STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NO. 2012-18643 DAVID H. BARAS, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, David H. Baras, M.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of physicians 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 licensed to practice as a physician within the State of Florida, having been issued license number ME 49342 on October 30, 1986. DOH v. David H. Baras, 4.0. 1 Case number 2012-18643 3. Respondent is board certified in Physical Medicine and Rehabilitation. 4. Respondent's address of record is 6235 66" Street North, Pinellas Park, Florida 33781. 5. On or about December 6, 2012, Respondent was working as a licensed physician performing Independent Medical Examinations (“IME’s”) for Medical Consultants Network, LLC (‘MCN’). 6. On or about December 6, 2012, around 8:00 a.m., patient P.M., a forty year old male, was seen by the Respondent for an IME ordered by his insurance company after a motor vehicle accident. The exam was conducted in the parking lot outside of Chiropractic Sports Medicine (“CSM”) in Venice, Florida. 7. During the exam, Respondent asked patient P.M. questions regarding his symptoms and medical history, as well as having the patient remove his shirt for examination, and sit on his car bumper to measure reflexes, While the exam was being performed, there were cars and other people passing by. 8. Respondent prepared a written report on the IME dated November 27, 2012, the week before the IME actually took place. In the DOH v. David H. Baras, M.D. 2 Case number 2012-18643 report, Respondent cites to patient P.M.’s medical records from treatment for injuries sustained in the automobile accident, and concludes that no further treatment is medically necessary. 9. Section 458.331(1)(t), Florida Statutes (2012), provides that committing medical malpractice as defined in section 456.50, Florida Statutes (2012), is grounds for discipline. The board shall give great weight to the provisions of section 766.102, Florida Statutes (2012), when enforcing section 458.331(1)(t), Florida Statutes (2012). "Medical malpractice" means the failure to practice medicine In accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. Section 766.102, Florida Statutes (2012), provides that 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. 10. On or about December 6, 2012, the Respondent failed to practice medicine with that level of care, skill and treatment, which is recognized by a reasonably prudent similar physician as being acceptable DOH v. David H. Baras, M.D. . 3 Case number 2012-18643 under similar conditions and circumstances by conducting an IME outside of a clinical setting in a public parking lot. ii. Based on the foregoing, Respondent has violated section 458.331(1)(t), Florida Statutes (2012), and committed medical malpractice in violation thereof. 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 the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [Signatures contained on the following page.] DOH v, David H, Baras, M.D. 4 Case number 2012-18643 ad ran : SIGNED this _| ‘¢<,. day of Sent Leer, 2013. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Angel Sanders DATE SEP 17 2013 TDG/crv PCP Date: September 13, 2013 PCP Members: Dr. Avila, Dr. El+-Sanadi & Ms. Goersch DOH v, David H. Baras, M.D. Case number 2012-18643 John H. Armstrong, MD, FACS State Surgeon General & Secretary oP & Tomistav D. Golik, Assistant General Counsel Fla, Bar No, 010104 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 245-4444 Facsimile: (850) 245-4684 Email: tomislav_golik@doh.state.fl.us DOH v. DAVID H. BARAS, M.D. CASE NO. 2012-18643 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. David H. Baras, M.D. 6 Case number 2012-18643

Docket for Case No: 14-000999PL