COPY COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF STATE BEFORE THE STATE BOARD OF MEDICINE

Commonwealth of Pennsylvania, Bm·eau of Professional and Occupational Affairs

vs.

Kam.al K. Pourmoghadam, M.D., Respondent

. .

Docket No. 0963-49-13 File No. 15-49--04334

CONSENT AGREEMENT AND ORDER

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The Commonwealth and Respondent stipulate as follows in settlement of· the above-

captioned case.

l. This matter is before the State Board of Medicine ("Board") pursuant tD the Medical

Practice Act, Act of December 20, 1985, P.L. 457, No. 112, as amended ("Act"), 63 P.S. §422.1

2. At all relevant and material times, Kamal K. Pourmoghadam ("Respondent") held a

license ID practice medicine and surgery in the Commonwealth of Pennsylvania, license no. :MD-

067818-L.

3. Respondent admits that the following facts are tme:

a. Respondent's license is active through December 31, 2016, and may be

renewed thereafter upon the filing of the appropriate docwnentl!rion and payment

of the necessary fees.

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b. Respondent's last .known address on file with the Board is Arnold

Palmer Hospital for Children Heart C-entcr, 92 W. Miller Street, Orlando, FL

32806.

c. On or about September 12, 20_14, the State of Florida, Department of

Health, filed an Administrative Complaint in the matter ofDeoartment of Health,

Petitioner v. Kamal K. Pourmoghadam. M.D .. Respondent at Case No .. 2013-

08247.

d. A true and correct copy of the Administrative Complaint referenced in

paragraph 3c is anached and incorporated as 1Wu1lit A

e. On or about Februar1 .3,2015, the State uf Plorida, Department of

Health, approved a Settlement Agreement in the matter of Denartment of Health.

Petitioner v. Kama! K. Pounnoghadam, M.D .. Resoondent at Case No. 2013-

08247.

f. A true and correct copy of the Settlement Agreement referenced in

paragrapji 3e is attached and incorporated as Exhibit B.

g. On or about April 22, 201 5, the Florida Board of Medicine issued a

Final Order in the matter of Department of Health, Petitioner v. Kamal K.

Poumtogh&dam. M.D .. Resoondent at Case No. 2013-08247.

h. A true and correct copy of the Final Order referenced in paragraph 3g

is attached and incorporated as Exhibit C.

i. The Florida Board of Medicine ordered the Respondent to pay a fine of

$30,000.00; and Respondent was ordered to complete continuing medical

education and present a lecture/seminar on wrong site surgery, along with other

terms and conditio.ns.

4. The actions of Respondent, described above, violated the Act at 63 P.S. §422.41(4) in

that Respondent had disciplinary action taken by the proper licensing authority of another state

against his I icense to practice the profession.

5. Intending to be legally bound, the participants consent to issuance of the following

Order in settlement of this matter:

a. Respondent violated the Act at 63 P.S. §422.41(4) in that Respondent

had disciplinary action taken by the proper licensing authority of another state

agafost his license to practice the professlon.

b. Respondent shall pay a ClVIL PENALTY of$10,000.00 by cashier's

check, certified check, U.S. Postal money order or attorney's check, valid no.less

than 90 days from date of issuance and made payable to "Commonwealth of

Pennsylvania." Respondent shall return the full Civil Penalty with the signed

Consent Agreement.

ADMISSIBILITY OF CONSENT AGREEMENT tN FUTURE PROCEEDINGS

6. Respondent agrees that if Respondent is charged with a violation of an Act enforced

by this Board in tbe future, this Consent Agreement and Order shall be admitted into evidence

without objection in that proceeding.

ACKNOWLEDGMENT OF RlGllT TO ATTORNEY

7. Respondent acknowledges that he is aware that he has the right to consult with, and/or

be represented by, private legal counsel of Respondent's choosing and at Respondent's expense

when reviewing, considering and accepting the terms of this Consent Agreement. To the extent

that Respondent is not represented by legal oounsel, Respondent has knowingly elected to

proceed without the assistance of legal counsel.

