Nov 30 2010 14:53 Nov 30 2010 15:52 P.O5 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ¥. CASE NO. 2008-07854 DAVID C, BROWN, 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, David C. Brown, M.D., and in support thereof alleges:] i, 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 medical doctor within the state of Florida, having been issued license number ME 11076. JAPSU\MedicaNDIANE\Browm\AC 2008-07854 (1).doo Nov 30 2010 14:53 Novy 30 2010 15:53 P. 06 3. Respondents address of record is 4101” Evans Avenue, Fort Myers, Florida 33901. 4. Respondent is board certified in Ophthalmology. 5. Respondent first examined Patient D.L., a then 74 year-old male, on or about May 18, 2006, and diagnosed cystoid macular edema of both eyes. 6. Macular edema occurring after cataract surgery is called cystoid macular edema (CME). Cystoid macular edema is a condition in which swelling develops in the center of the retina (macula). Following cataract surgery and in other inflammations of the eye, the blood vessels may become irritated in the center part of the vision and become leaky, leaking serum into the retina. 7. Despite Respondent’s diagnosis, his records indicate no appropriate medical therapy or referral for Patient D.L.’s clinical diagnosis of CME, 8. Subsequently, Respondent performed two Lasik surgeries on Patient D.L. left eye in 2007. 9. Respondent saw Patient D.L. on November 16, 2007, and again nates the history of CME of the left eye. Between May 18, 2006, and November 16, 2007, there is no indication in the medical records of any JAPSU\Medical\DIANE\Brown\Ac 2008-07854 (t).doc 2 Nov 30 2010 14:53 Novy 30 2010 15:53 P.O? medical therapy or referral for Patient D.L.’s clinical diagnosis of CME. In the records dated November 16, 2007, there is a note which states “Malkani consult.” 10. Dr Malkani is a retinal specialist in the same practice with Respondent, who first saw Patient D.L. on December 17, 2007, and confirmed the diagnosis of CME of the left eye. 11. It is inappropriate to perform Lasik surgery on a patient’s eye that has CME without first treating the CME. 12.) Section 458.331(1)(t)1, Florida Statutes (2005-2007), subjects a doctor to discipline for committing medical malpractice as defined in section 456.50. Section 456.50, Florida Statutes (2005-2007), 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 heaith care licensure. 13. 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 (2005-2007), 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 TAPSU\Medical\DIANE\Brown\AC 2008-07854 (t).doc 3 Now 30 2010 14:54 Novy 30 2010 15:53 P. 08 circumstances, Is recognized as acceptable and appropriate by reasonably prudent similar health care providers... .” 14. Respondent failed to meet the prevailing standard of care in one or more of the following ways: a. By failing to appropriately diagnose the cystoid macular edema on May 18, 2006; b. By failing to order appropriate medical therapy or referral for Patient D.L’s clinical diagnosis of CME following the May 18, 2006, visit; c. By performing Lasik surgery even though Patient D.L. had CME of the ieft eye; d. ~ By failing to order any appropriate medical therapy or referral for Patient D.L’s clinical diagnosis of CME between the May 18, 2006, visit and the November 17, 2007, visit; e, By failing to order any appropriate medical therapy for Patient D.L’s clinical diagnosis of CME following the November 17, 2007, visit. 15. Based on the foregoing, Respondent violated Section 458.331(1)(t)1, Florida Statutes (2005-2007), by committing medical malpractice. IAPSU\MedicaliDIANE\Brown\AC 2008-07854 (t),doc . 4 Now 30 2010 14:54 Novy 30 2010 15:53 P.09 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 30S day of ae , 2010. Ana M, Viamonte Ros, M.D., M.P.H. State Surgeon General Cocut £ . Diane K. Kiesling Assistant General Counsel DOH-Prosecution Services Unit FILED 4052 Bald Cypress Way-Bin C-65 ce a PUY cee Tallahassee, Florida 32399-3265 CLERK pange! Sowdersy , Florida Bar # 233285 DATE (850) 245-4640 (850) 245-4681 fax DKK PCP: April 30, 2010 PCP Members: El-Bahri, Tucker, Mullins DOH v. David C. Brown, M.D., DOH Case No. 2008-07854 J.APSU\Medical\DIANE\Brown\aC 2008-07854 (1).doc § Now 30 2010 14:54 Nov 30 2010 15:54 P.10 ve ‘nip DOH v. David C. Brown, M.D. DOH Case No, 2008-07854 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 te have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is piaced 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. _ EAPSU\MedicalKDIANE\Brown\AC 2008-07854 (t).doc 6

Docket for Case No: 10-010446PL