STATE OF FLORIDA DEPARTMENT OF HEALTH

Transcription

1 DEPARTMENT OF HEALTH, PETITIONER, STATE OF FLORIDA DEPARTMENT OF HEALTH v. CASE NO ANDRES JULIO MENCIA, M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner Department of Health hereby files this Administrative Complaint before the Board of Medicine against Respondent Andres Julio Mencia, M.D. and 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 Respondent's address of record is 1608 East Commercial Boulevard, Fort Lauderdale, FL 33334

2 4. At all times material to this Complaint, Respondent practiced at Adult & Geriatric Institute of Florida, Inc. (AGIF), located at 1608 East Commercial Boulevard, Fort Lauderdale, FL From on or about June 17, 2017, to on July 1, 2017 ("treatment period"), Patient C.F., a then thirty (30) year old female, presented to Respondent at AGIF with complaints of chest pressure on her right side, abdominal pain of her right upper quadrant, back pain, and vomiting. Patient C.F. described her pain level as 6 out of 10, which increased when consuming certain foods and laying on her right side or her back. Patient C.F. experienced pain relief when vomiting or when taking a hot shower. 6. Respondent performed a physical examination of Patient C.F., and documented that her abdomen was soft, no tenderness to palpation of the lower quadrants, no masses, and active bowel sounds present during auscultation. Respondent diagnosed Patient C.F. with right upper quadrant pain, back pain, throwing up, right-sided chest pain. 7. Respondent also performed an EKG and blood and urinalysis tests, he scheduled Patient C.F. for an abdominal ultrasound on June 27, 2017, referred her to a gynecologist due to her history of ovarian cyst, and DOH v. Andres Julio Mencia, M.D.; Case Number of 11

3 advised Patient C.F. to see a dietician due to her abdominal pain and vomiting. 8. Respondent further advised Patient C.F. to continue dietary efforts and to exercise, to continue with a low sodium, low-fat and lowcholesterol diet, to drink plenty fluids, and he scheduled her for a follow-up visit in two weeks or sooner, if necessary. 9. On or about June 19, 2017, Respondent received Patient C.F.'s blood results, which showed normal liver and kidney function, that her pancreatic enzymes were in normal limits, and her white blood count was in normal range. 10. On or about June 27, 2017, Patient C.F. presented to a radiologist at AGIF for an abdominal ultrasound as scheduled. The preliminary ultrasound report showed findings of mobile echogenic foci with shadowing in her gallbladder, and possible gallstones. 11. On or about July 1, 2017, Patient C.F. presented to Respondent at AGIF for a follow-up review of the lab result. Patient C.F. continued to experience abdominal pain of her right upper quadrant. DOH v. Andres Julio Mencla, M.D.; Case Number of 11

4 12. Respondent did not document any changes for the examination of Patient C.F.'s abdomen, or in the treatment plan. Respondent scheduled Patient C.F. for a follow-up visit in two weeks or sooner, if necessary. 13. Respondent failed to establish, or documenting establishing, a specific treatment plan to follow-up on Patient C.F.'s complaint of continued abdominal pain on or about July 1, During the treatment period, Respondent failed to discuss, or document discussing, the results of the ultrasound performed on or about June 27, 2017, with Patient C.F. 15. During the treatment period, Respondent failed to timely refer, or document timely referring, Patient C.F. to a surgeon for further evaluation and/or possible surgical treatment of the echogenic foci with shadowing in her gallbladder, and possible gallstones. 16. On or about August 4, 2017, Patient C.F. presented to Holy Cross Hospital, in Fort Lauderdale, FL 33308, with complaints of continued abdominal and/or back pain that progressively worsened over the months. Patient C.F. underwent a repeat gallbladder ultrasound, which confirmed multiple gallstones. DOH v. Andres Julio Mende, M.D.; Case Number of 11

