STATE OF FLORIDA DEPARTMENT OF HEALTHi

DEPARTMENT OF HEALTH, PETITIONER,

,,

v.

KELVIN WESLEY GORRELL, M.D., RESPONDENT,

' I

CASE NO,. 005•5593

'

ADMINISTRADYE CQM,PLAl I

COMES NOW, Petitioner, Department of Health, by and ¢hrough its

;

undersigned counsel, and files this Administrative· Complaint !:>efore the

' I

Florida Board of Medicine against Respondent, Kelviril Wesley Gorrell, M.D., and in suppcrt thereof alleges:

1. Petitioner Is the state department charg with reg$1ating the

   ' I

   practice of medicine In the State of Florida pursu1:1nt to Sect'lon 20A3, Florida Statutes, Chapter 456, Florida Statutes, anq Chapter 458, Florida Statutes.

2. At all times material to this Complain4, Respondeht was a

   I

   
   

   licensed medical doctor by the State of Florida, having been lssuf3(1 license number ME 78192 on April 2, 1999.

   
   

   J:\PSUIMedical\Robert Milne\Cases\GORRELL 2005•55930\Gorrelt AC Final.doc I

   
   

3. At all times material hereto Respondent's address of record was

   6103 Saint Remy Way, Lutz, Florida 33558-2880.

   
   

   i

4. At all times material hereto Respondent iwas Board tertified in

   Anesthesiology by the American Board of Anesthesiology.

5. Patient MAB (59-year old female) presented he lf to the

   i

   Respondent on or about January 11, 2005, with lower back\ pain and

   radiculopathy down her lower left extremity.

   '

6. The medical records do not show that Resp0ndent rEkorded an adequate or appropriate history for the Patient.

7. The medical records do not show that Respondent made an adequate or appropriate, evaluation of the patient.

8. The medical records do not show that! Respondeni made an

   adequate or appropriate, diagnosis of the Patient.

   I

   I

9. MAB's medical records, such as they are, appear to ibe for the

   
   

   most part entries made by the Respondent in a generic non patient specific preprinted format that do not accurately or compleb!ly documen or justify the course of MAB's treatment.

10. On February 17, 2005, Respondent performed a L5/S1 right laminotomy with foraminotomy and diskectomy on MAB.

    
    

    J:\PSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\Gomll AC Final.doc 2

    
    

11. Insufficient time was allowed MAB after the surgical

    procedures for any therapeutic effect of the surgery to b properly assessed and evaluated to justify Respondent's next medical: treatment

    . i

    four days later.

12. On February 21, 2005, Respondent performed a ri ht lumbar epidural steroid injection of LS/S1.

13. On March 18, 2005, Respondent performed a !LS/S1 left lamlnotomy with foraminotomy and diskectomy.

14. Insufficient time was allowed MAB after these surgical procedures to allow for any therapeutic effect of the,surgery to ije properly

    assessed and evaluated justifying Respondent's n xt medical '1 treatment

    '

    four days later.

    ' I

15. On March 22, 2005, Respondent performed a lumb$r epidural

I

steroid injection (LESI) of L3/L4.

'

16, The results of all Respondent's above mention surgical

I

procedures and the two LESI procedures ate inadequ tely and inappropriately documented anci do not justify the course of itreatment used in MAB's care.

J:\FSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\Gorrel! AC Final.doc 3

1. According to the documentation and records, the procedures

   I

   Respondent performed on MAB were not justifietl and were medically

   i

   unnecessary.

   
   

   COUNT I

   
   

2. Petitioner re-alleges paragraphs 1 through 17 abov as if fully

   set forth herein.

   i '

3. Section 458.331{1)(m), Florida Statutl;ts (2004), fubjects a

   '1

   medical doctor to discipline for failing to keep legible, as dlefined by

   , ' I

   I

   department rule in consultation with the board,: medic:al rej:ords that

   I

   identify the licensed physician or the physician e$nder and upervising

   physician by name and professional title who is responsible for 11 r endering,

   , I ,

   
   

   I

   ordering, supervising, or billing for each diagnostic cir treatmentlprocedure

   : i

   and that justify the course of treatment of the patient, includirtJ, but not

   I I

   limited to, patient histories; examination results; t¢St results; records of

   
   

   I

   I

   drugs prescribed, dispensed, or administered; and r,ports of co sultatlons

   i

   '

   and hospitalizations.

