v. Case No. 2010-001526
Respondent.
Petitioner is the state agency charged with regulating the practice of veterinary medicine pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 474, Florida Statutes.
At al.1 times materia,1 to this complaint, Respondent was licensed to practice veterinary medicine in the State o:I'. Florida, having been issued license number VM 1679.
Respondent's address of record is 23112 Rountree Avenue NE, Punta Gorda, FL 33980.
On December 18, 2009, Missy Wortman (hereinafter,
Wortma.n) took two six month old kittens
("Maggie" and
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"Snickers") for spay surgery at Affordable Animal Care Clinic (hel:'ei.nafter, Cal:'e Clinic), located at 14561 Palm Beach Blvd, Suite #30, Fort Myers, FL 33905.
During the surgery, Respondent was unable to find the
second ovary, instead identifying the left ovary as a "very small uterine horn."
"Maggie" died on December 20, 2009 and a necropsy revealed a tear in the peritoneum and ureter.
There are no notes in the medi.cal records concerning
pre-operative patient status, anesthesia, surgical procedure, patient recovery, or post-operati.ve care from the December 18, 2009, procedul:'e.
Patient evaluations from when "Maggie'" was hospitalir.,ed on December 18 and December 19, 2009, do not have objective documentation concerning patient status.
The invoice provided includes a rabies vaccination that was allegedly provi.ded; the administration is undocume11ted i11 the medical records provJ.ded.
The invoice provided includes an a11tibacterial, Cli11dacure®; the administration is not indicated i11 the medical records provided.
In the medical records provided, the dosage and
freque11cy of admi.n.tstration of the Clindacure® ts not indica.ted.
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Clindacure® is approved for use i.n dogs and is
indicated
for deep seeded
infections, absceeases,
dental
infections, and osteomyel.itis; its administration here is not appropriate.
Respondent failed to identify anatomical structures and the tearing of the ureter during surgery.
In the medical records provided for the follow-up visit on December 18, 2009, the amount of Solu-Delta-Cortef® is not indicated.
In the medical. records provided for the follow-up visit on December 18, 2009, the physical examination notes have no para.meters included except for a notation regarding pale mucous membranes and slow perfusion.
In the medical records provided for the follow-up of December 18, 2009, patient weight is not indicated, which is needed to determine the appropriateness of the Solu-Delta Cortef® and subcutaneous fluids administered.
Respondent's inappropriate.
administration of 5% Dextrose was
Respondent's method of administration (subcutaneous)
of 5% Dextrose was inappropriate.
O:\OGC\Profe:!ls.ion Bodt'd!l\vclcrln.nry mct;li<liri.o\AC\2010\Clcmcnt:., (;.:hti 1,0-001526 (l)(r-ce) 3
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COUNT ONE
Petitioner realleges and incorpor.ates by reference the allegations set forth in paragr.aphs one (1) through eighteen
(18) as though fully set forth herein.
Section 474.214(1) (r.), Florida Statutes (2009), states: "[b]eing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and
treatment which is veterinari.an as being
recognized by acceptable under
a reasonably prudent similar con.di.tJ.ons and
circumstances" is gr.ounds for discipline.
Based upon the facts set forth above, Respondent violated Subsection 474.214 (1)(r) 1 Florida Statutes (2009), in on or more of the following ways:
failed to weigh "Maggie."
chose to adri:lJnister 5% Dextrose.
chose to administer 5% Dextrose subcutaneously.
administered Clindacure® to "Maggie.''
tore "Ma.ggie' s" ureter and peritoneum during surgery and failed to address the tears.
Based upon the foregoing, Respondent violated Subsection 474. 214 (ii (r) 1 Florida Statutes (2009), when he failed to weigh "Maggie," chose to administer 5% Dextrose, chose
to administer 5% Dextrose subcutaneously
administered
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Clindacure® to "Maggie," and tore "Maggie's" ureter and peritoneum during surgery and failed to address the tears.
COUNT TWO
Petitioner realleges and incorporates by reference the allegations set forth in pa,.r.agraphs one (1) through eighteen
(18) as though fully set forth herein.
Section 474.214 (1)(ee), Florida Statutes (2009), states: ''[flailing to keep contemporaneously written medi.cal records as required by rule of the board" is grounds fo.r d scipline.
Based upon the facts set forth above, Respondent violated Subsection 474 .214 (J.) (eel, Florida Statutes (2009), in on or more of the following ways:
a, failed to keep notes i.n the medical records concerning pre operative patient status, anesthesia, surgical procedure, patient recovery, or post-operative care f.rom the December 18, 2009, procedure.
failed to keep objective documenta.tion in the mRdical records provided from patient evaluations from the December 18, and December 19, 2009, hospitalizations. Failed to document a rabies vaccination in the medical records.
failed to i.ndicate the
administration of
Clindacure® in the medical. records.
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failed to indicate the dosage and frequency of Clindacure@ in the medical records.
e, failed to records the amount of Solu-Del.ta. Cortef® in the medical records.
f. failed to include necessary parameters in the physical examination notes taken on December 18, 2009.
Based upon the foregoing, Respondent violated Subsection 474 .214 (11 (ee), Florida Statutes (2009), when he fail.ed to maintain contemporaneous medJ.cal records on the treatment of Maggie," to include dosage amounts, physical parameters, vaccinations, and pre- and post-operate nota.tions and care.
WHEREFORE, Petitioner respectfully requests the Board of Veterinary 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
Respondent on probation, assessment of costs, correcti,re a.cti.on and/or any other relief that the Board deems appropriate.
Assistant General. Counsel Florida Bar No. 0980404 Department of Business and
Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202
is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleadi.ng, Respondent waives the right to request a hearing on the facts alleged.
Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227 (3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipli.ne imposed.