WAIVER OF CLAIM OF COMMINGLJNG AND OTHER CONSTITUTIONAL CLAJMS

8. Respondent expressly waives any oonstitutional rights and issues, such as

oommingling of prosecutorial and adjudicative functions by the Board or its oourisel, which may

arise or have arisen during the negotiation, preparation and/or presentation of this ConSent

Agreement. Respondent specifically agrees that if the Board rejects this agreement, it may

assume that the facts and avennents as alleged in· this Consent Agreement are true and correct for

the limited purpose of recommending a sanction, based on those assumed facts that would be

acceptable to the Board before hearing the case. ln the event that the Board does assume the

facts and averrnents a8 alleged in this Consent Agreement are true for purposes of making a

recommendation as to an acceptable sanction, such action shall not constitute commingling of

prosecutorial and adjudicative functions by the Board or its counsel, and the Respondent

expressly waives any constitutional rights and issues related to alleged commingling, bias, or

violation of due process rights to have an w1biased and impartial adjudicator in any subsequent

hearing. If a hearing is subsequently held, neither this Consent

Agreement nor the proposed temis of settlement may be admitted into evidence and any facts,

averments, and allegations contained in the Consent Agreement must be proven at hearing unless

otherwise separately stipulated. This paragraph is binding on the participants even if the Board

does not approve this Consent Agreement.

NO MODIFICATION OF ORDER

9. Respondent agrees, as a condition of entering into this Consent Agreement, not to

seek modific,ation at a later date of the Stipulated Order adopting and implementing this Consent

Agreement without first obtaining the express written concurrence of the Prosecution Division.

AGREEMENT NOT BJNDING ON OTHER PARTIES

I 0. The Office of General Counsel has approved this Consent Agreement as to form and

legality; however, this Consent Agreement shall have no legal effect wtless and until the Board

issues the stipulated Order.

EFFECT OF BOARD'S RE.JECTION OF CONSENT AGREEMENT

11. Shou1d the Board not approve this Consent Agreement, presentation to and

consideration of this Consent Agreement and other documents and matters by the Board shall not

prejudice the Board or any of its members from further participation in the adjudic-11tion of this

matter. This paragraph is binding on the participants even if the Board does not approve this

Consent Agreement.

ENTIRE AGREEMENT

12. This agreement contains the whole agreement between the participants; provided

however, that the captions printed in the various provisions of this agreement are for ease of

reading only and are not to be interpreted as fonning any part of this agreement. There is no

other terms, obligations, covenants, representations, statements or conditions, or otherwise, of

any kind whatsoever concerning this agreement.

VERIFICATION OF FACTS AND STATEMENTS

13. Respondent verifies that the facts and statements set forth in this Consent Agreement

are true and correct to the best of Respondent's knowledge, information and belief. Respondent

Wlderstands that statements in this Consent Agreement are made subject to the criminal penalties

of 18 Pa.C.S.A. §4904 relating to unswom falsification to iiuthorities.

XtithE. Bashore, Esq. Prosecuting Attorney DepartnlentofStaJ:e

DATED: f!S~~

Kamal K. Pourmoghad Respondent

k L. Mattioli, Esq. Attorney for Respondent

DATED: q /11/?..o IS-

11080

STATE OF FLORIDA DEPARTMENT OF HEAL TH

DEPARTMENT OF HEALTH,

PETITIONER,.

EXHIBIT A

v. CASE NO. 2013~08247

KAMAL K. POURMOGHADAM, M.D.,

RESPONDENT.

APMINISTRATIVE COMPLAINT

Petftioner, Department of Health, by and through its

undersigned counsel, files this Admlnistrative Complaint before the

Board of Medicine against Respondent, Kamal K. Pourmoghadam,

M.D., and in support thereof alleges:

1. Petitioner is the state department charged with regulatlng

the practice of medicine pursuant to Section 20.43, Florida Statutes(

Chapter 456, Florida St:aMes; and Chapter 451:], Florida Statutes.

2. At all times material l'O this Complaint, Respondent was a

licensed mooical doctor within the State of Florida, having been

issued license number ME68295.

I DOH Y" ICAMAL K. POURMOOHADAM. M.D .. CASE NO. 2013·04!:247

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3. Respondent's address of record is 1222 South Orange

Avenue, Orlando, Florida 32806.

4. Respondent is board certified' in thoracic and cardiac

surgery by the Ameriran Board of Thoracic Surgery and in and

general surgery by American Board of Surgery.

5. On March 20, 2013, Patient J.S., a then 11 year old male,.

preseited \'() Respondent at Orlando Regional Medfcal Center with

severe aortic valve insufficiency with significant dilation of the left

ventricle and Jncreased lelt ventrirular e~d diastolic volume.

6: J.S.'s guardians consented to a procedure for the Implant

of a mechanical aortic valve for J.S to be performed by Respondent

on Mardt 20, 2013.

