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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PETITIONER,

v. CASE NO. 2008-08936

ABBAS SHARIAT, M.D.,

RESPONDENT.

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ADMINISTRATIVE COMPLAINT

Petitioner, Department of Health, by and through undersigned

counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Abbas Shariat, M.D., and in support thereof alleges:

1. Petitioner is the state department charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes.

2. At all times material to this Complaint, Respondent was a licensed medical doctor within the state of Florida, having been issued license number ME 41360.

3. . Respondent's address of record is 1361 13th Avenue South,

   
   

   Suite 140, Jacksonville Beach, Florida 32250.

   
   

4. Respondent is board certified in general surgery.

   
   

   Filed March 30, 2012 1:58 PM Division of Administrative Hearings

5. Patient M.Y. (MY), a then-69 year-old female, was admitted through the emergency room to Baptist Medical Center-Beaches on July 16, 2007, with an admitting diagnosis of obstructive jaundice, cholecystitis with cholelithiasis and choledocholithiasis, diabetes mellitus type 2, hypertension and psoriasis. Respondent was the attending physician.

6. At the time· of admission, MY denied any abdominal pain. She

   
   

   also did not report abdominal pain to any of the consulting physicians.

   
   

7. A pre-operative CT scan and an endoscopic retrograde cholangiopancreatography (ERCP) were performed. An ERCP is a

   procedure in which a dye is injected into the bile and pancreatic ducts

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   using a flexible, video endoscope. Then x-rays are taken to outline the bile

   
   

   ducts and pancreas.

   
   

8. The CT scan and ERCP indicated a mass in the proximal common hepatic duct, which would be consistent with a

   · cholangiocarcinoma causing obstruction. In addition, there was a small stone seen in the distal common bile duct, which was removed by the ERCP along with a sphincterotomy. An intraductal drain was placed beyond the area of potential obstruction such that MY had a source of internal drainage.

   · 9. Definitive diagnosis could have been made by follow-up CT scan-guided biopsies. There was no need for urgent cholecystectomy.

   1. At the time Respondent was performing the laparoscopic

      
      

      cholecystectomy, h observed multiple small plaques or nodules on the

      .I

      surface of the liver. He elected not to biopsy those to determine if they represented metastatic disea . r i-fad he done so, he could had closed and completed the surgery without performing the unnecessary cholecystectomy.

   2. Patient MY suffered an apparent intra-operative injury which

      
      

      Respondent did not recognize. When MY became hypotensive, Respondent

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      should have immediately shifted to an open procedure to aetermine the

      
      

      source of the bleeding and corrected it. Failing to do so made all the other measures taken post-operatively to resuscitate MY and perform an_ arteriogram heroic, but doomed.

   3. Respon ent practiced below the standard of care when he went forward with an unwarranted "urgent" cholecystectomy when it was unnecessary.

   4. Section 458.331(1)(t)1, 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.

   5. 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 " . . . Toe 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 ac::ceptable and appropriate by reasonably prudent similar health c.are providers. "

   6. Respondent failed to meet the prevailing standard of care in one or more of the following ways:

      1. By performing an unwarranted "urgent" cholecystectomy when it was unnecessary;

      2. By failing to convert to an open procedure to determine the

         
         

         source of the bleeding and correct it;

         
         

      3. By failing to biopsy liver plaques or nodules and then terminate the procedure once he had begun performing it.

   7. Based on the foregoing, Respondent has violated Section 458.331(1)(t)l, Florida Statutes (2007), by committing medical malpractice.

WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or mar 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 Respondent on probation, corrective action, refund of fees billed or collected, remedial education arid/or any other relief that the

Board deems appropriate.

. -- - . -- -- .... ....-e--. ,...........

SIGNED thisZZ" day of .f:)a. 1 2011.

H. Frank Farmer, Jr., M.D., Ph.D., F.A.C.P.

State Surgeon General

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FILED

DEPARTMENT OF HEALTH DEPUTY CLERK

CLERK Angel Sanders

DATE DEC 2 7 2011

DOH P ......._. . -=:-rr.r=--,-.....-r:::: it 4052 Ba -65

Tallahassee, FL 32399-3265

Florida Bar #233285

(850) 245-4640, Ext. 8137

(850) 245-4681 FAX

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PCP: December 22, 2011

PCP Members: Mullins & Stringer

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.

Docket for Case No: 12-001175PL