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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

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v. CASE NO.: 2()10-01741

MYLES RUBIN SAMOTIN, M.D.,

RESPONDENT,

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ADMINISTRATIVE COMPLAINT

COMES NOW, Petitioner, Department of Hea'lth, by and

t hrough its

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undersigned counsel, and files this Administrative Complaint Ibefore the

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Board of Medicine against the Respondent, Myles RU.bin Samotiri, M.D., and

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in support thereof alleges:

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l. Petitioner is the state agency chargel!f with reg lating the

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

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1. At all times material to this Complaint, Respondent was a

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   licensed physician within the State of Florida, having been issyed license number ME 72517.

   
   

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2. Respondent's address of record is 870 111th Avenue North

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   Suite 4, Naples, Florida, 34108.

   
   

3. On or about April 4, 2007, Patient M.O., then a thiriv·nine (39)

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   year-old male, presented to Respondent to undergo ian arthroscppy surgery

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   of a medial meniscal tear in his left knee. IOurlng the ! procedure,

   Respondent utilized an Arthro-Care surgical wand to debride a't shave the

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   cartilage and tissue within the knee.

   
   

4. Subsequent to the procedure, Patient M.O. underwent a

   postoperative x-ray, which revealed a small metal ftagment within Patient M.O.'s left knee that was approximately the size of tihe tip of a iarge spinal

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   needle. The operative report indicates that the forei n body wa the metal tip of a 90-degree Arthro-Care wand, which is the instrument Respondent used in the arthroscopy surgery performed on or aLl:,ut April 4,:I 2007. The

   operative report also indicates that the tip of an Arthro•Care! wand had

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   detached during a previous surgery of a different patient, but

   was able to remove that foreign body successfully.

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   ' spondent

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5. On or about April 16, 2007, Patient M.O. pr sented to

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   Respondent to undergo a procedure to locate and, remove the f1reign body. During the procedure, the object shifted from its original lqcation and

   
   

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   J:IPSUIMedical\Gavin\Cases\Samotin, Myles Rubin M.D. 10-0174 l_(cc)\Samotin AC rey\scd.doc

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   became lodged in an e:xtraarticular space behind the left kneel Ultimately,

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   Respondent was unable to remove the foreign body.

6. Section 456.072(1)(cc), Florida Statutes (2006),: allows the

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Board of Medicine to impose disciplh1e against a: licensee fQr leaving a

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foreign body in a patient, such as a sponge, clamp, forceps, surgical

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needle, or other paraphernalia commonly used in surgical, ex mination or

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other diagnostic procedures. For the purposes of this paragrap , it shall be

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legally presumed that retention of a foreign body is:not in the ijest interest

of the patient and is not within the standard of care of the! profession, regardless of the intent of the professional.

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s. Respondent left a foreign body in a patient by leaving the metal

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tip of a 90wdegree Arthro-C1;1re wand in Patient M.O.• during an rthroscopy surgery on or about April 4, 2007, and during a procedure to temove the

foreign body on or about April 16, 2007.

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9. Based on the foregoing, Respondent has violat d Section 456.072(1)(cc), Florida Statutes (2006), by leaving a foreign! body in a patient.

WHEREFORE, the Petitioner respectfully requ sts that th Board of

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Medicine enter an order imposing one or more of tl!le following'1 penalties:

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permanent revocation or suspension of Responderit's license, striction of

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practice, imposition of an administrative fine, issuance of al reprimand,

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placement of the Respondent on probation, correictive actior'j, refund of

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fees billed or collected, remedial education and/or any other relief that the

Board deems appropriate.

SIGNED this \uJ/1,. day of ....N....l......

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    cN=elNl---'X>:\""-'- ..    2(,110.

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Ana M. Viamonte1Ros, M.D., .P.H. tate Surgeon G neral ·

tiLt:D

OEPAFITMENT OF HEAL!•'

PUiY 9LER CLERK: 1,#"-?;;: ...

'OATe_=-nµs}.Lo

gdb

PCP Date: November 12, 2010

Gavin D. Burg s . 1

Assistant General 1 Counsel 1

DOH Prosecution Services Un& 4052 Bald Cypress Way, Bin •65 Tallahassee, Flori a, 32399·3 65 Florida Bar# 013S11 1

(850) 245·4640 '

(850) 245·4681 FAX

PCP Members: Leon, Bearison, Goersch

DOH vs. Myles Rubin Samotin, M.D. Case \No.: 2010101741

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DOH vs. Myles Rubin Samotin, M.D. Case No.: 2010t01741

NOTICE OF RIGHTS

Respondent has the right to reque.. a heari g to be conducted in accordance with Section 12p.s&9 an 12 .57, Florida Statutes, to be represented by counsiel or othe qualified representative, to present evidence and argument, call and cross-examine witnesses and to have subpcl,ena and ubpoena duces tecum issued on his or her behalf if a h9iirlng is recjluested.

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NOTICE REGARDING ASSESSMENT (>F COSTS 1

Respondent is placed on notice that Petltioner ha incurred costs related to the Investigation and prosecijtion of th s matter, Pursuant to Section 456.072(4), Florida Stat_., the B ard shall assess costs related to the investigation and prosecu ion of a disciplinary matter, which· may Include attorn y hours nd costs, on the Respondent in addition any other disci,-ine impos • .

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Docket for Case No: 11-001141PL