IN AND BEFORE THE OKLAHOMA STATE BOARD OF MEDICAL LICENSURE AND SUPERVISION

STATE OF OKLAHOMA

STATE OF OKLAHOMA, ex reL OKLAHOMA STATE BOARD OF MEDICAL LICENSURE AND SUPERVISION,

Plaintiff,

FILED JUN 2 2 2020

OKLAHOMA STATE BOARD OF MEDICAL LICENSURE & SUPERVISION

v.

) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 19-07-5786

KATHERINE M. MOXLEY, M.D., LICENSE NO. MD 24012,

Defendant.

VERIFIED COMPLAINT

The State of Oklahoma, ex ref. Oklahoma State Board of Medical Licensure and Supe1vision ("Board"), for its Verified Complaint against Katherine M. Moxley, M.D. ("Defendant"), alleges and states as follows:

I. JURISDICTION

1. The Board has jurisdiction over the subject matter and is a duly authorized agency of the State of Oklahoma empowered to license and oversee the activities of physicians and surgeons in the State of Oklahoma. 59 O.S. § 480, et seq. and Okla. Admin. Code 435 :5-1-1 et seq.

2. In Oklahoma, Defendant holds medical license no. 24012, issued July 1, 2005 .

3. The acts and omissions complained of herein were made while Defendant was acting as a physician pursuant_ to the license conferred upon her by the State of Oklahoma. Such acts and omissions occurred within the physical territory of the State of Oklahoma.

II. ALLEGATIONS OF UNPROFESSIONAL CONDUCT

4. This action arises out of complaint from a patient who alleges that the Defendant petformed a wrong site surgery on the patient on or about the 61

h day of December, 2017 .

5. The patient, a 58-year-old female diagnosed with basal cell carcinoma of the left labia majora, had previously consented to a Modified Radical Vulvectomy of the left labia majora to be perf01med by the Defendant. Rather than perf01ming said procedure on the left labia majora, the Defendant incorrectly performed the procedure on the patient ' s right labia majora, the tissue of which was negative for dysplasia or malignancy as confirmed by post-operative laboratory testing.

Page I of4 Verified Complaint; 19-07-5786 Katherine Marie Moxley, MD 24012

6. On the 7th day of December, 2017, the patient contacted the Defendant with concerns that her incision was on the tissue of the right labia, rather than that of the left. After conferring with the patient, Defendant admitted and confirmed that Defendant had mistakenly operated on the wrong site. A repeat surgery was scheduled and, at the repeat surgery, Defendant successfully performed a modified vulvectomy of the left labia majora as was originally intended.

7. On March 27, 2019, a claim was paid for $150,000.00 by Defendant' s malpractice carrier according to a National Practitioner Data Bank (NPDB) report concerning said incident and a complaint resulting therefrom, ofwhich action the Board of Medical Licensure and Supervision ("The Board") was noti tied. On May 31 , 20 19, the complaint was reviewed. On June 14, 2019, a Notification Letter was sent requesting a response from the Defendant concerning the facts and circumstances resulting in the paid claim. Defendant provided a letter, received on July 16, 2019, wherein Defendant admits to mistakenly performing surgery resulting in removal of the patient ' s right labia majora rather than the left labia majora. Defendant' s letter also described the circumstances and events leading up to and surrounding the surgery from Defendant' s perspective, and described steps subsequently taken to prevent similar mistakes in future surgical procedures.

8. On July 26t11, 2019, a formal investigation was initiated. On July 30th, 2019, a subpoena

duces tecum was issued to the OU Health Sciences Center for the complete medical records relating to the surgery at issue. Said records were reviewed upon receipt.

9. According to the records, several errors were made by the Defendant:

a. The Defendant performed the surgery on the wrong site.

b. The consent, dated the 30th day of November, 2017, signed by the patient, the Defendant, and an LPN , did not specify which side was to be operated on which, had it done so, could have helped the operating room staff verify the correct side for surgery.

c. The Defendant did not sign the operative site which, had she done so, could have helped the operating room staff verify the correct side for surgery. Additionally, because the operative site was never signed, there was no opportunity for verifying by cross-checking the paperwork with the signed site prior to making the first InCISIOn.

d.

e.

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A proper "time out" was not performed, during which a review of the operative permit, the patient's chart, and verification from the surgical team would have taken place and could have prevented the wrong site surgery.

There was no completed History and Physical in the patient's chart prior to the patient being brought into the operating room which, had there been, could have helped the operating room staff verify the correct side for surgery.

Verified Complaint; 19-07-5786 Katherine Marie Moxley, MD 24012

III. VIOLATIONS

10. Based on the foregoing, Defendant is guilty of unprofessional conduct as follows :

a. Conduct likely to deceive, defraud, or harm the public, in violation of Okla. Admin. Code§ 435:10-7-4(11);

b. Gross or repeated negligence in the practice of medicine and surgery in violation of Okla. Admin. Code § 435:1 0-7-4(15).

c. Any adverse judgment, award, or settlement, or award arising from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section in violation of Okla. Admin. Code§ 435: 10-7-4(34).

V. CONCLUSION

Given the foregoing, the undersigned respectfully requests the Board conduct a hearing, and, upon proof of the allegations contained herein, impose such disciplinary action as authorized by law, up to and including suspension or revocation and any other appropriate action with respect to Defendant's professional license, including an assessment of costs and attorney's fees incurred in this action as provided by law.

Page 3 of4

Respectfully submitted,

(]~~07 Assistant Attorneys General OKLAHOMA STATE BOARD OF M EDICAL

LICENSURE AND SUPERVISION

101 N.E. 5JS1 Street Oklahoma City, Oklahoma 73105 405.962.1400

Verified Complaint; 19-07-5786 Katherine Marie Moxley, MD 24012

VERIFICATION

I, Melissa Davis, RN, under penalty of perjury, under the laws of the State of Oklahoma, state as follows:

1. I have read the above Complaint regarding Katherine Marie Moxley, M.D.; and

2. The factual statements contained therein are true and correct to the best of my knowledge and belief.

~· ~A.q A// Me issa Davis, RN, Investigator OKLAHOMA STATE BOARD OF MEDICAL

LICENSURE AND SUPERVISION

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Verified Complaint; 19-07-5786 Katherine Marie Moxley, MD 24012