7. I nstead of Inserting the correct valve in the correct a·ortic

position during the March 20, 2013, prOCedure, Respondent

implanted J.S. wlth a mltral value in an improper poSltion.

8. Respondent failed IP dleck the valve before Implantation

on March 20, 2013, to make sure the valve that Respondent was

implanttng in J.S. was the correct valve.

2 DOH"'· KAMAL JC POURMOOHADAM, MD., cP.SB NO. 2013·082'47

11082

9. Respondent falled to check the valve Respondent was

implanting in J.S. on March 20, 2013, to make sure the valve leaflets

moved in the mrrect direction.

10. Respondent failed to test the valve following implantation

in the aortic position prior to closing J.S.'s. aorta on March 20, 2013.

11. After Respondent completed the March 20, 2013, valve

Implant procedure, J.S. <nntinued to require c.ardlopulmonary support

for left ventrirular dysfunction, and experienced acute renal failure,

fX!lrncnary edema, ·pulmonary hemorrhage, and cnplous bleeding

requiring t:r.ans!lJSlon.

12. J.S.'s a:mdltion continued to decline after the Maren 20,

2013, procedure.

13. On March 23, 2013, Respondent conducted an additional

procedure and explanted the mitral valve that Respondent improperly

implanted lnro J.S. at the March 20, 2013, surgery, and replaced it

with a Mosaic #21 aortic bioprothestlc valve.

14. Respondent did not dorument that he implanta;I. the

incorrect valve· Jn an Incorrect position In any of J.S.'s treatment

records.

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11083

15. After the Match 23,· 2013, procedure, J.S. continued to

experience p()or left ventride systolic function and ultimately J.S. was

transferred to another facility on March 28, 2013, where J.S. expired

on April 26, 2013.

16. Respondent failed to properly and timely diagnose that

Respondent implanted the incorrect valve in an Incorrect position

during J.S.'s March 20, 2013, procedure.

17. A reasonably prudent physician would have checked to

ensure that the correct valve was used for J.S.'s March 20, 2013,

procedure.

18. A reasonably prudent physician would have appropriately

-tested the valve before sutl.!ring the valve In J.S. on March 20, 2013.

19. A reasonably prudent physician would have examlnerl the

valve after implanting it In J.S. during the March 20, 2013, procedure

to ensure that the valve was performing correctly prior to closlng the

aorta.

20. A reasonably prudent physician would have timely and

properly diagnosed and treated the cause of J.S.'s crltlcaf dedlne

after the Mardi 20, 2013, procedure.

4 DOH-.. KAMAI. Jt. l'OURMOOHADAM, J\f.JJ., CASI! N D. 2013-0824?

11084

COUNT ONE

21. Petitioner relies on and incorporates Paragraphs 1

through 20 set forth above as though fully set forth herein at length.

22. J.S.'s representatives consented to Respoodent

performing a .mechanical aortic valve implant on J.S. on Mardi 20,

2013.

23. Instead of performing the correct procedure on March 20,

2013, Respondent implanted J.S. with a mltral value in an Improper

position .

. 24. .J...S..'.s .representatives did not authorize Respondent to

implant J.S. with a mltral vafve In an improper position.

-25. Section 456.072(1)(bb), Florida Statutes (2012), provides

that performing or attempting to perform health care services

(lndudlng the preparation of the patient) 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 th~ patient's diagnosis or medical ronditlon ts grounds

for dlsdplinary action by the Board of Medicine.

26. On or about March 20, 2013, Respondent performed an

s D01i "'- l(Afl(Al-J(. POUXMOOllADAld, M.D. CASll NO. 2013-08247

11085

unauthorized mitral valve implant in an improper position {the wrong

procedure) on Patient J.S. instead of properly implanting a

mechanical aortic valve (the correct procedure).

27. Based on the foregoing, Respondent violated Section

456.072(1)(bb), Florida Statutes· (2012) by performing an

unauthorized and wrong procedure on J.S.

COUNT TWO

28. Petitioner relies on and incorporates Paragraphs 1

through 20 set forth above as though fully set forth herein at length.

· 29. Section '458.331(1){t)(1), Florida Statutes (2012),

subjects a doctor to disdpllne for committing medical m.alpractlce as

defined In Section 456.50. Section 456.50, Flortda Statutes, defines

medical malpractfce as the faflure to practice medicine in a.ccordance

with the level of care, skill, and treatment recognized In general law

related to health care Jicensure.

