STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 2008-14690 JOHN E. NEES, M.D., RESPONDENT. _ / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, the Florida Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against the Respondent, John E. Nees, M.D. In support thereof Petitioner alleges as follows: 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, the Respondent was a licensed physician within the state of Florida, having been issued license number ME 36792. 3. Respondent’s address of record is 2901 Clint Moore Road, Suite 409, Boca Raton, Florida 33496. J:\PSU\Medical\Medical cases assigned to Allied Section\Nees, John E 2008-14690\AC_Nees-2008-14690.doc Filed November 16, 2012 9:54 AM Division of Administrative Hearings 4. At all times material to this Complaint, Respondent engaged in the practice of medicine, specializing in plastic surgery. The Respondent is Board Certified by the American Board of Plastic Surgery. 5. On or about May 23, 2008, patient N.R., a then 27 year-old female, presented to the Respondent at the Strax Rejuvenation & Aesthetics Institute for breast augmentation surgery. 6. The information in the preoperative examination recorded by Respondent is uninformative and inadequate for forming a baseline assessment of N.R. heart and lungs function. 7. Pneumothorax is a rare but expected complication of breast augmentation surgery. 8. Only local anesthesia was used as anesthesia for the breast augmentation surgery on N.R. - 9, Local anesthesia was administered by Respondent via injection. 10. During the surgical procedure, N.R. became anxious, felt chills, became hypotensive, experienced low oxygen saturation, and eventually became unresponsive. 11. Surgery was stopped and N.R. was transported to a medical center emergency room. J:\PSU\Medical\Medical cases assigned to Allied Section\Nees, John E 2008-14690\AC_Nees-2008-14690.doc 2 12. Medical record progress notes recorded by Respondent during N.R.’s surgery are uninformative and inadequate for making an assessment of N.R. heart and lungs function. 13. A large pneumothorax on the left side was found upon x-ray of N.R. at the medical center. 14. Section 458.331(1)(m), Florida Statutes (2008), provides that failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; * examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations constitutes grounds for disciplinary action by the Board of Medicine. 15. Respondent failed to keep medical records that justify the course of treatment of N.R. in one or more of the following ways: (a) by failing to include in the medical records a preoperative examination that is informative and for forming a baseline assessment of N.R. heart and lungs function; JAPSU\Medical\Medical cases assigned to Allied Section\Nees, John E 2008-14690\AC_Nees-2008-14690.doc 3 (b) by failing to maintain legible medical records that justify the course of treatment of the patient. 16. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2008), by failing to keep medical records that justify the course of treatment of the patient.. WHEREFORE, 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 Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. SIGNED this Z.4 day ot__AAgrth 2012. Steven L. Harris, M.D., M.Sc. Interim State Surgeon General 4 : UA Adrierine C. Rodgers Assistant General Counsel Leo Department of Health RIMENT Ci oF HEALTH Prosecution Services Unit DEP A EPUTY md 4052 Bald Cypress Way, Bin C-65 crerk Ans wei sa " Tallahassee, FL 32399-3265 DATE BOAR 2 6 20% Florida Bar # 0630071 (850) 245-4640 (telephone) (850) 245-4682 (facsimile) PCP Members: (reeneh 4 Sheryere- PCP; 3-23 be JAPSU\Medical\Medical cases assigned to Allied Section\Nees, John E 2008-14690\AC_Nees-2008-14690.doc John E. Nees, M.D. CASE No. 2008-14690 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 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 any other discipline imposed.

Docket for Case No: 12-003806PL