STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2011-10808 NORRIS MICHAEL ALLEN, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, Norris Michael Allen, 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 100568. 3. Respondent's address of record is P.O. Box 1357, Fort Myers, Florida, 33902. 4. At all times material to this Complaint, Respondent was board certified in obstetrics and gynecology by the American Board of Obstetrics and Gynecology. 5. On or about March 21, 2011, at approximately 1953 hours, Patient MT, a pregnant twenty-eight (28) year old female, presented to the Emergency Department of Gulf Coast Medical Center/Lee Memorial Hospital (Hospital) located in Fort Myers, Florida. She was reporting contractions for two hours prior to presentation. Patient MT had completed 23 weeks of gestation and rated her pain as a 9 on a scale to 10.. 6. At all pertinent times, MT was under the care of the Respondent, her primary physician and the doctor on call for obstetric emergencies at the Hospital. 7. An ultrasound on February 24, 2011, had shown MT to be at 20 weeks 5 days of gestation, with a margin of error of plus or minus 2 weeks, | 8. | MT had experienced a pregnancy in 2008 resulting in a stillbirth at 19.2 weeks gestation, the cause of which was not determined. A second pregnancy in 2009 resulted in a spontaneous miscarriage at 8 weeks gestation. 9. | Upon admission she was taken to Labor and Delivery where a sterile speculum exam by the on call Certified Nurse Midwife (CNM) at 2100 hours revealed complete dilation of the cervix and a footling breach. The Respondent was notified of the patient MT’s condition, and he gave no orders. 10. At 2205 hours, the Respondent ordered hospital staff, not the CNM, to start Pitocin (Oxytocin) to facilitate labor and delivery. 11. At 2219 hours the membrane of the gestational sac spontaneously ruptured. . At that time, the CNM attempted a breech extraction by rotating the fetus, sweeping the left arm and then the right arm, and rotating the fetus to the left and right laterally. The CNM was unable to make delivery of the fetus's head. 12. The CNM next contacted the Respondent at 2230 hours, 8 minutes after the failed breech extraction was begun. She asked the Respondent to come to the hospital to attend to the patient MT and the fetus. The Respondent said “no.” At 2234 hours, the CNM initiated a chain of command recall. Dr. G. was called in and reached the bedside of MT at 2255 hours. 13. At 2300 hours Pitocin was increased. At 2306 hours spontaneous breech delivery of a fetal demise was completed. The Florida Certificate of Fetal Death shows a weight of 680 grams (1 Ib. 8 ounces). 14. Section 458.331(1)(t)1., Florida Statutes (2010), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes (2010), 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. 15. Level of care, skill, and treatment recognized in general law related health care licensure means the standard of care specified in Section 766.102. Section 766.102(1), Florida Statutes (2010), 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... .” 16. Respondent failed to meet the prevailing standard of care in regard to Patient MT and the stillborn male fetus RB-T in one or more of the following ways: a. By failing to come into the hospital to care for his patient MT and the fetus RB-T at 2100 hours on March 21, 2011, when notified of the complete dilation of the cervix of MT and the footling breech; b. By failing to personally attend to and assess MT’s complaints and symptoms; c. By failing to perform a physical examination of MT, render a diagnosis, consult with a perinatologist and neonatologist, and follow a clear plan of care of MT and the fetus RB-T; d. By failing to develop an appropriate treatment plan for Patient MT and the fetus RB-T and to communicate that plan with options to include a Caesarean section for delivery of the fetus RB-T to MT; | e. By failing to be at the bedside of his patient MT and RB-T to conduct the delivery of the fetus. 17. Based on the foregoing, Respondent has violated Section 458.331(1)(t)1., Florida Statutes (2010), by committing maipractice. 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 30” day of Liat. , 2012. STEVEN L. HARRIS, M.D., M.Sc. Interim State Surgeon General Florida Department of Health NICHOLAS W. ROMANELLO General Counsel Florida Department of Health VERONICA E. DONNELLY Attorney Supervisor Prosecution Services Unit Fla. Bar No. 165186 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4640 FILED Facsimile: (850) 245-4662 DEPA DEPUTY Glen Th Email: Morris_Shelkofsky@doh.state.fl.us CLERK Angel Sanders DATE APR 36 2012 MS PCP: North Meeting, April 27, 2012 PCP Members: Miguel; Tucker; Mullins DOH v. Norris Michael Allen, M.D. Case No. 2011-10808 DOH v. Norris Michael Allen, M.D. Case No. 2011-10808 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: 13-001555PL