STATE OF FLORIDA DEPARTMENT OF HEALTH

Similar documents
STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. COMES NOW, Petitioner, Department of Health, by and through its

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH RESPONDENT. I ADMINISTRATIVE COMPLAINT. before the Board of Medicine against Respondent, Jack Norman Gay, M.D.

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. COMES NOW, Petitioner, Department of Health, by and through its

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

ADMINISTRATIVE COMPLAINT

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF NURSING

STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING

STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH. v. DOH Case Nos ; ; ; OSAKATUKEI 0. OMULEPU, M.D.

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

/13/2017

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES ADMINISTRATIVE COMPLAINT

STATE OF FLORIDA DEPARTMENT OF HEALTH ADMINISTRATIVE COMPLAINT. Petitioner, Department of Health (Department), files this

ADMINISTRATIVE COMPLAINT

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF NURSING FINAL ORDER. This matter appeared before the Board of Nursing at a dulynoticed

STATE OF FLORIDA DEPARTMENT OF HEALTH.

NAY Deputy Agency Clerk

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA BOARD OF NURSING. vs. Case No.: License No.: ARNP FINAL ORDER

STATE OF FLORIDA BOARD OF OSTEOPATHIC MEDICINE. vs. Case No.: License No.: OS 5165 FINAL ORDER

vs. DOH CASE NO.: LICENSE NO.: ME

STATE OF FLORIDA BOARD OF MEDICINE FINAL ORDER. THIS CAUSE came before the BOARD OF MEDICINE (Board)

STATE OF FLORIDA DEPARTMENT OF HEALTH

In re: ) ) NOTICE OF CHARGES Jorge David Flechas, M.D., ) AND ALLEGATIONS ) NOTICE OF HEARING Respondent. )

Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling. Information Packet.

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA DECISION

TRUE AND EXACT COPY OF ORIGINAL

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

STATE OF FLORIDA DEPARTMENT OF HEALTH

New Mexico Statutes Annotated _Chapter 24. Health and Safety _Article 1. Public Health Act (Refs & Annos) N. M. S. A. 1978,

Regulatory Council for Community Association Managers Telephone Conference Meeting Wednesday, December 6, 9:00 A.M. EST.

~/

STATE OF FLORIDA DEPARTMENT OF HEALTH

CHAPTER 18 INFORMAL HEARINGS

VERIFIED (INTERIM) EMERGENCY PETITION FOR TEMPORARY VARIANCE FROM ENFORCEMENT OF CERTAIN REQUIREMENTS OF

PATIENT RIGHTS TO ACCESS PERSONAL MEDICAL RECORDS California Health & Safety Code Section

STATE OF FLORIDA DEPARTMENT OF HEALTH

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and -

R.S. 37:3081. CHAPTER 41. DIETITIANS AND NUTRITIONISTS

STATE OF FLORIDA DEPARTMENT OF HEALTH

Example of how a Letter of Guidance and Letter of Concern is used by the Board of Medicine in the disciplinary process

PROTECTING YOUR MEDICAL LICENSE

PALO ALTO ACCOUNTABLE AND AFFORDABLE HEALTH CARE INITIATIVE

TRUE AND EXACT COpy OF ORIGINAL

NORTH CAROLINA VETERINARY MEDICAL BOARD

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Plaintiff, CASE NO.

Case 3:14-cv JWD-RLB Document 1 08/22/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

MEDICAL LICENSURE COMMISSION OF ALABAMA ADMINISTRATIVE CODE CHAPTER 545 X 6 THE PRACTICE OF MEDICINE OR OSTEOPATHY ACROSS STATE LINES

vs. DOH CASE NO.: DOAH CASE NO.: PL LICENSE NO.:

State of Florida Department of Health. Board of Osteopathic Medicine. Application for Registration as an Osteopathic Physician in Training

STATE OF FLORIDA DEPARTMENT OF HEALTH

HIV, HBV, and HCV prevention program; purpose and scope.

