STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Ve CASE NO, 2012-17871 CELESTINO PEDRO CASTELLON, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Patitioner, the Florida Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Florida Board of Medicine against Respondent, Celestino Pedro Castellon, 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 27922. 3, Respondent’s address of record is 777 East 25" Street, Sulte 507, Hialeah, Florida 33013. | . 4, Respondent is board certifled in Obstetrics and Genecology by the American Board of Obstetrics and Gynecology. 5. On or about December 22, 2008, Patient A.G. (A.G.), a twenty- two (22) year-old female, presented to Hialaeh Hospital for an obstetric ultrasound. The Respondent was her physician during her pregnancy. The ultrasound showed that A.G. was 12 weeks pregnant and that the due date was August 16, 2009. According to the record, the last menstrual period was October 5, 2008, but the patient had a history of irregular cycles. Initially, the patient told the Respondent that her last menstrual period was November 10, 2008, but later changed it to the October date. A.G, had successfully delivered two children prior to this pregnancy. 7 6, Patient A.G;-had routine prenatal visits with the Respondent over the next few months, but missed her February, May and June 2009 appointments. Due to her missed appointments, she did not get a penta screen, which screens for Down’s syndrome and neural tube defects. | 7, ° On or about June 25, 2009, A.G. presented to Hialaeh Hospital with complaints of leaking fluid from her vagina. She was examined by a DOH ys, CELESTINO PEDRO CASTELLON, M.D,, CASE NO, 2012-17871 2 nurse and a nitrazine paper was used to determine if the water around the baby was leaking and if the amniotic sack around it might have ruptured. The first test was positive and the second test was negative. She was instructed to go home and follow-up with the Respondent the following day. 8. On or about June 26, 2009, A.G, and her mother presented to the Respondent. They were waiting outside his office as he arrived and A.G. was bent over claiming acute pain and was holding her. abdomen with both hands. According to the Respondent, A.G. told him: The baby is not moving:; my water bag is leaking from my vagina; my baby is coming; I want my baby out; I have a lot of pressure in my vagina; I cannot eat or sleep; I am going crazy; I am going to die because I did not eat or sleep; I want my baby out; my baby is coming out; T know I am having my baby immediately; I am at term and ready to deliver; and I am going to jump out of the fifth floor. 9. ‘According to the Respondent, he told A.G. that the baby was not ready and asked her to come inside for a full examination. She refused and based on this refusal, he told A.G. and her mother to go to the hospital a short distance away. DOH vs, CELESTINO PEDRO CASTELLON, M.D,, CASE NO, 2012-17871 3 Nant 10. Soon after her appointment on the same day, A.G. presented to the hospital Jabor and delivery department. The Respondent sent orders for A.G. to be prepared and medication to be started for the delivery of her baby. She was induced for delivery that day and O.P, (her baby boy) arrived by vaginal delivery at 10:23 pm. He was soon after admitted to the NICU. His gestational age was between 32 and 34 weeks according to the neonatologist. He had a patent ductus arteriosus that needed surgery to close up. Additionally, he had a grade two intraventricular hemorrhage and was transferred to South Miami hospital a few days later. He now appears to have developmental delay and cerebral palsy. ii. The Respondent inappropriately induced and delivered. baby O,P. at between 32 and 34 weeks of age without any medical justification. 12. The Respondent did not adequately assess the patient's complaints and symptoms. oe 13. The Respondent failed to perform a complete history and physical examination on A.G. prior to inducing her to deliver her baby. 14. The Respondent failed to obtain a specialized consultation to assist with determining O.P’s gestational age. DOH vs, CELESTINO PEDRO CASTELLON, M.D,, CASE NO. 2012-1787) 4 15. The Respondent falied to keep medical records that justify his course of action in inducing A.G. at 32 to 34 weeks of gestation. COUNTI 16. Petitioner realleges and incorporates. paragraphs one (1) through fourteen (14) as if fully set forth herein. 17. Section 458.331(1)(b, Florida Statutes (2008), subjects a doctor to discipline for committing medical malpractice as defined in Section 456.50. Section 456.50, Florida Statutes, 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. 18. 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, defines the standard of care tomean™. .. 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... .” DOH ys, CELESTINO PEDRO CASTELLON, M.D,, CASE NO. 2012-17871 5 19. Respondent fell below the acceptable standard in one or more of the following ways: a. By inducing and delivering baby O.P at between 32 and 34 weeks of age without any medical justification; and/or b. By failing to adequately assess the patient’s complaints and symptoms; and/or c. By failing to perform complete history and “physical examination of A.G. prior to inducing her deliver of her | baby; and/or d. By falling to obtain a specialized consultation to assist with determining O.P’s gestational age. 20. Based on the foregoing, Respondent has violated Section 458,331(1)(t), Florida Statutes (2008), by committing medical malpractice. COUNT. I 21. Petitioner realleges and incorporates paragraphs one (1) through fifteen (15) as if fully set forth herein. 22, 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 DOH vs. CBLESTINO PEDRO CASTELLON, M.D,, CASE NO, 2012-17871 6 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. 23. Respondent failed to keep appropriate legible medical records justifying the course of treatment of Patiant A.G. in that Respondent falled to document a medical reason to induce and deliver baby OP. at between. 32 and 34 weeks of gestation. 24. Based on the foregoing, Respondent has violated Section 458.331(1)(m), Florida Statutes (2008), by failing to keep medical records which justify the course of his treatment of Patient A.G. 1 DOH ys: CELESTINO PEDRO CASTELLON, M.D., CASE NO, 2012-17871 7 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 __22nd day of _November , 2013. Fai DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: /Svrzolyot Codie | pate (2.5213 IRZ PCP Date: 11-22-13 John H. Armstrong, MD, FACS State Surgeon General and Secretary of Health Jefathan = zachem Assistant General Counsel DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 2585 Merchants Row, Suite 105 Express, mall Tallahassee, Florida 32399-3265 Florida Bar # 0083617 (850) 245-4444 Ext, 8117 (850) 245-4684 fax Email: Jonathan_Zachem@doh.state.fl.us PCP Members: Dr. El-Bahri, Dr. Bearison, Ms, Tootle DOH vs. CELESTINO PEDRO CASTELLON, M.D., CASE NO. 2012-17871 8 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 vs, CELESTINO PEDRO CASTELLON, M.D,, CASE NO, 2012-17871 . 9

Docket for Case No: 14-000162PL