FILED

Depulmeot f1f Bumm and Prories.mmaL Rl:!i !atlon

Deputy Ageno:,i Clerk

CLERK Evette Lawson..Prootor

Dote 41512011

File'//-

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. Case No. 2010-028154

Respondent.

/

ADMINISTRATIVE COMPLAINT

The Department Of Business and Professional Regulation ("Petitioner") files this Administrative Complaint before the

Board of Veterinary Medicine against Ted Oroski, ("Respondent"), and alleges:

D.V.M.,

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 4239.

3. Respondent's address of record is P.O. Box 454, Ocala, FL 34478.

4. Jodi McDermott (hereinafter, McDermott) brought a foal to Respondent in March or April, 2010, with complaints of throat swelling and nasal discharge.

   
   

5. Respondent incorrectly diagnosed allergies and prescribed antibiotics.

6. The foal was subsequently diagnosed correctly with Guttural Pouch Tympany, which is distention of the guttural pouches with air, which can cause respiratory distress.

ermott also brought her mare, Coosa, to Respondent

in May, 2010, for examination.

8. Respondent incorrectly diagnosed Coosa as being pregnant.

9, Coosa was subsequently diagnosed by another veterinarian to be suffering from laminitis, which is a swelling of the interior structure of the hoof, and is also commonly called "founder."

1. McDermott requested medical records for Coosa and the

   
   

   unnamed foal from Subject. provided.

   The medical records were not

   COUNT I

   
   

2. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth herein.

3. Section 474.214(1)(r), Florida Statutes (2009), states: "Being 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.

4. 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:

   aialely diagnose the unnamed foal in

   March or April, 2010.

   
   

   b. Failed to accurately diagnose Coosa with laminitis.

   
   

5. Based on the foregoing, Respondent violated Section 474.214(1)(r), Florida Statutes (2009), when he failed to treat to the standard of care.

   COUNT II

   
   

6. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through ten (10) as though fully set forth herein.

7. Section 474.214(1)(ee), Florida Statutes (2009), states: "Failing to keep contemporaneously written medical records as required by rule of the Board" is grounds for disciplinary action.

8. 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:

   1. Failed to keep medical records for the unnamed foal.

      
      

   2. Failed to keep medical records for Coosa.

      
      

9. Based on the foregoing, Respondent violated Section

474.214 (1) (ee), Florida Statutes (2009), when he failed to keep medical records.

WHEREFORE, Petitioner respectfully requests the Veterinary

r more o e following penal ties: 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 4th day of April, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By: <E{iza6etli Pfetclier Jfenaerson

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: March 23, 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

an 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: 12-000004PL