WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or mord of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance ii , a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or appropriate. | SIGNED this Z i ? day of Sbarbod 2008, Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General | la | rane no _— Assistant General Counsel collected, remedial education and/or any other felief that the Board deems fox DOH Prosecution Services Unit ORPARTMENT OF HEALTH 4052 Bald Cypress Way, Bin C-65 TLRAK: Chany Tallahassee, Fl. 32399-3265 DATE 2 F-08 Florida Bar No.: 0010441 : (850)245-4640 (850) 245-4681 Facsimile PCP: PCP Members: oF 20 oe af Heyy SSpinolg J/PSU/Medical/Edrene/Cases/Latta/AC 4 Oc Oct 1 12 2009 9:40 2 2009 9:36 P.O? DOH v, Robert Latta, M.D., DOH case #2007-26035 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, be and cross-examine witnesses and to have subpoena and duces tecum issued on his or her behalf if a ubpoena 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 att on the Respondent in addition to any other i/PSU/Madical/Edrene/Cases/Latta/AC rney hours and costs, iscipline imposed.

Docket for Case No: 09-005537PL