STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. DOH Case No. 2019-44734 DAVID MICHAEL FELDBAUM, M.D., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Medicine against Respondent David Michael Feldbaum, 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 Statues; 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 79347, 3. The Department’s address of record for Respondent is 2205 North University Drive, Pembroke Pines, Florida 33024. 4. Patient BD was referred to Subject by her cardiologist who had done a preoperative workup including an arterial duplex study. 5. The study performed by the cardiologist indicated normal arterial flow in the right leg and an occlusion of the mid-left femoral artery. 6. On or about August 26, 2019, Patient BD presented to Subject to discuss a blockage in her left leg. Her chief complaint was left leg pain. 7. On September 17, 2019, patient underwent an angiogram. 8. Subject’s preop orders for the September 17, 2019 angiogram include a request for a left leg angiogram consent from BD. 9. Subject’s preop notes indicated Subject intended to perform a left popliteal stick. 10. On September 17, 2019, Subject performed a right popliteal stick on BD. 11. Section 456.072(1)(bb), Florida Statutes, provides that the Board of Medicine may take disciplinary action for performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition. DOH v. David Michael Feldbaum, M.D. Case Number 2019-44734 12. Respondent performed or attempted to perform a wrong-site procedure, a wrong procedure, or an unauthorized procedure by performing a right popliteal stick on Patient BD, instead of a left popliteal stick on Patient BD. 13. Based on the foregoing, Respondent violated Section 456.072(1)(bb), Florida Statutes, by performing a wrong-site procedure. 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. (Signature appears on next page) DOH v. David Michael Feldbaum, M.D. Case Number 2019-44734 SIGNED this _8t'_ day of FLED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: Niu pare: JAN 0 8 2021 PCP Date: January 8, 2021 January 2021. Scott A. Rikvees, MD Surgeon General and Secretary le] Wischacl Sachmorou___ Mischael Sachmorov Assistant General Counsel Florida Bar No. 115807 DOH-Prosecution Services Unit 4052 Bald Cypress Way-Bin C-65 Tallahassee, Florida 32399-3265 Telephone: (850) 558-9841 Facsimile: (850) 245-4684 Email: Mischael.Sachmorov@flhealth.gov PCP Members: Steven Falcone, M.D.; Kevin Cairns, M.D.; Andre Perez DOH v. David Michael Feldbaum, M.D. Case Number 2019-44734 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 waives 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 Michael Feldbaum, M.D. Case Number 2019-44734

Docket for Case No: 21-000943PL