   
   

4. Respondent violated Section 458.331(1)(m), in one qr more of

   
   

   i

   the following ways by:

   
   

   J:\FSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\Gorrell AC Final.doc 4

   '

   
   

   1. Failing to record an adequate or apprbpriate hist ry for the

      ;

      I

      '

      Patient;

      
      

      !

   2. Failing to record an adequate or appropriate, evaluation of the

   
   

   '

   patient;

   i

   I

   c)

   Patient;

   Failing to record an adequate or appro riate, diagrlosis of the

   !

   
   

   '

   '

   1. Failing to record an adequate or appropriate treatment plan for

      '

      the patient;

      
      

      ;

   2. Failing to keep accurate and complete medical recotds that do

   . !

   not justify the course of treatment used in MAB's care.

   i

5. Based on the foregoing Respondent has violate' d Section

   458.331(1)(m), Florida Statutes (2004), by failing! to properly! keep and maintain records for Patient MAB that justify her course of treat111ent.

   ',

   '

   COUNT II

   
   

6. Petitioner re-alleges par,agraphs 1 through 17 above! as if fully

   '; '

   set forth herein.

   i

7. Section 458.331(1)(t), Florida statu (2004), u'

   I

   bjects a

   medical doctor to discipline for failure to practice me icine withinl that level

   !

   I

   of care, skill, and treatment which is recognized by• a reasonably prudent

   J:\PSU\Medical\Rohert Milne\Cases\OORRELL 2005-55930\Oorrej\ AC Final.doc 5

   
   

   '

   similar physician as being acceptable under similar conditions and

   
   

   circumstances. · L.

8. Respondent failed to meet the required 1 $tandard of . re in the care and treatment of Patient MAB in one or more o the following ways:

'

1. Respondent failed to adequately or appropriately assess MAB's

   !

   complaints and symptoms;

2. Respondent failed to adequately or ppropriatelyi diagnose

   MAB'S condition;

   I

   ' '

3. Respandent failed to determine an ad uate or pproprtate

   '

   plan of treatment for MAB;

4. Respondent failed to follow an adequateior appropriate plan of

   i I '

   
   

   treatment for MAB;

5. Respondent prematurely performed a ',right lumbar epidural

i

'

steroid injection of LS/51 On February 21, 2005, bet¢>re sufficient time had

!

elapsed for any therapeutic effect of the surgery rformed o February

'

'

17, 2005, to be properly assessed and evaluated iip have jus fled such

treatment;

J:\FSU\Mcdical\Robert Milne\Cascs\GORRELL 2005-55930\Gorrelli AC Final.doc 6

similar physician as being acceptable under similar condl ions and

'

circumstances.

I

'

I

. . ,· I

1. . Respondent failed to meet the required :$tandard of ¢are in the care and treatment of Patient MAB in one or more of!the following ways:

   1. Respondent failed to adequately or apptbpriately a s MAB's

      '' :

      complaints and symptoms;

   2. RespOndent failed to adequately or appropriately diagnose

      MAB'S condition;

   3. Respondent failed to determine an adequate or appropriiate plan of treatment for MAB;

      I

   4. Respondent failed to follow an adequate lor approprl te plan of

      
      

      '

      treatment for MAB;

      
      

   5. Respondent prematurely performed a' right lumbat epidural

      . ' .

