02/18/2011 15:23

Feb 18 2011 15:37

8504145749 DBPR OGA

FILED

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Deputy Ag ney Clerk

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PAGE 03

DEPARTMENT

STATE OF FLORIDA

OF BUSINESS AND PROFESSIONAL BOARD OF VETERINARY MEDICINE

REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2009-041369

MICHAEL ELPE,RT, D.V.M.,

Respondent.

/

ADMINISTRATIVE COMPLAINT

The Department Of Business and Professional Regulation ("Petitioner") files this Administ,ative Complaint before the Boa,d of Veterinary Medicine against Michael Elpert, D.V.M., ("Respondent"), and alleges:

1. 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.

2. At all times material to this complaint, Respondent was licensed to pra.ctice veterinary medicine in the Sta.te of Florida., having been issued license number \TM 4077.

3. Respondent's address of record is 23222 L'Ermitage Circle, Boca Raton, Florida 33433.

   
   

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4. Jacqueline Spugani (hereino,;fter, Spugani) brought her cat, "Blueberry," to Animal Emergency Clinic on June 21, 2009, after noting elimination issues.

5. Respondent treated "Blueberry" and gave tentative diagnoses of mega col.on, lymphoma, a.nd static colon.

6. Respondent

   recommended "sq

   fluids,

   and atemetic,

   
   

   antispasmodic,

   anti-inflammatory,

   and pa.in

   medications."

   
   

   "Blueberry" was released on June 211 2010.

7. In the medical records provided, it states "after being examined by Dr. Elpert owners were given an estimate for diagnostics." The,re is nothing in the medi.cal records

   supporting that a physical ei<amination had been performed by Dr. Elpert at that point in time.

8. "Blu,eberry" was subsequently treated by "D,,. I-las kin" at West Boca Raton Veterinary Center on June 22, 2010, where "Dr. Haskin" expressed concern over the medications, stating that they were contraindicated by what the radiographs indica,ted.

9. "Blueberry" passed a fecal ball in the afternoon on June 22, 2010.

10. Respondent states in his response (received August 27, 2009) tha,t "Blueberry" "on palpat on a completely empty colon and intestinal tract, on auscultation very gaseous." The medical records provided do not support this statement.

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11, Respond.en.t states in his response (received August 27, 2009) that "we passed a fecal rod and found soft stool no fecal masses or fecoliths of any mass, size, or hardness, only a small

amount of soft stool." The medical records provided do not

support this statement.

1. Respondent states i.n his response (received August 27, 2009) that "the CBC showed no infection but the RBC portion showed elevations in the REC, and HCT, indicating hemoconcentra,tion and that the patient would do well i.f rehydrated with fluid therapy." In the medical records provided, it states "hemoconcentration, dehydrated,"

2. There is nothing in the medi.cal records provided to support the conclusion that the patient was dehydrated.

3. There is nothing in the results of the diagnostic tests performed to support the conclusion that the patient was dehydrated.

J, 5. Respondent sta,ted in his response (received August 27, 2009) that "the radiographs they showed an empty gaseous bowel, the a,lleged fecal mass" and Respondent states in the medical records provi.ded, "rads-gaseous, empty bowel, thicken stomach

:mucous."

1. Respondent failed to identify the presence of a fecal mass on the radiograph on June 21 1 2009.

   
   

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2. Respondent's inappropriate.

3. Respondent's inappropriate.

4. Respondent's inappropria.te.

administration

administration

admi.nistration

of Centrine®

of Famotidine

of Reglan®

was

was

was

2 0. Respondent's administration of Dexamethasone SP® wa.s inappropriate.

1. Medical notes were written on June 21, 2009, and June

   
   

   22, 2009.

   
   

2. "Blueberry" was not hospitalized and was seen,

   treated, and discha.rged on June 21, 2009.

   
   

   COUNT ONE

   
   

3. Petitioner realleges and incorporates by reference the allegations set forth in pa.ragraphs one (1) through twenty-two

(22) as though fully set forth herein.

2 4. 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

tre.i.tment which is recognized by

reasonably

prudent

veterinaria.n as being acceptable under similar concU tions and circumstances" is grounds for discipline.

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1. Based upon the facts set forth above, Respondent violated Subsection 474.214 (11(r) 1 Florida Stat1"tes (2009), in on or more of the following ways:

   1. Failed to diagnose "Blueberry's" correctly.

      fecal mass

   2. Failed to properly treat "Blueberry's" fecal mass

      
      

      correctly.

   3. Inappropriately administered Centrine®.

   4. Inappropria.tely administered Famotidine.

      
      

   5. Inappropriately administered Reglan®.

      
      

   6. Inappropriately administered Dexamethasone SP®.

      
      

2. Based upon the foregoing, Respondent violated Subsection 474.21411) (r), Florida Statutes (2009), when he failed to diagnose "Blueberry's" fecal mass correctly, failed to properly treat "Blueberry's" fecal mass correctly and inappropriately administered Centrine®, Famotidine, Reglan® and Dexamethasone SP®.

   COUNT TWO

   
   

3. Petitioner realleges and incorporates by reference the all.ega tions set fo.r.th in paragraphs one (1 I through twenty-two

   (22) as though fully set forth herein.

   
   

4. Section 474.214 (1)(ee), Florida Statutes

   
   

   (2009),

   
   

   states: "( f] ailing to keep conte1:npora.neously written medical

   
   

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   records as required by rule of the board• is grounds for discipline.

5. Based upon the facts set forth above, Respondent violated Subsection 474.214(1) (ee), F.'lorida statutes (2009), .i.n on or more of the following ways:

   1. Failed to keep contemporaneous medical records by writing medical records on the following day after "Blueberry's" release.

   2. Stated that a physical examination was performed but failed to reflect thls examination in the medical records.

6. Based upon the foregoing, Respondent violated Subsection 474,214 (1) (ee), Florida Statutes (2009), when he failed to keep accurate or contemporaneous medica.l records in the trea.tment of "Blueber.ry."

WHEREFORE, Peti.tioner 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, i.ssuance of a reprimand, placement of

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Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate.

Si.gned this 11t h day of August, 2010.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

PCP Found: July 28, 2010

By: P,{iza6etli Pt:etclierCJJuffy

EJ.,IZABET.H FLETCHER DUFFY

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

Phone: (850) 487-8435

Facsimile: (850) 414-6749

PCP Found By: Jones and Lewis EFD/del

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NOTICE OF RIGHTS

Respondent has the right to .r:equest a hearing to be cond1.lcted in accord.a.nee with Sections 120" 569 and 120. 57, Florida Statutes, to be represented by counsel or other qualified representative, to present evi.dence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Flori.de Administrative code, provides in part that j_j' Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

NOTICE REGARDING ASSE.SSME,NT OF COSTS

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 di.scipl.ine iwposed.

Docket for Case No: 11-000911PL