SACRAM,E;NT~r 1 20.J:J_

Agency for Health Care Administration

STATE OF RHODE ISLAND

244 CMR: BOARD OF REGISTRATION IN NURSING

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

Part 2620 Radiologist Assistants. Part 2620 Chapter 1: The Practice of Radiologist Assistants

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540-X-19 PAIN MANAGEMENT SEVICES TABLE OF CONTENTS

IN THE CIRCUIT COURT OF THE 15 th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA

CHAPTER 29 PHARMACY TECHNICIANS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE DRH20205-MG-112 (03/24) Short Title: Enact Death With Dignity Act. (Public)

Florida Statute - Chapter 64B7

FLORIDA BOARD OF NURSING

ALABAMA DEPARTMENT OF MENTAL HEALTH BEHAVIOR ANALYST LICENSING BOARD DIVISION OF DEVELOPMENTAL DISABILITIES ADMINISTRATIVE CODE

Florida Laws & Rules 2015 FOMA Mid-Year Seminar Grand Hyatt Tampa Bay September 20, :30 a.m.

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. Jury Trial Demanded COMPLAINT

State of Florida Department of Health. Board of Osteopathic Medicine. Application for Registration as an Osteopathic Physician in Training

NO TALLAHASSEE, June 30, Mental Health/Substance Abuse

CHAPTER MEDICAL IMAGING AND RADIATION THERAPY

ADVANCED HEALTH CARE DIRECTIVE OF LAWRENCE HALL JR.

ALABAMA BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS ADMINISTRATIVE CODE CHAPTER 620-X-7 LICENSES TABLE OF CONTENTS

CHAPTER 64B9-6 INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE

104 CMR: DEPARTMENT OF MENTAL HEALTH 104 CMR 27.00: LICENSING AND OPERATIONAL STANDARDS FOR MENTAL HEALTH FACILITIES

PETITION FOR DISSOLUTION OF SUMMARY SUSPENSION. , hereinafter referred to as Respondent, by and

CHAPTER 26. PHYSICAL THERAPY AND ATHLETIC TRAINING

Chapter II OVERVIEW OF THE MEDICAL BOARD OF CALIFORNIA

BEFORE THE MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA DECISION AND ORDER

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS OF HEALTH CARE SERVICES BOARD OF MEDICINE DISCIPLINARY SUBCOMMITTEE

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

DISCIPLINE COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO. - and -

Medical Errors. Christopher L. Nuland, Esq. September 10, 2016

Transcription:

STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, CASE NO. 2011-15106 JOHN LUTHER LENTZ, JR., M.D., RESPONDENT. ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, by and through its undersigned counsel, files this Administrative Complaint before the Board of Medicine against Respondent, John Luther Lentz, Jr., 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 ME 82437.

3. Respondent's address of record is 15200 Emerald Coast Parkway, St. Maarten Unit 506, Destin, Florida 32541. 4. At all times material to this Complaint, Respondent was Board certified in Family Medicine. 5. From on or about September 28, 2010, through on or about February 28, 2012, the Respondent provided medical care and treatment to patient C.C., a twenty-seven to twenty-eight year old female. 6. On or about September 28, 2010, the Respondent evaluated patient C.C. for complaints of severe back, buttock, and right leg pain. 7. On or about September 28, 2010, the Respondent, diagnosed patient C.C. as having chronic fatigue syndrome and chronic pain syndrome. 8. On or about September 28, 2010, the Respondent, prescribed CD57, C3a, C4a, and eosinophilic cationic protein laboratory tests of patient C.C.'s blood. 9. Respondent did not prescribe an immunoassay test or a Western blot test for Borrelia burgdorferi for patient C.C. DOH v. John L Lent, M.D. Case Number 2011-15106 2

10. On or about October 15, 2010, the Respondent diagnosed patient S.H. with Lyme disease. Lyme disease is an infectious disease caused by the bacteria Borrelia burgdorferi. 11. At all times material to this Complaint, patient C.C. did not have objective laboratory test results for the diagnosis of Lyme disease. 12. On or about October 15, 2010, the Respondent diagnosed patient C.C. with and Babesiosis. Babesiosis is a parasitic disease of the blood caused by infection with Babesia. 13. Babesia infection is diagnosed by identification of Babesial parasites in a blood smear or by PCR amplification of Babesial DNA. 14. Respondent did not prescribe a blood smear examination for Babesial parasites or PCR amplification for Babesial DNA for patient C.C. 15. At all times material to this Complaint, patient C.C. did not have objective laboratory test results for the diagnosis Babesiosis. 16. On or about October 18, 2010, the Respondent referred patient C.C. to a specialist for venous port placement for the administration of intravenous antibiotic therapy. 17. Beginning on or about October 18, 2010, Respondent prescribed long term intravenous antibiotic therapy to patient C.C. Case Number 2011-15106 3

