STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v.

CASE NO. 2004·!4039 0

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ROGER L. GORDON, M.D.,

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Rl:SPONDENT,

ADMINISTRATIVECOMPLAIN[

COMES NOW, Petitioner, Department of Health, by and t rough Its

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undersigned counsel, and files this Administrative Complaint ijefore the

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Board of Medicine against Respondent, Roger L. Gordon, M.Q' ., and in

support thereof alleges:

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1. Petitioner is the state department charge with regu,ating the

   
   

   practice of medicine pursuant to Section 20.43, Florida Statutes Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes.

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2. At all times material to this Complaint, Responde t was a

   
   

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   icensed physician within the State of Florida, having: been issued license

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   umber ME 82538.

   
   

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3. Respondent's address of record is 3800 Galt Ocean1 Drive, Suite

   310, Fort Lauderdale, Florida 33_308.

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4. Respondent is certified in General Surgery by t e American

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   Board of Surgery and in Plastic Surgery by the American Board of Plastic

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   Surgery.

   
   

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5. At all times material to this complaint, Respondent worked as a

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   plastic surgeon at Florida Center for cosmetic Surgery ("Fdcs'') • in Ft.

   Lauderdale, Florida;

6. On or about April 17, 2003, Patient L.C;, a 29-year pld female,

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   presented to FCCS for an initial consultation wherein a physician! other than

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   Respondent ("Physician A'') evaluated her for rectus dlastasls (s paration of

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   the abdominal muscles at·the middle of the abdomen) and li+ystrophy

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   {selective loss of body fat). !,

   
   

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7. During this April 17, 2003, initial consultation, P yslcian A

   suggested LC have an abdominoplasty (tummy tuck) and a rastopexy

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   (breast lift) with . augmentation mammoplasty. (breast aug entation).

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   Physician A also suggested Patient LC. have suctiOn assisted ! lipectomy (liposuction) of the hips, flanks, lumbar rolls and thighs.

   
   

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8. On or about May 9, 2003, Patient LC. presented to Respondent's office for a preoperative evaluation wherein a physician other

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   than· Respcndent ('Physician B'') evaluated her as having abdominal

   elastosis (a degenerative change in the elastic tissLJe of the a omen) and

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   sagging breasts and had been recommended to ha\/e a mastopexy (breast lift) and abdominoplasty (tummy tuck). Physician B signed atient L.C.'s

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   clinical history and physical examination in preparation for her s rgery.

9. According to P?ttient LC., she passed out twice!, during her

   -preoperative evaluations at FCCS. Patient LC. advised FCCS staff,

   
   

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   including· Respondent, of her history of syncopal episodes (faintipg spells).

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10. At no time ·prior to surgery, did Resp0nde t everl personally examine or obtain a history from Patient LC.

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11. Respondent's medical records document the syncop,1 episodes Patient LC. experienced at FCCS during her preoperative visits.

12. Patient LC.'s procedure was scheduled fat. May 9, 2003.

    Immediately prior to surgery, Respondent changed the operativ, plan due

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    to Patient L.C.'s "weight (221 pounds) and to the len;th of t_he pr' ocedure.''

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    Respondent elected not to proceed with the mastopexy or augrtientation,

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    but to proceed with the abdominoplasty alone.

    
    

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13. Respondent noted in his operative report that atient LC.

    
    

    ''accept[ed] this assessment", in regard to the· change in th operative

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    plan, but no written evidence exists that Patient UC. was inf9' rmed of or

    
    

    accepted the change in operative plan.

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14. On or about May 9, 2003, Respondent performed an abdominoplasty,. removing a 750 g panniculus frem Patient L.C. The

    procedure took 1 hour and 30 minutes, concluding at 5:10 p.m.

15. According to her medical records, Patient LC. tolerated the procedure well, with an estimated blood loss of 400 cc. Patie t LC. was

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    discharged home at approximately 6:20 p.m. having remained !n recovery

    
    

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    for approximately one hour.

    
    

16. Patient LC.'s husband, R.C., noted that Patient LC. looked very pale at the time of her discharge.

17. On or about May 10, 2003, Patient LC. pr ented to

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    Respondent's office for a postoperative evaluation. No complica lons were

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    noted. There is no documentation or other evidence that Respondent, or

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    any other FCCS staff member, took Patient L.C.'s vital signs during this May 10, 2003, postoperative visit.

    
    

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18. On or about May 10, 2003, in the evening, !Patient L.C.

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    sustained a syncopal episode and was transported to the Florida Medical Center ("FMC'1 following a 911 call.

19. On or about May 10, 2003, Patient LC. was adm ed to FMC,

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    where the Respondent did not have privileges. Upon admis ion, Patient

    
    

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    LC. underwent a CT scan, which showed abdominal hemorrhage, and

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    blood tests, which showed severe anemia and clotting problem .

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20. Patient LC. and was treated for hemorrhagic shoe by a team

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    of physicians, including a plastic surgeon, internist, hemat logist, and

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    general surgeon. The treatment team decided to resuscitate !Patient LC.

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    by administering blood products to reverse the. anemia and dotting

    
    

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    problems and stop· the internal bleeding. The plan was t¢> surgically

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    explore the abdomen if the anemia and clotting problems did no resolve.

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21. On or about May 11, 2003, Patient L.C.'s blood teft!, showed

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    that, despite the administration of blood products, her anemia and clotting

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    problems had worsened.

    
    

22. On or about May .11, 2003, the plastic surgeon, Dr. -, and the

    
    

    general surgeon, Dr. L, performed surgery on Patient LC. Th+ surgeons

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      removed approximately 2500 cc of blood, blood products, and !clots. from

      
      

      
      

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      Patient L.C.'s body. Two active arterial perforators were actively bleeding at that time and were satisfactorily coagulated.