      '

      steroid Injection of L5/S1 On February 21, 2005, l)efOre sufficien time had

      . '

      elapsed for any therapeutic effect of the surgery rformed onl February

      • I

        
        

        I I

        17, 2005, to be properly assessed and evaluated have Just,fied such

        treatment;

        
        

        J:\PSU\Mcdical\Robert Milne\Cases\GORRELL 2005-55930\Gorrell C Final.doc 6

        
        

        
        

        
        

   6. Respondent performed a medically :unnecessarv and or

      I

      '

      medically unjustified right lumbar epidural steroid: injection ofi LS/S1 on February 21, 2005;

   7. Respondent prematurely performed a mjdline lumbar epidural

      ' i

      steroid injection of L3/51 on March 22, 2005, befcl>re sufficient time had elapsed for any therapeutic effect of the surgery rformed on March·18, 2005, to be properly assessed and evaluated to have justified such treatment;

   8. Respondent performed a medically unnecessar,r and or

      '

      medically unjustified midline lumbar epidural steroitj injection o'( L3/51On

      ' '

      '

      March 22, 2005;

      I

   9. RespOndent failed to determine a plan! of treatm nt for the

   '

   i

   Patient related to her complaints and symptom$ that was! medically

   I

   
   

   necessary and/or was justified as a course of treatnient;

   · j) Respondent failed to allow sufficient , ime betwe n surgical

   i

   procedures and treatment to allow each procedure time to Pfvide the

   '

   designed therapeutic effect before commencing the :mext treatmeht;

   k) Respondent failed to allow sufficient lime betwe$n surgical

   '

   procedures and treatment to see whether the desiretl therapeutit objective

   I

   i

   
   

   J:\PSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\0orrell AC final.doc 7

   l I ·

   had been achieved before prematurely commencirig the next reatment, resulting in an excessive number of procedures and tteatments;

2. Respondent has violated Section 458.331[1)(t), Flori . Statutes

·, I C '

I

(2004), by falling to practice medicine with that IEl\lel of care, skill, and

treatment which is recognized by a reasonably prudent similar p ysician as being accept.able under similar conditions and circurm!;tances.

WHEREFORE, Petitioner respectfully request$ that the , 1 Board· of

Pf

'. I

. I

Medicine enter an Order imposing one or more of the following nalties:

Permanent revocation or suspension of Respondtnt's meclidl license,

I !

. i

. ; ' I

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

I

reprimand, placement of Respondent on probat n, correctite action,

I I I

refund of fees billed or collected, remedial educaijon an.d/ot ny ottier

relief that the Board deems appropriate. !

J;\PSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\Gorrell AC Final.doc 8

0., .P.H.

PJll'IIW

I'

.

A. Ml

SIGNED this L day of _,_._..!....-;, ""11-r---+1 2011.

sistant General lcounsel

OOH, Prosecutio i,Services Unit ·. 4052 Bald Cypres$ Way, Bin d-65 Tallahassee, FL li399 3265 :

Ra Bar No,621.3j. · :

Ph - 305/245- . .

: @a,,..J /0 1 {)1>l'0

d-.£lYI'u.,,

Fax - 305/245

.. 1

J:IPSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\GorreJl AC Final.doc 9

NOTICE OF RIGHTS

ResPondent has the right to reque· a heari g, to , be conducted in accordance with Section 1 .• 569 an 120,i57, Florida Statutes, to be represented by coun . I or other1qualified representativet to present evidence and •· gument, cross-

examine witnesses, and to have subpoena ·' d sub na' du s

tecum issued on his or her behalf if a hearing . requ •

NOTICE REGARDING ASSESSMENT i()f·coSTS

, I

' !

Respgndent is placed on notice that Pet!,'tioner ha incurred costs related to the Investigation and prosecu· on of this atter.

Pursuant to S«tiun 456.072(4), Florida Stat • es, the ard s all assess costs related to the investigation ai•· prosecu on of a disciplinary matter, which may include attorl!I.·• y hours .nd: costs, on Respondent In addition to any other discipft e imposed.

' I

I

I

J:\pSU\Medical\Robert Milne\Cases\GORRELL 2005-55930\Gorrell AC Final.doc I0

Docket for Case No: 11-001745PL