30. The level of care, skill, and treatment recognized 'in

general law .related to health care licensure means the standard of

care specified In Section 766.1-02. Section 766.102(1), Ronda

Statutes, defines the standard of care to mean " ... The prevalllng

6 DOH.._ KAMAL K. PO~OOHADAM, M.P.CASSNO. 2013-08241

11086

professional standatd of care for a given health care provider shaii be

tllat I.eve! 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 . . . . "

31. Respondent fell below the acceptable standard of care in

his treatment of J.S. in one or more of the following ways:

a; By falling 1D ensure that the correct valve was used

for J.S.'s March 20, 2013, procedure;

b. By falling 1D examine the valve by appropriately

tes!J_ng the valve before suturing the valve in place· in J.S.;

c. By fafllng 'ID examine the valve after 'implanting it in

J.S. to determif1e whettier the· valve was performing correctly

prior tn dostng J.S.'s aorta; and/or

d. By faillng 1D properly and timely diagnose arid treat

the cause of J.S.'s crttical dedine after the March 20, 2013,

p-ocedure.

33. Based on the foregoing, Respo·ndent vlolated Section

458.331{1)(t)(1), · Florida Statutes (2012), by committing medfcal

malpractice.

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11087

COUNT THREE

34. Petitioner relies on and incorporates Paragraphs 1

through 20 set forth above as though fully set forth herein at length.

35. section 458.331(1)(m), Florida Statutes (2012), subjects

a licensee to discipline fur falling to keep legible, as defined by

department rule in consultation with the board, medical records that

jUStify the course of treatment of the patient, 'including, but not

limited to, patient histories; examination results; test results; records

of drugs prescribed, dispensed, or administered; and reports of

consultations and hospitalizations.

36. Respondent failed to keep legible medical records that -

justified Respondent's course of t reatment of Patient J.S., by falling to

document, in any of J.S.'s treatment records, that Respondent

implanted the incorrect valve in an Incorrect position during the

March 20, 2013, procedure.

37. Based on the foregoing,· Respondent violated Section

458.331(1)(m), Florida Statut:es (2012}, by fallfng to keep legible ·

medical reccx-ds that justify the course of treatment of Patient J.S.

8 OOH v.o. KAMAL K. POl.Jl!MOGHADAM, M.J>., CASE NO. 2013·0!247

11088

WHEREFORE, Petitioner respectfully requests that the Board

of M~lcine enter an order imposing one or more of the following

penalties: pennanent revocation or. suspension of Responde(lt's

license, restriction of practice, Imposition of an administrative fine,

issuance of a .reprimand, placement of 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 7/ Vday of ~ , 2014.

MGB

John H. Armstrong, M.D., FACS State Surgeon General and Secretary of Health

. Fricke, J~. stant General Counsel

Florida Bar #0901910 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32.399-3265 (850) 245 4144 x 8114 (850) 245-4681 PAA . John.frickej_r@flhealth.gov

PCP Date: September 12, 2014 PCP Members: Dr. Avila, Dr. Lage, ad Ms. Di Pietro

0011 V<. lCAM.Al. K . ?OtJRMOGHADAM. M.0 .. CA.SI! NO. 2013·08247 9

11089

NOTlCE OF RIGHTS

Respondent has t'1e right to request a hearing to be conducted in acc:()rdance 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 tecurn Jssued on his or her behalf if a hearing is requested.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent ls placed on notice that Petitioner has incurred ~sts related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statut.es, the Bo<!rd shall assess costs related to the investigation and prosecution of a disciplinary matter, which may indude attorney hours and oost.s, on the Respondent in addition to any other discipline 111:1posed.

10 DOff YJ. XAMAL IC. FOUAAIOOHADAM, M.D. C/\$8 NO. :W!Hli2~7

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STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

Petitioner,

EXHIBIT B

v. DOH Case No. 2013-08247

KAMAL KHALIU POURMOGHA_DAM, M.D.,

Respondent.

SJ;T!UoMENT AGREEMENT

Kamal Khalili Pourmoghadam, M.D., referred to as the "Respondent,• and tJ1e

Department of Health, referred .. to as the "Department," stipulate and agree to the

following Settlement Agreement(" Agreement") and to the entry of a Anal Order of the

Board of Medicine, referred IP as die "Board," incorporating the stipulated Facts and

Stipulated Disposition ln this matter.

The Department Is · the state agency charged witll regulating the practice of

medicine pursuant to Sect!on 20.43, Aorida Statutes, and Oiapters 456 and '158,

Aorida Statutes.

SilPU!.AIED FACTS

1. At all times material tiereto, Respondent was a licensed physician in the

State of Florida having been Issued license number ME 68295.

