f- Ol STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. | CASE NO. 2010-22044 DAMIEN CHRISTOPHER JOY, M.D., RESPONDENT. | ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Damien Christopher Joy, 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 physician within the State of Florida, having been issued license number ME 58003. Filed December 10, 2012 10:24 AM Division of Administrative Hearings 3. Respondent's address of record is 10115 West Forest Hill Boulevard, Suite 302, Wellington, Florida 33414. 4. On or about August 27, 2008, Patient D.B., a 59 year-old male, was admitted to Wellington Regional Medical Center (WRMC) with an approximately 4-14 day history of cramping abdominal pain, constipation, nausea, and vomiting. 5. The initial physical examination revealed that Patient D.B.’'s temperature was 97 degrees, pulse rate 95, respiratory rate of 18, and blood pressure 151/101. Initial blood work indicated a white count of 7.1, hemoglobin of 12.6, hematocrit of 36.9, and platelets of 363,000. 6. After the initial work-up, Patient D.B. was admitted under his primary care physician with a diagnosis of: small bowel obstruction, hypokalemia, and accelerated hypertension. A surgical consult was obtained from Respondent, as well as a gastroenterology consult. 7. An acute abdominal series was performed, which revealed moderate distention of Patient D.B.’s colon. A CT scan of Patient D.B.'s abdominal walls showed walls thickening in the mid and distal sigmoid colon and possible functional partial obstruction. DOH v. Damien Christopher Joy, M.D.; 2010-22044 2 8. A Gastrograffin enema subsequently revealed complete obstruction in Patient D.B’s proximal rectum with abrupt termination of contrast and highly suspicious for neoplasm. 9. Patient D.B. received bowel preparation followed by a flexible sigmoidoscopy, with an apple-core lesion noted at 15 cm from the anal verge, with a biopsy performed. 10. On or about August 28, 2008, the pathology report indicated a finding of well-differentiated adenocarcinoma. 11. Ina progress note dated August 29, 2008, Respondent stated: “For OR... Monday a “holiday” may have to ask for time Tues. . . .” 12. Therefore, Respondent established the need for Patient D.B. to undergo surgery; but he delayed the surgery due to a holiday. 13. On or about September 2, 2008, Respondent performed an exploratory laparotomy with rectosigmoid resection and colostomy on Patient D.B. Under induction of anesthesia, Patient D.B. aspirated a large amount. Surgery proceeded and lasted approximately 2 hours. 14. Post-operatively, Patient D.B. had progressive clinical deterioration and eventual multi-system organ failure, sepsis, and expired on or about September 3, 2008. DOH v. Damien Christopher Joy, M.D.; 2010-22044 3 15. Section 458.331(1)(t)1, Florida Statutes (2008), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2008), 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. 16. The 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 (2008), 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. .. .” 17. Respondent fell below the acceptable standard of care by delaying Patient D.B.’s surgery until September 2, 2008, due to a holiday. 18. Based on the foregoing, Respondent has violated Section 458.331(1)(t)1, Florida Statutes (2008), by committing medical malpractice. DOH v. Damien Christopher Joy, M.D.; 2010-22044 4 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, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. SIGNED this 23 day of September, 2011. H. Frank Farmer, Jr., MD, PhD, FACP State Surgeon General DOH Prosecution Gervices ae DEPARTMENT OF HEALTH 4052 Bald Cypress DEPUTY CLERK Tallahassee, FL 32399- 3265 CLERK Angel Sanders Florida Bar #233285 SEP 2 6 nit (850) 245-4640, Ext. 8137 (850) 245-4681 FAX DKK/cb PCP: September 23, 2011 PCP Members: El-Bahri, J. Rosenberg, & Goersch DOH v. Damien Christopher Joy, M.D.; 2010-22044 5 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. DOH v. Damien Christopher Joy, M.D.; 2010-22044 6

Docket for Case No: 12-003952PL