STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, ve CASE NUMBER: 2018-20516 DAVID RONDON, MD, RESPONDENT. ne / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, David Rondon, MD, and 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 52020. 3. Respondent’s address of record is 601 University Boulevard, Sulte 104, Jupiter, FL 33458. 4. On or about June 29, 2018, Patient M.C., a 96-year-old female, presented to the Emergency Department at Good Samaritan Medical Center after a fall. 5. X-rays showed an acute impacted sub-capital hip fracture on Patient M.C.’s left side, and degenerative changes to her superior acetabulum. 6. Patient M.C. initially refused surgery and told hospital staff that she would prefer to go home, but was willing to go to physical therapy. 7. On or around July 2, 2018, Patient M.C. gave her consent after family members arrived at the hospital, and Patient M.C. was scheduled for a left hip open reduction. 8. An orderly brought Patient M.C. to the operating room and Respondent erroneously marked her on her right side. 9. Respondent positioned Patient M.C. on the fracture table, which was set up for the right side. Respondent then prepped and draped Patient M.C. for a right-side procedure. DOH v. David Rondon, MD Case Number 2018-20516 20f9 10. Respondent claims that he confirmed a right-side procedure during the final time out. 11. Respondent then completed the procedure on Patient M.C.’s right hip instead of her fractured left hip. 12. On or around August 20, 2018, a nursing home employee reported to Good Samaritan that she believed the procedure was performed on the wrong hip. 13. During a subsequent investigation, Respondent admitted that he learned the procedure was performed on the wrong site shortly after it was completed. 14. Respondent claimed he did not know he was required to report the wrong-site procedure to the hospital, and he had been closely monitoring Patient M.C.’s recovery. 15. Respondent failed to create or keep any medical records documenting the wrong-site procedure. . 16. Good Samaritan suspended Respondent and required him to complete five (5) hours of Continuing Medical Education in Risk Management. DOH v. David Rondon, MD Case Number 2018-20516 3of9 COUNTI 17. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. 18. Section 456.072(1)(bb), Florida Statutes (2018), provides that performing or attempting to perform healthcare services on the wrong patient, a wrong-site procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition is grounds for discipline. 19. On or about July 2, 2018, Respondent performed a right hip open reduction on Patient M.C., when the procedure should have been performed on the left hip. 20. Based on the foregoing, Respondent has violated Section 456.072 (1)(bb), Florida Statutes (2018), by performing a wrong-site procedure. COUNT II 21. Petitioner re-alleges and incorporates paragraphs one (1) through sixteen (16) as if fully set forth herein. - 22. Section 458.331(1)(m), Florida Statutes (2018), subjects a licensee to discipline for failing to keep legible, as defined by department DOH v. David Rondon, MD Case Number 2018-20516 4of9 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 or are 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. 23. Section 458.331(1)(nn), Florida Statues (2018), provides that violating any provision of Chapter 458 or 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Medicine. 24. Chapter 64B8-9.003(d)(3), Florida Administrative Code (2018), provides that medical records shall contain sufficient information to identify the patient, support the diagnosis, justify the treatment and document the course and results of treatment accurately, by including, at a minimum, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; reports of consultations and hospitalizations; and copies of records or reports or other documentation DOH v. David Rondon, MD : Case Number 2018-20516 Sorg obtained from other health care practitioners at the request of the physician and relied upon by the physician in determining the appropriate treatment of the patient. Respondent failed to maintain records that justify the course of treatment of Patient M.C. and/or satisfy the requirements of Chapter 64B8- 9.003(d)(3), Florida Administrative Code in one or more of the following ways: DOH v. David Rondon, MD Case Number 2018-20516 e. By failing to create or keep legible medical records that document an appropriate and complete patient history of Patient M.C.; By failing to create or keep legible medical records that document a complete and comprehensive physical examination of Patient M.C.; By failing to create or keep legible medical records that document discussion of the risks and benefits of surgery with Patient M.C.; By failing to create or keep legible medical records that document obtaining informed consent and agreement for treatment from Patient M.C.; By failing to create or keep legible medical records 6of9 that document performing a wrong-site procedure on Patient M.C.; f. By failing to create or keep legible medical records that document creating and implementing a proper treatment plan for Patient M.C. considering the wrong-site procedure; and/or g. _ By failing to create or keep legible medical records that document performing periodic re-evaluations of Patient M.C. 26. Based on the foregoing, Respondent violated Section 458.331(1)(m), Florida Statutes (2018), and/or Section 458.331(1)(nn), Florida Statutes (2018). WHEREFORE, the 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. DOH v. David Rondon, MD Case Number 2018-20516 70f9 SIGNED this 264 day of August , 2019. eee PRAY oe William E Walker OF HEALTH OER SEPUTY CLERK Florida Bar No.: 0123716 : Mod Assistant General Counsel SER AUG 2.6 DOH Prosecution Services Unit pare:__AUG 26 201) 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Telephone (850) 558-9876 Fax (850) 245-4684 E-mail: william.walker@fihealth.gov PCP Date: August 23, 2019 PCP Members: Georges El-Bahri, M.D., Seela Ramesh, Brigitte Goersch DOH v. David Rondon, MD Case Number 2018-20516 80f9 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28- 106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent walves the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106.2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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 Rondon, MD Case Number 2018-20516 9of9

Docket for Case No: 20-001893PL