2. The Department charged Respondent With an Administrative Complaint

that was filed an·d .properly served upon ReSpoodent allegtng violations of O!aprers 456

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and 458, P!orida Stab.Jtes, and the rules adopted pursuant thereto. A true and oorrect

i:opy of the Administrative Complaint is attached hereto as Exhibit A.

3. For purposes of these pro<:eedings, Respondent neither edmlts nor denies

the allegatlons of fact contained In the Administrative Complaint

SUPULAJ'ED CONCLUSIONS OF LAW

1. Respondent admits that, in his capacity as a lice11sed physidan, he Is

subject to the provisions of Chapl2rs 456 and 458, Florida Stab.Jtes, and the jurisdiction

of the Department and the Board.

2. Respondent admits that the facts alleged in the Administrative Complaint,

lf proven, would constitute vlofatlons of Oiaprers 456 and 458, Aortda Statutes.

3. Respondent agrees that the stipulated Disposition· In this case is fair,

appropriate, and acceptable to Respondent.

STIPULAT.ED DISPOSITION

-1. Letter Of Concern - The Board shall issue a Letter of Concern against

Respondent's license.

2. Fina· The Board shall impose an administrative fine of Tbirty Thousand

Dollars and No OJnts ($30,000.00) against Respondent's license which Respondent

shall pay to: Payments, Department of Health, Compllance Management Unit, Bin C-76,

P.O. Box 6320, Tallahassee, Fl 32314-6320, within thirty (JO) days from the date of

filirig of the Anal Order accepting this Agreement ("Anal Order"). A!! fl nes shall be

paid by cashier's check or money order: Any change in the terms of payment of

boH \#, Y.amal Khalil Ptumoghadam. f4.D., Qse N!Jn'Dllr 2.DI3-08247 Medical Setderoonl Agil'ecment

11072·-"I··

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any fine. imposed by the Board must be app1-oved in a<ivance by the Probation

committee of the Board·

RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF me

FINE IS HIS LEGAL OBUGAllON ANO RESPONSIBILITY AND RESPONDENT

AGREES TO CEASE PRACTICING XF THE FINE IS NOT PAID AS AGREED IN

THIS SErrLEMENT AGREEMENT. SPECIFICALLY, IF RESPONDENT HAS NOT

RECfil/ED WRilTEN CONFIRMATION WITHIN ~ DAYS OF THE PATE OF

FILING OF TiiE FINAL ORDER THAT THE AJLL AMOUNT OF THE FINE HAS

BEEN RECEIVED BY THE BOARD OFFICE, RESPONDENT AGREES TO CEASE

PRACTICE UI\!lIL RESPONDENT RECEJVES SUCH WRJITEN CONFIRMATION

FROM THE BOARD.

3. R,.elmbursement of Q>stS * Pursuant to section 456.072, Florida

Statutes, Respondent agrees ID pay the Department for the Department's costs incurred

in the investiga~on and prosecution of this case {"Department costs"). Such costs

exducle the costs of obtaining supervision or monitoring of the practice, the cost of

quality assurance reviews, any other costs Respondent incurs to comply with the Final

Order, and tile Board's administrative costs directly. associated with Respondent's

probation, if any. Respondent agrees that the amount of Department costs to be paid

In this case is Eight Thousand Nine Hundred Eighty-One Doi/am and Eighty·

Four Cents ($8;981.84), but shall not exceed Ten Thousand Nine Hundred

Eighty-:One Dollars and Eighty-Four Cents ($.tQ,,!JS.t.84). Respondent wlll pay

such Department rosts to: Payments, Department of Health, Compliance Management

bo11 v. Karna I KJi<i:lUI Pcurmoghad,,m, 1-1.0v Case Number 2013•08247 t\edk:al Stt:tlcmtottt A9feement

11073·"4·-

Unit, Bin C-76, P.O. Box 6320,. Tarlahassee, FL 32.314-6320, within thirty (30) days

from the date of filing of the Anal Order. Al I costs sha II be paid by cashier's check

or moiJev order. Any change In the tenns of payment of costs imposed by the Board

myst be approved in adVam::e by the Probation Committee of tha Board.

