Disciplinary Action against Mitchell Ghen, D.O. (1993)


In 1993, Mitchell Ghen, D.O. of Delray, Florida, was charged with "gross or repeated malpractice or the failure to practice osteopathic medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances." The complaint stated that he had failed to obtain a timely pediatric consultation in the case of an 8-month-old infant with meningitis who developed severe brain damage. The case was settled with a consent agreement under which Ghen agreed to pay a $2,500 fine and undergo a practice review by an independent consultant.


STATE OF FLORIDA
DEPARTMENT Of BUSINESS AND PROFESSIONAL REGULATION
BOARD OF OSTEOPATHIC MEDICINE

DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION

PETITIONER

VS.

MITCHELL GHEN, D.O.,

RESPONDENT

CASE NO. 92-03430

ADMINISTRATIVE COMPLAINT

COMES NOW the Petitioner, Department of Business and Professional Regulation, hereinafter referred to as "Petitioner,” and files this Administrative Complaint before the Board of Osteopathic Medicine against Mitchell Ghen, D.O., hereinafter referred to as “Respondent,” and alleges:

1. Petitioner is the state agency charged with regulating the practice of osteopathic medicine pursuant to Section 20.30, Florida Statutes; Chapter 455, Florida Statutes; Chapter 458, Florida statutes, and Chapter 459, Florida Statutes.

2. Respondent is and has been at all times material hereto a licensed osteopathic physician in the State of Florida, having been issued license number OS 004280. Respondent's last known address is 15200 Carter Road, Delray Beach, Florida 33446.

3. Respondent is a Board certified general practitioner.

4 . On or about June 3, 1988, Patient #1, an eight (8) month old male, presented to Respondent with complaints of a cough, sputum production, and fever.

5. Respondent examined Patient #1, found him to be running a temperature of 102 to 104 degrees, and prescribed EryPed and Marax.

6. On or about June 10, 1988, Patient #1 presented to respondent with a temperature of 102 to 104 degrees.

7. Respondent examined Patient #1, diagnosed him with possible viral syndrome, rule out meningitis, and recommended he be taken to the hospital for further testing.

8. On or about June 10, 1988, Patient #1 presented to Wellington Hospital. Respondent admitted Patient #1 by telephone and requested a consultation from Dr. Daniel Kraft, a pediatrician.

9. Ms. Patricia Rosner, R.N., contacted Dr. Kraft and relayed respondent's request for a consultation. Dr. Kraft requested respondent contact him personally prior to his examination of Patient #1.

10. Respondent failed to contact Dr. Kraft regarding the consultation and failed to confirm that Dr. Kraft had performed the consultation.

11. On or about June 13, 1988, Dr. Shirley Marineau examined Patient #1, performed a spinal tap, And diagnosed Patient #1 with meningitis. Patient #1 subsequently developed severe brain damage as a result of bilateral cerebral infarction.

12. Respondent practices osteopathic medicine below the standard of care in that: Respondent failed to confirm that dr. Kraft had performed the requested consultation; respondent failed to contact Dr. Kraft regarding the consultation; and/or Respondent failed to diagnose and treat Patient #1 in an appropriate manner.

13. Based on the preceding allegations, Respondent violated Section 459.015 (1) (x) , Florida Statutes, gross or repeated malpractice or the failure to practice osteopathic medicine with that level of care, skill and treatment which is recognized by a reasonably prudent similar osteopathic physician as being acceptable under similar conditions and circumstances.

WHEREFORE, the petitioner respectfully requests the Board of Osteopathic Medicine enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate.

SIGNED this 9th day of July 1993.

George Stuart, Acting Secretary

COUNSEL FOR DEPARTMENT:

Francesca Plendl
Senior Attorney
Department of Business and Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
Florida Bar #765996 .
FP/nd
PCP: June 29, 1993
Hackenburg, Lancaster


STATE OF FLORIDA
DEPARTMENT Of BUSINESS AND PROFESSIONAL REGULATION
BOARD OF OSTEOPATHIC MEDICINE

DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION

PETITIONER

VS.

MITCHELL GHEN, D.O.,

RESPONDENT

CASE NO.92-03430

CONSENT AGREEMENT

MITCHELL GHEN, D.O. referred to as the "Respondent," and the Department of Business and Professional Regulation, referred to as "Department," stipulate and agree to the following Agreement and to the entry of a Final Order of the Board of Osteopathic Medicine, referred to as "Board," incorporating the Stipulated Facts and Stipulated Disposition in this matter.