23. Patient L.C. recovered uneventfully and was disch rged on or about May 16, 2003.

    COUNT ONE

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24. Petitioner realleges and incorporates• paragraph one (1) through twenty-three (23) as if fully set forth herein.;

25. Section 458.331(1)(t), Florida Statutes· (2003), pr?vides that

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    gross or repeated malpractice or the failure to prac;tice medicin with that level of care, skin, and treatment which is recogl11ized by a reasonably prudent similar physician as being acceptable undet, similar con. ltions and circumstances constitutes grounds for disciplinary action by th Board of

    Medicine.

    
    

26. Respondent failed to practice medicine With that le el of care,

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    skill, and treatment which is recognized by a rea nably prudrnt similar physician as being acceptable under similar conditiclns and circµmstances in one or more of the following ways:

    
    

    
    

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    1. failing to adequately document consjltation with

       
       

       Patient LC. of the change in the operative plan and Patient L C.'s consent

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       to the change;

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    2. failing to personally evaluate Patient tc. prior to

       the date of her surgery; I

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    3. failing to address a course of action I, for Patient

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       L.C.'s history of syncopal episodes and the episodes she su red during

       
       

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       her preoperative evaluation;

    4. failing to monitor Patient LC. for amI

       
       

       adequate

       
       

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       period of time pastoperatively when she had an interoperative load loss of 400 cc;

    5. failing to obtain and/or document Patien L.C.'s vital

    
    

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    signs during her postoperative visit.

    
    

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27. Based · on the foregoing, Respondent has violat Section

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    458.33l{l){t), Florida Statutes (2003), by failing to practice medicine with

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    that level of care, skill, and treatment which is recognized by a reasonably

    
    

    prudent similar physician as being acceptable under similar con itions and circumstances in Respondent's treatment of Patient k,C.

    
    

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    COUNT TWO

    
    

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28. Petitioner realleges and incorporates paragraplis one (1)

    through twenty-three (23) as if fully set forth in this count.

29. Section 458.331(1)(m), Florida Statutes (2003), p 1 o vides that

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failing to keep legible, as defined by de'partment rwle in cons41tation with

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the board, medical records that identify the licensed physi lan or the

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physician extender and supervising physician by name and professional

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title who is or are responsible for rendering, ordering, supervisi g, or billing for each diagnostic or treatment procedure mKl thillt justify th course of treatment. of the patient, including, but not. limited to, patieryt histories; examination results; test results; records of drugs.pr12scribecl, difpensecl, or

administered; and. reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Medicine.

3°0. .Respondent failed to justify the course of treatment of Patient

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LC. in one or more of the following ways: '

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examination;

a. failing to document a complete history apd physical

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b, failing to document a coutsil of action address

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Patient L.C.'s history of .syncopal epi.sodes and the syncopal, episodes

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DOH Case No.

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Patient LC. suffered during the preoperative evaluation or whyI no course

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of action was taken;

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c. . failing to document any vital signs during the

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postoperative evaluation on May 10, 2003.

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31. Based on the foregoing, Respondent: has violat Section

· 458.331(1)(m), Florida Statutes (2003), by failing to keep !egible, s

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defined by department rule in consultation with the board, mediµil records

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that identify the licensed physician or the physician exttnder and

supervising physician by name and professional!• title who I is or are

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.' responsible for rendering, ordering, supervising, or billing / for each

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diagnostic or treatment procedure and that justify the course o treatment

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of the patient, including, but not limited to, patient histories; e amination

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results; test results; records of drugs presct1ibed, disp nsed, or

administered; and reports of consultations and hospitplizations.

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WHEREFORE, the Petitioner respectfully requests that thf! Board of

Medicine enter an order imposing one or more of t:lile following! penalties:

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permanent revocation or suspension of Respondent• license, re riction of

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practice, imposition of an administrative fine, issuance of a teprimand,

· placement of the Respondent on probation, corrective action, refund of

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fees billed or collected, remedial education and/or ainy other relief that the Board deems appropriate. i

SIGNED thisday of 200'1,

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Ana M. Viamonte :Ros, M.D., .P.H.

s retary, Department of He Ith

tricia Nelson·

Assistant General !Counsel . i

FILED

DEPARTMENT OF HEALTH

. DEPUTY CLl;AK

CLERK: f<,.4-.c:Pv-Q

DATE D\~30"'.""0-,

DOH Pro.secution·•· S .·. rvices Un t

4052 Bald Cypres Way, Bin -65

Tallahassee, FL 3Z399-3265 Florida Bar No. 325790 · (850) 245-4640

(850) 245-4680 ffAX

/PN

PCP: January 26, 2007

PCP Members: El-Bahri, Winchester and Long

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NOTICE OF RIGHTS

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Respondent has the right to reque•i a hear:ng to be conducted in accordance with Section 1;0.569 an 120.57, Florida statutes1 to be represented by couns I or othe qualified representative, to present evidence and Bl":$Ufflent, t call and cross-examine witnesses and to have subi:ij,ena and subpoena duces tecum issued on his or her behalf if a hli!arlng is· . uested.

NOTICE REGARDING ASSESSMENT bf COSTS

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Respondent is placed on notice that Pe,1:itioner ha incurred costs related to the investigation and prosec-.,tion oft is matter. Pursuant to section 456.072(4), Florida Statijtes, the arc;I shall assess costs re,ated to the investigation a d prosec tion of a disciplinary matter, which may include attor ey hours nd costs, on the Respondent in addition to any other di ipline im osed.

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Docket for Case No: 11-001140PL