STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH, PETITIONER,

1. CASE NUMBER: 2009-22588

   DANIEL ROTHMAN, M.D., RESPONDENT.

   
   

   ADMINISTRATIVE COMPLAINT

   
   

   COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and flies this Administrative Complaint before the

   Boa_rd of Medicine against the Respondent, Daniel Rothman, 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 32998.

      
      

      Filed December 31, 2012 3:41 PM Division of Administrative Hearings

      
      

   3. Respondent's current address of record is 625 Oaks Drive, Apt. # 202, Pompano Beach, Florida 33069.

   4. On or about September 28, 2006, Patient RM, a 37 year old male, presented to Respondent at Laser Spine Institute in Tampa, Florida with complaints of bilateral lumbar spine pain with radiation down the left leg, numbness and tingling.

   5. On or about September 28, 2006, Physician Assistant JM took the history and initial physical examination of Patient RM.

   6. Respondent did not order a current MRI for Patient RM but rather relied upon a diagnostic studies dated July 21, 2006.

   7. The diagnostic reports of the lumbar spine including a CT of the lumbar spine and lumbar myelogram revealed a 6 mm L4-5 left paracentral disk protrusion traversing on the left LS nerve root and L5-S1 mild bulging disk.

   8. Respondent recommended a left L4-5 laminotomy and foraminotomy with nerve root decompression; a right L4-5 and bilateral LS­ S1 joint destruction by thermal ablation.

   9. On or about October 6, 2006, Physician Assistant EL performed a pre-operative examination of Patient RM in preparation for the procedures performed on October 9, 2006.

   10. On or about October 9, 2006, Respondent performed a left L4- 5 laminotomy and foraminotomy and a right L4-5 and bilateral LS-S1 joint thermal ablation.

   11. On or about October 11, 2006, October 24, 2006, and November 21, 2006 Patient RM returned to Respondent with complaints of radicular pain at the LS-S1. Patient RM also underwent steroid injections on October 11, 2006 and October 30, 2011.

   12. On or about November 21, 2006, Respondent referred Patient RM for an MRI. The MRI showed disk protrusion at level L4-5, minimal bulge at level L3-4, degenerative disc disease at level L4-5 and LS-S1, and minimal disk protrusion at LS-S1.

   13. Patient RM ultimately underwent subsequent surgical procedures by another physician to restore stability to his lumbar spine.

   14. A reasonably prudent physician would not have performed thermal ablations at multiple levels or on the SI joints; would properly identify the pain generators for the patient prior to performing a surgical

       
       

       procedure; perform a complete a physical examination of the patient prior to performing a surgical procedure; and perform ancillary studies on the patient; and/or perform adequate ancillary studies.

   15. Section 458.331(1)(t)l., Florida Statutes (2006), subjects a physician to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2006), 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. 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 (2006), 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, sklll, 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 failed to meet the prevailing standard of care

       
       

       concerning Patient RM in one or more of the following ways:

       
       

       1. By performing thermal ablations at multiple levels and/or on the SI joints;

       2. By failing to properly identify the pain generators for the patient prior to performing a surgical procedure;

       3. By falling to complete a physical examination of

          
          

          the patient prior to performing a surgical procedure; and/or

       4. By failing to perform adequate ancillary studies.

          
          

   18. Based on the foregoing, Respondent has violated Section 458.331(1)(t)1., Florida Statutes (2006), by committing medical malpractice as defined In Section 456.50 and/or by falling to practice medicine In accordance with the 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. .

WHEREFORE, the 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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the

Board deems approp: a

SIGNED this Y day of  k            , 2011.

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

FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angel Sanders

DATE DEC 1 2 2011

Yo ree?:: -

Assistant General Counsel DOH Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265

Florida Bar# 738115

(850) 245-4640 Phone

(850) 245-4681 FAX

PCP Date: December 9, 2011

PCP Members: Leon, Zachariah, Goersch

DOH v. Daniel Rothman, M.D., CASE NUMBER: 2009-22588

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 sub na 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 attomey hours and costs, on the Respondent in addition to any other discipline imposed.

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Docket for Case No: 12-004166PL