5 17. On or about August 5, 2017, Patient C.F. underwent an emergency laparoscopic cholecystectomy. Standard of Care 18. During Patient C.F.'s treatment period, the prevailing professional standard of care required Respondent to treat Patient C.F. in the following manner: a. Establish a specific treatment plan to follow-up on Patient C.F.'s complaint of continued abdominal pain on or about July 1, 2017; b. Discuss the results of the ultrasound performed on or about June 27, 2017, with Patient C.F.; and/or c. Timely refer Patient C.F. to a surgeon for further evaluation and/or possible surgical treatment of the echogenic foci with shadowing in her gallbladder, and possible gallstones. Count I: Violation of Section (1)(t)1., ES. ( Petitioner re-alleges and incorporates by reference the allegations in paragraphs one (1) through eighteen (18) as if fully set forth herein. DOH v. Andres Julio Mende, M.D.; Case Number of 11

6 20. Section (1)(t)1., Florida Statutes ( ), subjects a licensee to discipline for committing medical malpractice as defined in Section , Florida Statutes. Section (1)(g), Florida Statutes ( ), 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 , Florida Statutes ( ), provides that the prevailing 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. 21. During Patient C.F.'s treatment period, Respondent fell below the prevailing standard of care in his treatment of Patient C.F., in one or more of the following ways: a. By failing to establish a specific treatment plan to follow-up on Patient C.F.'s complaint of continued abdominal pain on or about July 1, 2017; b. By failing to discuss the results of the ultrasound performed on or about June 27, 2017, with Patient C.F.; and/or DOH v. Andres Julio Mende, M.D.; Case Number of 11

7 c. By failing to timely refer Patient C.F. to a surgeon for further evaluation and/or possible surgical treatment of the echogenic foci with shadowing in her gallbladder, and possible gallstones. 22. Based on the foregoing, Respondent has violated Section (1)(t)1., Florida Statutes ( ), by falling below the prevailing standard of care in his treatment of Patient C.F. Count II: Violation of Section (1)(ml F.S. ( and/or Section (1)(nn), F.S. ( Petitioner re-alleges and incorporates by reference the allegations in paragraphs one (1) through seventeen (17) as if fully set forth herein. 24. Section (1)(m), Florida Statutes ( ), 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 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 DOH v. Andres Julio Merida, M.D.; Case Number of 11

8 prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 25. Section (1)(nn), Florida Statutes ( ), provides that violating any provision of this Chapter or Chapter 456, or any rules adopted pursuant thereto constitutes grounds for disciplinary action by the Board of Medicine. 26. Rule 64B (3), Florida Administrative Code, provides that the medical record 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 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. 27. In the alternative to the allegations set forth in subsections (a) through (c) of paragraph twenty-one (21) above, during Patient C.F.'s treatment period, Respondent failed to keep legible medical records which justified the course of treatment of Patient C.F., and/or failed to satisfy the DOH v. Andres Julio Mende, M.D.; Case Number of 11

9 requirements of Rule 64B F.A.C., in one or more of the following ways: a. By failing to document a specific treatment plan to follow-up on Patient C.F.'s complaint of continued abdominal pain on or about July 1, 2017; b. By failing to document discussing the results of the ultrasound performed on or about June 27, 2017, with Patient C.F.; and/or c. By failing to document timely referring Patient C.F. to a surgeon for further evaluation and/or possible surgical treatment of the echogenic foci with shadowing in her gallbladder, and possible gallstones. 28. Based on the foregoing, Respondent has violated Section (1)(m), Florida Statutes ( ), and/or Section (1)(nn), Florida Statutes ( ), by violating Rule 64B F.A.C. 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, DOH v. Andres Julio Mende, M.D.; Case Number of 11

10 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 21st day of May, Celeste Philip, MD, MPH State Surgeon General and Secretary of Health CLERK DATE FILED DEPARTMENT OF HEALTH DEPUTY CLERK tianrnifs Barbara L. Davis Assistant General Counsel Florida Bar Number: Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida (P): (850) (F): (850) (E): PCP Date: May 18, 2018 PCP Members: Georges El-Bahri, M.D; Sarvam TerKonda, M.D.; Brigitte Goersch DOH v. Andres Julio Menda, M.D.; Case Number of 11

11 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section and , 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 (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 (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 (5), Florida Administrative Code. Mediation under Section , 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 (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. Andres Julio Mende, M.D.; Case Number of 11