STATE OF FLORIDA DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
Petitioner,
V.
WILUAM H. JOHNSON, III, M.D.,
Respondent.
CASE NO. 2009-21667
COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, William H. Johnson, III, M.D., and in support thereof alleges:
Petitioner Is the state department charged with regulating the practice of medicine pursuant to Section 20.43 and Chapters 456 and Chapter 458, Florida Statutes.
At all times material to this Complaint, Respondent was a licensed physician within the State of Florida, having been Issued license number ME 36700.
Respondent's address of record is 588 Sterthaus Ave., Ormond
Beach, FL 32174.
Filed July 26, 2011 11:41 AM Division of Administrative Hearings
Respondent . is certified by the American Board of Thoracic Surgery.
On or about October 23, 2007, Respondent performed a right above the knee femoral popliteal artery bypass graft (''graft") on Patient J.G., a seventy-five year (75) old male, at Florida Hospital Ormond Memorial, in Ormond Beach, Florida.
Post-operatively, Patient J.G. developed an infection in the surgical wound of his right thigh, which Respondent treated with Cipro and Keflex.
On or about March 24, 2008, due to continued draining/infection in Patient J.G.'s right thigh, Respondent performed an incision/debridement of the wound, along with removal of the graft.
On or about March 24, 2008, Respondent did not remove the entire graft, as he left a 2cm proximal stump of the graft in Patient J.G.
On or about March 24, 2008, Respondent did not use a covered stent to re-establish blood flow in Patient J.G/s common femoral artery.
COUNT I
Petitioner realleges and incorporates paragraphs one (1) through nine (9) as if fully set forth herein.
Section 458.331{l)(t), Florida Statutes (2007), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2007), defines medical malpractice as the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure..
Level of care, skill, and treatment recognized in general law related to health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes (2007), defines the standard of care to mean " . . . The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. "
Respondent failed to meet the prevailing standard of care in regard to patient J.G. in one or more of the· following ways:
By failing to remove the entire graft from Patient J.G.'s right leg, on or about March 24, 2008; and/or
By failing to utilize a covered stent to re-establish blood
flow to the patient's common femoral artery, on or about March 24, 2008.
Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2007), by committing medical malpractice.
COUNT II
Petitioner realleges and incorporates paragraphs one (1)
· through nine (9) as if fully set forth herein.
Section 456.072(1)(cc), Florida Statutes (2007), provides that leaving a foreign body in a patient, such . as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical,
examination, or other diagnostic procedures is grounds for disci linary
..
action by the Board of Medicine. For the purposes of this paragraph, it shall be legally presumed that retention of a foreign body is not in the best interest of the patient and is not within the standard of care of the profession, regardless of the intent of the professional.
Respondent left a foreign body in a patient by leaving a 2cm stump of the graft in Patient J.G. during the surgery he performed on or about March 24, 2008.
Based on the foregoing, Respondent has violated Section
456.072(1)(cc), Florida Statutes (2007), by leaving a foreign body in a patient.
WHEREFORE, the Petitioner respectfully requests that the Board of 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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.
H. Frank Farmer, J.r., M.D., Ph.D. State Surgeon General
FILED
DEPARTMENT OF HEALTH
zo,,
DEPUTY CLERK
' CLERK-4.ngelSandirs
DATE JUN' 0 1
Shirley L. tes
Assistant eneral Counsel DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265
Florida Bar# 946311
(850) 245-4640
(850) 245-4681 FAX
SLB/cab
PCP: 5/27/11
PCP Members: El-Bahri, Winchester & Mullins
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be conducted In accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and .argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum Issued on his or her behalf if a hearing Is requested.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the Investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.
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