STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vo CASE NO.: 2013-13523 KENNETH STAHL, M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative’ Complaint before the Board of Medicine against the Respondent, Kenneth Stahl, 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 ME79521. - 3. Respondent's address of record is 3040 Paddock Road, Fort DOH v. Kenneth D, Stahl, M.D,, Case No, 2013-13523 Lauderdale, Florida 33331. 4. Respondent is board certified in General Surgery and Thoracic Surgery by the American Board of Surgery and the American Board of Thoracic Surgery, respectively. 5. On or about June 22, 2011, Patient C.C., a then fifty-two year old female, was admitted to the emergency room at Jackson Memorial Hospital with a history of abdominal pain in her right lower quadrant associated with nausea and vomiting. Upon her admission, a computed tomography | (CT) scan was performed upon C.C. that showed findings consistent with perforated appendicitis. 6, Patient C.C. consented to an emergency appendectomy to be performed by Respondent. : | 7. A“time-out” was performed by the surgical team prior to the procedure, confirming that the correct procedure to be performed on C.C. was an appendectomy. 8. After the procedure was performed, the specimen that was removed from C.C. during the surgery was Sent to the pathology department. a 9, Pathology determined that the specimen removed from Patient DOH v. Kenneth D. Stahl, M.D., Case No, 2013-13523 at Bt h€ CC. was not her appendix, but rather her ovary (the wrong procedure), resulting a unilateral oophorectomy. vs 10. - Patient C.C. did not authorize Respondent to remove her ovary on June 22, 2011. | 11. Section 456.072(1)(bb), Florida Statutes (2010), provides that — _performing of attempting to perform health care services (including the preparation of the patient) on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure of a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition is grounds for disciplinary actlon by the Board of Medicine. 12. On or about June 22, 2011, Respondent prepared for and performed an unauthorized unilateral oophorectomy (the wrong procedure) on Patient C.C. instead of an emergency appendectomy (the correct procedure). - 13. Based on the foregoing, Respondent has Violated Section 456.072(1)(bb), Florida Statutes (2010). | WHEREFORE, the Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: ‘ 3 DOH v. Kenneth D. Stahl, M.D., Case No, 2013-13523 ett Bat 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. SIGNED this day of , 2014. ohn H. Armstrong, MD, FACS Surgeon General & Assistant General Counsel Fla. Bar No. 0102263 FILED Florida Department of Health DEPARTMENT OF HEALTH Office of the General Counsel CLERK ANGEL Sanneee 4052 Bald Cypress Way, Bin C-65 _DATEJUN 3 0 oe Tallahassee, Florida 32399-3265 Telephone: (850) 245-4444, Ext. 8243 Facsimile: (850) 245-4684 Email: marisa.button@flhealth.gov MGB/ PCP Date: June 27, 2014 PCP Members: Dr. Georges El-Bahri, Dr. Sarvam