Sun Sentinel Palm Beach Edition
The troubled history of Dr. Barry Jack Kaplan
The disciplinary history of Central Florida cosmetic surgeon Dr. Barry Jack Kaplan illustrates how slow the state can move against doctors accused of flouting board rules — and how doctors can delay their own discipline. The Board of Osteopathic Medicine decided to revoke the 67-year-old’s license a year ago. But because he didn’t agree, the state still hasn’t taken his license away, a Sun Sentinel investigation found. Here’s a look at Kaplan’s disciplinary history.
DECEMBER 2002
Kaplan, an osteopathic physician, is fined $2,000 and restricted from performing breast sling lift surgery after he is accused of trying an unproven version of the procedure on a patient in 1999.
JULY 2006
That state fines Kaplan $5,000 and puts him under monitoring for a year after he is accused of not correcting a woman’s asymmetrical breasts in 2003.
MARCH 2008
Health regulators restrict Kaplan from performing cosmetic surgery involving an incision after he is accused of bungling an implant surgery in 2005. They also fined him $6,500 and suspended him for a year, but immediately reduced it to six months.
MAY 2012
A 24-year-old woman files a complaint with the Department of Health, accusing Kaplan of providing substandard care during and after breast implant surgery. The woman told a state investigator she developed an infection and another doctor removed her implants.
JANUARY 2014
The state charges Kaplan with medical malpractice, accusing him of performing or assisting in the 24-year-old’s cosmetic surgery after the Board of Osteopathic Medicine told him not to.
JULY 2014
Shirley Woodhall has breast implant surgery and later says in a lawsuit that Kaplan assisted in her procedure and botched it.
NOVEMBER 2015
Kaplan disputes the allegations in the case involving the 24-year-old and appeals to the state Division of Administrative Hearings. The state and Kaplan negotiate a tentative settlement and the case goes back to the Board of Osteopathic Medicine.
NOVEMBER 2016
Kaplan tells the board he inserted the implants in the surgery involving the 24-year-old but he didn’t know he couldn’t do that. Board rejects the settlement agreement Kaplan reached with the Department of Health and “counter-offers” that Kaplan’s license should be revoked.
DECEMBER 2016
Woodhall files a medical malpractice lawsuit against Kaplan in state court. Kaplan has denied the allegations. It’s not clear if the Department of Health is investigating Woodhall’s allegations.
PRESENT
Kaplan’s attorney said he rejected the counter-offer and plans to appeal. Though his license remains active, his attorney said he is not currently practicing due to poor health.