RESPONDENT ACKNOWLEDGES THAT THE TIMELY PAYMENT OF THE

COSTS IS HIS LEGAL OBUGATION AND RESPONSIBIUTY AJ\ID RESPONDENT

AGREES TO CEASE PRACTICING IF lHE COSTS ARE NOT PAID AS AGREED IN

nus SETTLEMENT AGREEMENT. SPECIFICALLY, .IF RESPONDENT HAS NOT

RE<l:IVED WRITTEN CONFIRMATION WillilN 45 DAYS OF THE DATE OF

FIUNG OF THE FINAL ORDER THAT THE FULL AMOUNT OF THE COSTS NOTED

ABOVE HAS BEEN RECEl.'VED' BY THE BOARD OFflCE, RESPONDENT AGREES

TO . CEASE PRACTI:CE UNTIL RESPONDENT RECEIVES SUCH WRITTEN

CONFIRMATION FROM THE BOARD.

4. Recottls Coun;e - Within one (i) yea.r of the date of fillng of the Final

Order, Respondent itiall wmplebl the rourse "Quality Medical Record Keecing for

Healtti Cllre Professionals" sponsored by the Florida Medical Association, or a Board­

approved equivalent:. and &hall submit documentation of sudi oompletlon, In the fonn of

certined copies of the receipts, vouchers, certlficates, or other offlclal ·proof of

completion, to the Board's Probation Committee.

S. Continuing Medical Education - "Risk Management" - Respondent . .

sha ll complete· this requirement and dorument sud! rompletion .within one (1) .Year of

bott ' · o:oner t:h•llll "»•JT11ogh•ilom. M.o., o..e n...m 201~82'\7 Hmoil ~Ulemcl'lt /19neement 1

the date of tiling of the Final Order. Responde.nt shall satisfy this requirement in

one of the two fullowing ways:

(a) Respondent shall complete five (5} hours of CME in "Risi<

Manag_ement• after first obtaining written advance approval from the Board's Probation

Committee of such proposed course, and shall submit documentation of such

oompletlon, In the folTll of certified copies of the receipts, voucher.;, certificates, or

other official proof of completion, to the Board's Probation Committee; or

{b) Respondent shall complete (5) five hours of CME In risk

management by attending one full day or eight {8) hours, whichever is more, of

dfsclpflnary hearings at a regular meeting of the Board of Medidne. In. order to receive

such credit, Respondent must Sign ln with the Executive Director of the Board before

the meeting day begins, Respondent must remain in continuous attendance during the

full day or eight (8) hours of disciplinary hearings, whichever is more, and Respondent

must sign out with the Exee1.1ti\le Director of the Board at the end of the meeting day or

at such other earlier time as affirmatlVely authorized by ttie Board. · Respondent may

not receive CME credit in risk management For attending the disciplinary hearings

portion. of a Board meeting unless the Respondent is attending the dlsclpllnary heatings

portion for the sole purpose of obtaining the 0'1E credit In risk management In other

words, Respondent may not receive such credit If appearing at the Board meeting for·

any other purpose, such as pending action against Respondent's medical license.

6. lectyre/Semhaar - Within six (6) months following the fillng date of a

Rnal Order, Respondent shall present a one (1) hour lecture/seminar on wrong sire

.POii v. Kam:il Khalil P°"""ogh•dam, M.D., 0.S. l•l"'ll>C<'201Hl8217 Me(lbl Se~ .ll9'1'-cernt11t

11075~--

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surgeries and wrong procedure to medical staff at an approved medical faclllty.

Respondent shall submit a written plan to the Board's Probation Committee for approval

prior to performance of said lecture/seminar. Within six (6) months of the date of flrmg

of tile Final Order, Respondent shall obtain l! letter from the Risk Manager of the

approved medical facility Indicating that the leCll.lre/seminar has been completed aJJd

submit such letter to the Board's Probation Committee.

STANDARD PRQVISIONS

1. Apoearanc:e - Respondent is required to appear before the Board at the

meeting of the Board where this Agreement Is consldered.

2. No Force or Effect until Final Order - It is expressly understood ltlat

this Agreement is subject to the approval of the Board and the Department. In thls

regard, the foregoirig paragraphs (and only the foregoing paragraphs) shall have no

forre and effect unless the Board enters a Final Order incorporating the terms of this

Agreement.