18. At all times material to this Complaint, Patient C.C. did not have a medical condition that justified the long term intravenous antibiotic therapy prescribed by the Respondent. 19. Respondent prescribed inappropriate intravenous antibiotics in excessive amounts for inappropriate periods of time to patient C.C. 20. Beginning on or about October 18, 2010, Respondent prescribed oral antibiotic therapy to patient C.C. 21. At all times material to this Complaint, Patient C.C. did not have a medical condition that justified the oral antibiotic therapy prescribed by the Respondent. 22. Respondent prescribed inappropriate oral antibiotics in excessive amounts for inappropriate periods of time to patient C.C. 23. From on or about October 19, 2010, Respondent prescribed the anticoagulant heparin to patient C.C. 24. At all times material to this Complaint, patient C.C. did not have a medical condition that justified the Respondent prescribing the anticoagulant heparin. 25. Respondent inappropriately prescribed heparin to patient C.C. Case Number 2011-15106 4

26. Respondent did not refer patient C.C. to a specialist in the diagnosis and treatment of infectious diseases such as Lyme disease and Babesiosis at any time during Respondent's care and treatment of patient C.C. 27. The standard of care required Respondent to obtain an immunoassay test and a Western blot test that provided objective laboratory test results confirming the presence of Borrelia burgdorferi antibodies to make an evidence based diagnosis of Lyme disease, obtain objective laboratory test results identifying Babesial parasites in a blood smear or by PCR amplification of Babesial DNA to make an evidence based diagnosis of Babesiosis, refer patient C.C. to an infectious diseases specialist for evaluation of patient C.C. and, if confirmed, the treatment of Lyme disease and/or Babesiosis, and not prescribe the intravenous and oral antibiotics and anticoagulant heparin as prescribed by the Respondent. COU NT I 28. Petitioner re-alleges paragraphs one (1) through twenty-seven (27) as if fully set forth herein. 29. Section 458.331(1)(t), Florida Statutes (2010-2011), provides that committing medical malpractice as defined in Section 456.50, Florida Case Number 2011-15106 5

Statutes, constitutes grounds for disciplinary action by the Board of Medicine. The Board shall give great weight to the provisions of Section 766.102, Florida Statutes, when enforcing Section 458.331(1)(t), Florida Statutes. Medical Malpractice is defined in Section 456.50, Florida Statutes, as 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, provides that the prevailing professional 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. 30. Respondent failed to practice medicine with 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 in violation of Section 458.331(1)(t), Florida Statutes (2010-2011), in the care and treatment of patient C.C. in one or more of the following ways: Case Number 2011-15106 6

a. By diagnosing Lyme disease without objective laboratory test results from immunoassay test and a Western blot test; b. By diagnosing Babesiosis without objective laboratory test results from a blood smear examination for Babesial parasites or PCR amplification for Babesial DNA; c. By prescribing surgery for placement of an venous port for administration of intravenous medication; d. By prescribing inappropriate and excessive intravenous antibiotic therapy without medical justification; e. By prescribing inappropriate and excessive oral antibiotic therapy without medical justification; and f. By prescribing the anticoagulant heparin without medical justification. 31. Based on the foregoing, Respondent has violated Section 458.331(1)(t), Florida Statutes (2010-2011) by committing medical malpractice. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: DOH v. John L. Lent, M.D. Case Number 2011-15106 7

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, 2013 John H. Armstrong, MD, FACS, FCCP State Surgeon General & Secretary of Health, State of Florida FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Anget,Sanders G DATE AU 1 u 2013 John Fricke, Jr. As 'ant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No.: 0901910 (850) 245-4640 Business (850) 245-4681 Facsimile Johnfrickejr@doh.state.fl.us JBF/sem PCP Date: August 16, 2013 PCP Members: Dr. Avila, Dr. Averhoff, and Mr. Dyches Case Number 2011-15106 8

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. 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. Case Number 2011-15106 9