FILED Gepartment of Business and Professional Regulation Deputy Agency Clerk CLERK Evette Lawson-Proctor Date 2/15/2011 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No.2010-030451 ANDREW NEWMAN, D.V.M., Respondent. / ADMINISTRATIVE COMPLAINT The Department Of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Board of Veterinary Medicine against Andrew Newman, 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 practice veterinary medicine in the State of Florida, having been issued license number VM 4382. 3. Respondent's address of record is 164 NW 118 Drive, Coral Springs, Fl 33071. 4, Ira Goldberg (Goldberg) brought his dog, “Remy,” to Respondent on November 11, 2009, for treatment of vomiting. Filed August 17, 2011 9:49 AM Division of Administrative Hearings 5. The medical records submitted for this visit fail indicate whether Respondent performed a physical examination on this visit. 6. Respondent failed to record vital signs for this visit, to include temperature, pulse rate, respiratory rate, mucous membrane color, or capillary refill time. 7. Respondent failed to record what treatments were offered or performed for the November 11, 2009 visit. 8. Respondent provided Centrine tablets, which is a medication used for treating diarrhea, abdominal visceral spasm, vomiting and gastritis in dogs and cats, and gave him an injection of Centrine during the November 11, 2009, visit. 9, Respondent failed to record an indication in the medical records that he evaluated “Remy’s” organ systems for the » November 11, 2009, visit. 10. Goldberg returned to Respondent on November 23, 2009, 11. The medical records submitted for this visit fail indicate whether Respondent performed a physical examination for the November 23, 2009, visit. 12. Respondent failed to record in the medical records any indication that Respondent performed a physical examination for the November 23, 2009, visit. 13. Respondent failed to record vital signs for the November 23, 2009, visit, to include temperature, pulse rate, respiratory rate, mucous membrane color, or capillary refill time. 14. Respondent failed to record in the medical records that he evaluated “Remy’s’” organ systems for the November 23, 2009, visit. 15... Respondent failed to address “Remy’s” ten (10) pound weight loss since his previous visit November 11, 2009. 16. Respondent gave fluids subcutaneously for the November 23, 2009, visit, and failed to provide an explanation for its administration in the medical records. 17. Respondent failed to address “Remy’s” temperature of 103.2 Fahrenheit. 18. Laboratory results from the November 23, 2009, visit indicate that multiple organ system involvement that needed to be addressed. The medical records do not indicate that it was addressed. 19. Goldberg returned “Remy” to Respondent on November 24, 2009. 20. Respondent gave additional subcutaneous fluids, antibiotics, and feline hairball medicine during this visit. 21. Medical records submitted for the November 24, 2009, visit do not support this statement. 22. Respondent submitted a single lateral 14” x 17” lateral radiograph, which identified the radiography as “Remy Goldberg, 11/24/2998 Dr. Newman.” The radiographic and developer technique produced an image that is non-diagnostic. 23. The radiograph submitted had no patient, client, date, or locale information imprinted or written on it. 24. The radiograph has no positional identification imprinted or written on it and therefore cannot be identified as a right lateral or left lateral view for interpretive purposes. 25. Multiple radiographic views of the abdomen are normally required for evaluation; Respondent only submitted one radiograph. 26. Respondent stated to Investigator Norma Fishner that Goldberg did not have money to pay for “the procedure.” The medical records do not support this statement. 27. Goldberg presented “Remy” to Larry Dee, D.V.M.,- on November 25, 2009, where “Remy” subsequently arrested and died. 28. An autopsy was performed, which showed that “Remy” had swallowed a foreign object, which was the proximate cause of death. COUNT I 29. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty-nine (29) as though fully set forth herein. 30. Section 474,.214(1) (r), Florida Statutes (2009), states: “[bleing guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances” is grounds for disciplinary action. 31. Based upon the facts set forth above, Respondent violated Section 474.214(1) (r), Florida Statutes (2009), in one or more of the following ways: a. Failed to address “Remy’s” temperature of 103.2 Fahrenheit on the November 23, 2009, visit. b. Failed to properly interpret laboratory results from the November 23, 2009, visit which indicated multiple system involvement in ‘Remy!’ s” condition. c. Failed to properly address laboratory results from the November 23, 2009, visit which indicated multiple system involvement in “Remy’ s” condition. d. Failed to address “Remy’s” ten (10) pounds of weight loss over the period of twelve (12) days. e. Failed to properly perform diagnostic radiographs on “Remy,” which may have identified the bowel obstruction. 32. Based on the foregoing, Respondent violated Section 474,214(1) (r), Florida Statutes (2009), when he failed to correctly interpret or address laboratory results which indicated multiple system involvement in “Remy’s” condition, failed to properly perform diagnostic radiographs, failed to address “Remy’s” elevated body temperature and failed to address “Remy’s” serious weight loss over the period of twelve (12) days. COUNT II 33. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty-nine (29) as though fully set forth herein. 34, Section 474,214(1) (ee), Florida Statutes (2009), provides that “[flailing to keep contemporaneously written medical records as required by rule of the board” is grounds for discipline. 35. Based upon the facts set forth above, Respondent violated Section 474.214(1) (ee), Florida Statutes (2009), in one or more of the following ways: a. Failed to record the results of a _ physical examination from the November 11, 2009, visit in the medical records. b. Failed to record vital signs for the November 11, 2009, visit in the medical records. c. Failed to record treatments offered or performed in the November 11, 2009, visit in the medical records. d. Failed to indicate in the medical records whether he evaluated “Remy’s” organ systems in the November 11, 2009, visit in the medical records. e. Failed to record the results of a physical examination from the November 23, 2009, visit in the medical records. f. Failed to record vital signs for the November 23, 2009, visit in the medical records. g. Failed to record an identification of the 700 mls of fluid administered on the November 23, 2009, visit in the medical records. h. Failed to record a reason for the administration of the 700 mls of fluid on the November 23, 2009, visit in the medical records. i. Failed to record in the medical records for the November 24, 2009, visit the administration of additional subcutaneous fluids, antibiotics, and feline hairball medicine j. Failed to provide patient, client, date, or local information for the radiograph taken. k. Failed to provide positional identification for the radiograph taken. 36, Based on the foregoing, Respondent violated Section 474.214(1) (ee), Florida Statutes (2009), when he failed to properly maintain contemporaneous, complete, or accurate medical records for the November 11, 23, or 24, 2009, examinations of “Remy.” WHEREFORE, Petitioner respectfully requests the Veterinary Medicine Board enter an order imposing one or more of the following penalties: suspension or permanent revocation or of Respondent’s license, restriction of Respondent's practice, imposition of an administrative fine not to exceed $5,000 for each count or separate offense, issuance of a reprimand, placement of Respondent on probation subject to specified conditions, corrective action, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time or any other relief that the Florida Board of Veterinary Medicine is authorized to impose pursuant to Chapters 455 and 474, Florida Statutes, and the rules promulgated thereunder. Signed this 15‘ day of February, 2011. CHARLIE LIEM, Secretary Department of Business and Professional Regulation By: Elizabeth Fletcher Henderson ELIZABETH FLETCHER HENDERSON 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 PC Found: January 26, 2011 PC Found By: K. Jones and C. Lewis EFH/del NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 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 subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if 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 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 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 discipline imposed.

Docket for Case No: 11-004165PL