3. " Continuing Me!fjcal Education - Unless otherwise provided In this

Agreement Respondent shall first submit a written request to the Probation Committee

for approval prior to performance of said CME course(s). Respondent shall submit

documentation to the Board's PrObation Committee of having aimpleted a CME cuurse·

in the form of cert:lfled copies of the reoelpt:s, vouchers, certificates, or other papers,

such as physician':; recognition awards, documenting completion of this medical coorse

within one (1) year of the fltlng of the Anal Order In ltlis matter. All such

documerilatfon shall be sent to the Board's Probation Committee, reg<irdless of whether

bol! •• Kom•l l<haNn PounnOgh>d>l\\ 1'1.D .. co ... Numbtt ZD1~•7 Mcdlcal settrernent l\grtement 6

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some or any of such documentation was provided previously during the course of·any

audit or discussion with counsel for the Department. CME hours required by thi_s

Agreement shall be In addition to those hours required for renewal of lioensure. Unless

olheswise approved by the Board's Probation Committee, such CME course(s) shall

ron.<;ist of a formal, five lecture fonnat.

4. Addresses - Respondent must provide current residence and practlce

addresses to the B0ard. Respondent shall notify the Board in writing within ten (10)

days of any changes of said addresses and shall also comply with all statutory

requirements related ID practitioner profile and riceosure renewal.updates.

5. Fyture Conduci: - In the future, Respondent shall not violate Chapter

456, 458, or 893, Florida Statutes, or the rules promulgated pursuant thereto, or any

<Jther stare Of federal law, rule, or regulatlon relating to the practice or the ability t.o

practice medicine. Prior to signing this Agreement, the Respondent shall read Chapters

456, 458, and 893, Florida Statutes, and the Rules of the Board of Medicine, at Chapter

6488, Florida Administrative Code.

6. Violation of Terms • It Is expressly understood that a violation of the

terms Of this Agreement shall be oonsidered a violation of a Anal Order of the Board,

for whlch disciplinary action may be Jnltlated pursuant 11J Chapters 456 and 456, Florida

Statutes.

7. Purpose of Agreement - Respondent, for the purpose of avoiding

further administrative action with respect b;) this ·cause, executes this Agreement In

this regard, Respondent authorizes the Board to review and examine all investigative

0011 v. r..amitf l"J~rilill PQurmoghadam, f'\.O.., Case Nuni.>er 2:01)-0~47 Hc:d\asl Stttle:ment Npeement

11077·~--

7

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I • '

i

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file materials concerning Respondent prior to or in conjunction with o:insfderation of the

Agreement. Respondent agrees to support this Agreement at the time 1t rs presented to

the Board arid shall offer no evidence, .testimony, or argument that disputes or

contravenes any stipulated fact or conclusion of law. Furthennore, should this

AQreernent not be accepted by the Board, ft ls agreed that presentation to and

ronslderatlon of tills Agreement and other doo.Jments and matters by the Board shall

not unfairly or iflegalty prejudice the Board or any of ils members from further

participation, consideration, or resolution of these proceedings.

8. No Predysjoo of Additional Proceedings - Respondent and tile

Department fully understand that this Agreement and subsequent Fina! Order will in no

way preclude additional proceeillngs by !he Board and/or the Department against

Respondent for acts .or omlSsions not specifically set forth In the Administrative

Complaint attached as ExhH.>it A.

9. Waiver of Attorney's Fees and Costs - Upon the Boerd's adoption of

this. Agreement, the parties hereby agree that with the exception of Department costs

notf!d above, the parties wUI bear their own attorney's fees and costs resulting trom

prose<:Utlon or defense of this matter. Respondent watves the right to seek any

attorney's fees or costs from the D~artment and the Board in connection with this

matter.

10. Waiyer of Furtbi:r fryctldural Si:eos - Upon tlie Board's adoption of

this Agreement, Responc!¢nt exf?reSSIY waives all further procedural steps and expressly

waives all rights ID see!< j udldal review of or to othen.'/lse challenge or contest the

bctt v. Kaf004 Kha!lft ~l.#moghad3mr M.P., Oise NutN11r 20J S-00247 H8Rc:a1 Settlement AgJeemeM

11078-8·"

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vahdJty of the Agreement and the final Order of the Board Incorporating said

Agreement. . /

SIGNED ttits...2_dayof ?~~"' t. "s.. .J( . 1

STAT£ OF f/~ll­COUNTY Of~

, . r1 ·1 . . -~ Kamal Kli<J)lll PoOrmoghao ·

BEFOl:lE ME personally appeared ~ Po~atf IUl'I

Identity is known to me or \'itlo produced @Wer (!uj, ~

• whose

(type of

· ldentlf!Cation) and wlio, under oath, acknowledges ttiat' his/her signature appears·

above. S\VOll-N l'O.~ subscribed before me this 3~. day of ~~

2015.

My Commission Expires:

APPROVED this :r- day of---...:~_.;__...,.2)-q:----~· 2015.

