STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, Vv. CASE NO.: 2013-01579 ROBERT L. HOOD, M.D., Respondent. ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent Robert L. Hood, M.D., and in support thereof alleges: 1. Petitioner is the state agency 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 65749, 3. Respondent's address of record is 131 SW 15" Street, Ocala, Florida 34474, DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 4. On or about November 24, 2009, and on or about November 25, 2009, Patient C.H. presented to the Emergency Department of Timber Ridge Medical Center (hereinafter “Timber Ridge E.R.”). Patient C.H.’s medical records indicate that she presented with complaints of back and chest pain. Patient C.H. was discharged on both dates. 5. On or about November 27, 2009, Patient C.H. again presented to the Timber Ridge E.R. Patient C.H. presented with complaints of back pain and shortness of breath and reported bilateral leg weakness and difficulty ambulating. 6. Respondent treated Patient C.H. during her November 27, 2009, visit to the Timber Ridge E.R., ultimately:diagnosing Patient C.H. with non- specific back pain and discharging her. 7. On or about November 28, 2009, Patient C.H. presented to the Emergency Department of Ocala, Regional Medical Center (hereinafter “Ocala Regional”). C.H. was admitted to Ocala Regional and ultimately diagnosed with a spinal cord abscess. 8. The prevailing professional standard of care required Respondent to treat Patient C.H. in the following manner: a. Obtain a complete history of the patient; DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 LAV diye bh. b, Ask the patient about her symptoms, including but not limited to muscular weakness, numbness, bowel and bladder function, shortness of breath, and fever: c. Perform a complete neurological examination of the patient; d. Have the patient ambulate; » e. Perform a complete back examination of the patient; f. Perform a complete rectal examination of the patient; g. Assess the patient for chest pain and associated symptoms; h. Recheck the patient’s pulse oxygenation; i. Order an electrocardiogram, labs, and a chest x-ray for the patient; j. Admit the patient for aifull:cardiopulmonary workup. 9. Respondent failed to obtain, or failed to create or maintain documentation of obtaining, a complete history of Patient C.H. 10. Respondent failed to create or,maintain documentation of pertinent positives and negatives from the review of systems of Patient C.H. 11. Respondent failed to ask, or failed to create or maintain documentation of asking, Patient C.H» about her symptoms, including DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 rk oe ; o . eetubse but not limited to muscular weakness, numbness, bowel and bladder function, shortness of breath, and fever. 12. Respondent failed to perform, or failed to create or maintain documentation of performing, a complete neurological examination of Patient C.H. 13. Respondent failed to have Patient C.H. ambulate, or failed to create or maintain documentation of having Patient C.H. ambulate. 14. Respondent failed to perform, or Failed to create or maintain documentation of performing, a complete back examination of Patient CH. 15. Respondent failed to perform; or. falled to create or maintain documentation of performing, a complete rectal examination of Patient C.H. 16. Respondent failed to assess, ob failed: ito create or maintain documentation of assessing, Patient C.H. for chest pain and for associated symptoms. 17. Respondent failed to recheck, or failed to create or maintain Sis documentation of rechecking, Patient C.H.’s pulse oxygenation. DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 18. Respondent failed to order, or failed to create or maintain documentation of orders for, JW Wecocardiogram, labs, and a chest x- ray for Patient C.H. : 19. Respondent failed to admit, or failed to create or maintain documentation of admitting, Patient C.H. for a full cardiopulmonary workup. Count I 20. Petitioner realleges and incorporates paragraphs 1 through 19 as if fully set forth herein. : 21. Section 458.331(1)(t), Florida Statutes (2009), subjects a licensee to discipline for committing medical, malpractice as defined in Section 456.50, Florida Statutes. Section 456:50(1)(9), Florida Statutes (2009), states 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 (2009), provides that the prevailing standard of care fora given healthcare provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized st DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013501579 as acceptable and appropriate by reasonably prudent similar health care providers. or 22. Respondent fell below the standard of care in his treatment of Patient C.H. in one or more of the following ways: a. By failing to obtain a complete history of Patient C.H.; . By failing to ask Patient’ CA. about her symptoms, including but not limited to muscular weakness, numbness, bowel and bladder function, shortness of breath, and fever; . By failing to have Patient'@:H: ambulate; . By failing to perform a complete back examination of Patient C.H.; . By failing to perform a complete, rectal examination of Patient C.H.; " . By failing to assess Patient C.H. for chest pain and associated symptoms; W'S « ett a . By failing to recheck Patient C.H.'s pulse oxygenation; . By failing to order an electrocardiogram, labs, and a chest x-ray for Patient C.H.js. DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 Mhek oy i. By failing to admit Patient C.H. for a full cardiopulmonary workup. 23. Based on the foregoing, Respondent. violated Section 458.331(1)(t), Ke Florida Statutes (2009), by committing medical malpractice. Count IT 24. Petitioner realleges and incorporates varagraphs 1 through 19 as if fully set forth herein. 25. Section 458.331(1)(m), Florida Statutes (2009), subjects a licensee to discipline for 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 who is orsare. 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. Bee, DOH v. ROBERT L. HOOD, M.D., DOH Case No, 2013-01579 Teta 26. Respondent failed to create or maintain records that justify the sr course of treatment of Patient C.H. in one or more of the following ways: a. By failing to create or maintain, documentation of pertinent positives and negatives from the review of systems of Patient C.H.; . By failing to create or maintain documentation of a complete history of Patient C.H.; . By failing to create or maintain documentation of asking Patient C.H. about her symptom including but not limited to muscular weakness, numbness, bowel-and bladder function, shortness of breath, and fever; . By failing to create or maintain documentation of having Patient abi a es * C.H. ambulate; at . By failing to create or maintain documentation of performing a complete back examination of Patient C.H.; aNd oe op ; ; By failing to create or maintain documentation of performing a complete rectal examination of Patient C.H.; DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 g. By failing to create or maintain documentation of assessing ail giatle” 4 Patient C.H. for chest pain and associated symptoms; h. By failing to create or maintain documentation of rechecking Patient C.H.'s pulse oxygenation; i. By failing to create or ialhtain documentation of ordering an electrocardiogram, labs, and a chest x-ray for Patient C.H.; j. By failing to create or maintain documentation of admitting Patient C.H. for a full cardiopulmonary workup. 27. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2009), by failing to create or maintain legible, as defined by department rule in consultation with the board, medical records that justify the course of treatment of the patient. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing"oiie oF. 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 Respondeltt’ on,,probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. bes Moe 9 DOH v. ROBERT L. HOOD, M.D., DOH Case No. 3013- -01579 0 aa SIGNED this" day of 1 210 John H. Armstrong, MD, FACS, FCCP State Surgeon General & Secretary of Health, State of Florida Louise Wilhite- St Laurent, Esq. Florida Bar No. 91244 Assistant General Counsel DOH, Prosecution Services Unit FILE 4052 Bald Cypress Way, Bin C-65 DEPARTMENT ORK Tallahassee, FL 32399-3265 cLERK Angel Sanders Telephone: (850) 245-4444, Ext. 8331 pave FEB 2 8 2015 Facsimile: (850) 245-4684 Email: Louise.StLaurent@flhealth.gov PCP Date: February 20, 2015 is PCP Members: Faud Ashkar, M.D.; Enrique Ginzburg, M.D.; Carolyn Pardue WEY vy sey Arelgapas be Ripe . ia ; 10 DOH v. ROBERT L. HOOD, M.D., DOH Case No. 2013-01579 DOH v.ROBERTL.HOOD,M.D. Case No. 2013-01579 i ARE ee co ‘ 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 evide sand 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. meee Le . ee ee “EM ta - hea : settae, W a ee; ae! DOH v, ROBERT L. HOOD, M.D., DOH Case No. 2013!8i579 ae

Docket for Case No: 15-003408PL