’ STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, VW . CASE NO. 2012-08832 YONAS ZEGEYE, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health (“Petitioner” or “Department”), by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine (“Board”) against Respondent, Yonas Zegeye, — M.D. (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of medicine pursuant to Section 20.43, Florida Statutes, and Chapters 456 and 458, Florida Statutes. 2. At all times material to this Complaint, Respondent was licensed to practice as a medical physician in the State of Florida, having been issued license number ME 88243. 3, Respondent's address of record is 3618 Lantana Road, Suite 100, Lake Worth, Florida 33462. 4. Onor about May 22, 2012, N.S. presented to Respondent for a left decompressive lumbar laminectomy, facetectomy, foraminotomy, and discectomy at the L4-L5 level and L5-Si levels of the spine. 5. During the procedure, a cerebrospinal fluid (“CSF”) leak at the L4-L5 level of the spine was noted and repaired. 6. N.S. was at risk for a CSF leak post-operatively because she had an intra-operative CSF leak. 7. Onor about May 25, 2012, N.S. presented to Respondent for a post-operative evaluation. . 8. On or about May 25, 2012, N.S. complained of constant back pain that radiated into her left leg and tingling and numbness in her calf. 9. Onor about May 25, 2012, N.S’s surgical wound was cleaned, antibiotic ointment was applied, Ibuprofen 800 mg was prescribed to N.S. 10. Ibuprofen is a non-steroidal anti-inflammatory drug and is used to reduce fever and treat pain or inflammation. 11. On or about June 4, 2012, N.S. presented to Respondent for a post-operative evaluation. Page 2 of 8 DOH vy, Yonas Zegeye, M.D, Case No, 2012-08832 12. On of about June 4, 2012, N.S. complained of constant back discomfort and severe headaches. 13. On or about June 4, 2012, N.S.s surgical wound was Cleaned and antibiotic ointment was applied. | 14. N.S/s post-operative complaint of severe headaches on or about June 4, 2012, in light of the intra-operative CSF leak, was indicative of a potential CSF leak. 15, On or about June 4, 2012, Respondent should have ordered diagnostic testing for N.S. to determine whether she had a CSF leak. 16. On or about June 4, 2012, Respondent did not order any diagnostic testing of N.S. 17. On or about June 6, 2012, N.S. presented to Respondent for a post-operative evaluation. . . 18. On or about June 6, 2012, N.S. complained of severe back pain radiating into her left gluteus and severe neck pain. 19. On or about June 6, 2012, N.S. complained that the pain was so severe she was unable to walk or sit. Page 3 of 8 DOH vy. Yonas Zegeye, M.D, Case No. 2012-08832, 20. On or about June 6, 2012, N.S’s surgical wound was cleaned, antibiotic ointment was applied, the wound dressing was changed, and Keflex 500 mg was prescribed to N.S. 21. Keflex is an antibiotic and is used to treat infections. 22.. N.S/s post-operative complaints on or about June 6, 2012, in light of her previous post-operative complaints and the intra-operative CSF leak, were indicative of a potential CSF leak. 23. N.S/s post-operative complaints on or about june 6, 2012, in light of her previous post-operative complaints and the intra-operative CSF leak, were indicative of a potential infection. 24. On or about June 6, 2012, Respondent should have ordered diagnostic testing for N.S.,, or instructed her to be admitted to a hospital for monitoring, to determine whether she had a persistent CSF leak or infection. 25. On or about June 6, 2012, Respondent did-not order any diagnostic testing of N.S. 26. On or about June 6, 2012, Respondent did not instruct N.S. to seek admission to a hospital. Page 4 of 8 DOH v. Yonas Zegeye, M.D. Case No, 2012-08832 27. Section 458.331(1)(t)1, Florida Statutes (2011), subjects a physician to discipline for committing medical malpractice as defined in Section 456.50, Florida Statutes. 28, Section 456.50(1)(g), Florida Statutes (2011), defines “medical malpractice” as the fallure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. 29. Section 456.50(1)(e), Florida Statutes (2011), defines the “level of care, skill and treatment recognized in general law related to health care licensure” as the standard of care specified in Section 766.102, Florida Statutes. 30. Section 766.102(1), Florida Statutes (2011), 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. 31. Respondent violated Sectlon 458.331(1)(t), Florida Statutes (2011) in one or more of the following ways: Page 5 of 8 DOH v, Yonas Zegeye, M.D. Case No. 2012-08832 a. Respondent failed to order any diagnostic testing of N.S. on or about June 4, 2012; b. Respondent failed to order any diagnostic testing of N.S. on or about June 6, 2012; and c. Respondent failed to instruct N.S. to seek admission to a hospital on or about June 6, 2012. 32. Based on the foregoing, the Respondent has violated Section 458.331(1)(0), Florida Statutes (2011), by committing medical malpractice. WHEREFORE, the Petitioner respectfully requests that the Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of the 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. Page 6 of 8 DOH v. Yonas Zegeye, M.D. Case No. 2012-08832 SIGNED this 22) day of _ OCAOQ ¢ 2013. John H. Armstrong, MD, FACS Surgeon-Gen Sees WN ( Alicia E. Adams, Esquire Florida Bar No. 0065248 Assistant General Counsel Department of Health, Prosecution Services Unit FILED HEALTH 4052 Bald Cypress Way, Bin C-65 DEPARTMENT ORK Tallahassee, Florida 32399-3265 , Target sanders (P) 850/245-4444 Cee act 28 203 (F) 850/245-4684 a (E) Alicia_Adams@doh.state.fl.us PCP Date: October 25, 2013 PCP’ Members: Georges El-Bahari, M.D.; Merle Stringer, M.D.; Carolyn Pardue Page 7 of 8 DOH vy, Yonas Zegeye, M.D. Case No. 2012-08832 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 shail assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition any other discipline imposed. . Page 8 of 8 DOH v. Yonas Zegeye, M.D. Case No. 2012-08832

Docket for Case No: 14-005625PL