. -

sy:

OOH v. Kamat to-all11 bl~hadam.. M.o., case llllWnbtJ '.013.08)47 H<llk>ls.alelllenl ~

.... 11079..-.. ,

John H. Armstrong, MD, FACS ·surgeon General & secretary of Health

• Frld<e, Jr. AsSi!Stant General Counsel Department of Healtti

9

. l I •

DEPARTMENT OF HEALTH,

Petitioner,

vs.

STATE OF FLORIDA BOARD OF MEDICINE

Final Order l'lo. DOli-IS-0553-5• -MQA

FJLEI> DATE-APR 2 j ZOtS Dtparla!<OI of~

Byf?\:ac° _ -··- ___ 11,e~ ~.n_cyCler~---· _ -·

DOH CASE NO.: 2013-08247 LICBNSE NO.: ME0068295

KAMAL JC POllRMOGHADAM, M. D. ,

Respondent.

FINAL ORDER

THIS CAUSE came before the BOARD OF MEDICINE (Board)

pursuant to.Sections 120.569 and 120.57(4}, Florida Statutes, on . ... .

April 10, 2015, in Deerfield Beach, Florida, for the purpose of , ...

considering a Settlement Agreement (a'ttached hereto as Exhibit

A) entered into between the parties in this cause. Pursuant to

Section 456.073 (9) (b), Florida Statutes, the complainant

appeared and testified before the Board. Upon consideration of

the Settlement Agreem~nt, the documents submitted in support

thereof, the arguments of the parties, and being otherwise fully

advised in the premises,

IT IS HEREBY ORDERED AND ADJUDGED that the Settlement

Agreement as subltiitted be and is hereby approved and adopted in

tote and incorporated herein by reference with the following

clarification:

EXHIBIT c

The costs set forth in Paragraph 3 of the Stipulated

Disposition shall be set at $9,961.42 .

Accordingly, the parties shall adhere to and abide by all

the terms and conditions of the Settlement Agreement as

clarified above .

This Final Order shall take effect upon being filed with

the Clerk of the Department of Health.

DONE AND ORDER.ED this cl / dayof°'fwL 2015.

BOARD OF MEDICINE

~rso:io., M.P~H., E>~ecutive Director For James Orr, Jr. , M. D. , Chair

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing Final Order has been provided by U.S. Mail to KAMAL K.

POUR.MOGHADAM, M. D., The Heart Center at APH, 92 West Miller

Street, MP#307, Orlando, Florida 32806; and 1222 S. Orange

Avenue, Orlando, Florida 32806; to Michael D'Lugo, Esquire,

Wicker, Smith, et al., 390 North Orange Avenue, Bank of America

Center, Suite 1000, Orlando, Florida 32801-1646; and by

interoffice delivery to Yolonda Green, Department of Health,

~052 Bald cypress Way, Bin #C- 65, Tallahassee, Florida 32399-

(\cl Qp:. \ 3253 \:his O&. day of l , 2015.

'ftgoD&uru..4> ·· Deputy Agency·Clerk

COMMONWEALTJJOFPENNSYLVANIA DEPARTMENT OF.STATE

BEFORE TIIE STATE BOARD OF MEDICINE

C()Jl)momwealth of Pen03yfvania, Bureau of Prafessioul and Occupetional Aff0lrs

vs.

Kama.I K. Pourmoghad:im, M.D., Respo a dent

Docket No. 096l-49-13 File No.15-49-04334

OllD.ER

AND l'jOW, this /{,,~ayof ~ , 2015, the Stare Board of Medicine adopts and

11pproves the foregoing Consent Ageement and incorporates tbe terms of plll'llgraph 5, which shall constitute

fue BOOld's Order and is now issued in resolution of this matter. . .

This Order shall take effect immediately.

BUREAU OF PROFESSIONAL AND OCCUPATlONAL AFFAIRS

DY ORDER:

STATE BOARD OF MEDIC.INE

Q._<)~ ___ /_--+-,k~/ __ ::::-_ lanJ. Harlow ¥ -Andrew J. Behokii, l\iD .. ·-----Commissioner

Date of mailing:

For the Commonwealth:

For Respondent:

Chairman

Keith E. Bashore, Prosecuting Atton1ey P. o. Box. 69521 Harrisburg. PA 17106-9521

Marlr J .. MEl!tIDli, Esquire Men:hall Dennebey Warner Colemao & Goggin 20-00 Market Slreet, Suite 2300 Philadelphia, PA 19 l 03