STIPULATED FACTS

1. At all times material hereto, Respondent was a licensed osteopathic physician in the State of Florida having been issued license number OS 004280.

2. Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of Chapter 459, Florida Statutes, and the rules enacted pursuant thereto. A true and correct copy of the Administrative Complaint is attached hereto as Exhibit A

3 . Respondent neither admits nor denies the allegations of fact contained in the Administrative Complaint.

STIPULATED CONCLUSIONS OF LAW

1. Respondent admits that, In his capacity as a licensed osteopathic physician, he is subject to the provisions of Chapters 485 and 4S9, Florida Statutes, and the jurisdiction of the Department and the Board.

2. Respondent admits that the facts. set forth in the Administrative Complaint, if proven, would constitute violations of Chapter 4S9, Florida Statutes, as alleged in the Administrative Complaint.

STIPULATED DISPOSITION

1. FUTURE CONDUCT. Respondent shall not in the future violate Chapters 455, 459 and 893, Florida Statutes, or the rules promulgated pursuant thereto.

2. FINE. The Board shall impose an administrative fine in the amount of two thousand five hundred dollars ($2,500.00) against the Respondent. The fine shall be paid by the Respondent to the Board of Osteopathic Medicine within thirty (30) days of its imposition by Final Order of the Board.

3. LETTER OF CONCERN. The Respondent shall receive a Letter of Concern from the Board of Osteopathic Medicine. The proposed Letter of Concern will be submitted to the Board for its consideration along with this Consent Agreement.

4. QUALITY ASSURANCE CONSULTATION. An independent, certified risk manager will review respondent's practice prior to the Board's consideration of this agreement. Specifically, this consultant shall review all the procedures performed by respondent, during his daily practice. This consultant will prepare a report addressing Respondent's practice. This report will include suggested improvements of the quality assurance of the Respondent's practice. Respondent will submit to the Board this report and documentation that demonstrates his compliance with the suggestions enumerated in the consultant's report when the Board considers this Agreement.

5. RESPONDENT'S PRESENTATION TO THE BOARD. Respondent will present to the Board the facts in this case and enumerate the steps he has taken in his practice to avoid the recurrence of the same outcome as in this case.

6. It is expressly understood that this Agreement is subject to the approval of the Board and the Department. In this regard the foregoing paragraphs (and only the foregoing paragraphs) shall have no force or effect until a Final Order is entered incorporating the terms of this Agreement, by the Board.

7. Respondent shall appear before the Board at the meeting of the Board where this Agreement is considered. Respondent, in conjunction with the consideration of this Agreement by the Board, shall respond to questions under oath from the Board, Board Staff or Department Staff. Respondent shall be prepared to explain the circumstances involved in this matter and what measures have been taken to prevent a recurrence.

8. Should this agreement be rejected, no statement made in furtherance of this Agreement by the Respondent may be used as direct evidence against the respondent in any proceeding; however, such statements may be used by Petitioner for impeachment purposes.

9. Respondent and the Department fully understand that this joint agreement and subsequent Final order incorporating same will in no way preclude additional proceedings by the Board and/or the Department against the Respondent for acts or omissions not specifically set forth in the Administrative Complaint attached as Exhibit A herein.

10. Upon the Board's adoption of this Agreement, Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to challenge or otherwise contest the validity of the Agreement and the Final Order of the Board incorporating said agreement.

11. Upon the Board's adoption of this Agreement, the parties hereby agree that each party will bear his own attorney's fees and costs resulting from prosecution or defense of this matter. Respondent waives the right to seek any attorney's fees or costs from the Department in connection with this matter.

12. This Agreement is executed by the respondent for the purposes of avoiding further administrative action with respect to this cause. In this regard, Respondent authorizes the Board to review and examine all investigative file materials concerning Respondent prior to or in conjunction with consideration of the Agreement. Furthermore, should this Agreement not be accepted by the Board, it is agreed that the presentation to and consideration of this agreement and other documents and matters by the board shall not unfairly or illegally prejudice the Board or any of its members from further participation, considerations, or resolution of these proceedings.

Signed this 30th day of Aug. 1993.

______________________
Mitchell Ghen

______________________
George Stuart
Secretary

______________________
By: Larry G. McPherson, Jr.
Chief Attorney
Medical Secretary

This page was posted on July 24, 2004.

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