Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: DAVID H. BARAS, M.D.
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Health
Locations: Lauderdale Lakes, Florida
Filed: Mar. 04, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 8, 2014.
Latest Update: Mar. 15, 2025
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
Issue Date |
Proceedings |
Apr. 08, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 08, 2014 |
(Petitioner's) Motion to Relinquish Jurisdiction filed.
|
Mar. 14, 2014 |
Order of Pre-hearing Instructions.
|
Mar. 14, 2014 |
Notice of Hearing by Video Teleconference (hearing set for May 5, 2014; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Mar. 13, 2014 |
Respondent's Notice of Service of First Interrogatories to Petitioner filed.
|
Mar. 13, 2014 |
Notice of Transfer.
|
Mar. 12, 2014 |
Joint Response to Initial Order filed.
|
Mar. 05, 2014 |
Initial Order.
|
Mar. 04, 2014 |
Administrative Complaint filed.
|
Mar. 04, 2014 |
Respondent's Amended Request for Hearing Involving Disputed Issues of Material Fact filed.
|
Mar. 04, 2014 |
Agency referral filed.
|