Ohio Medical Board considering discipline for Dover plastic surgeon
The State Medical Board of Ohio is investigating allegations that a Dover plastic surgeon failed to follow state rules for performing liposuction.
Dr. David M. Hartman, 63, is accused of violating the rules in treating 10 patients, including one who spent a night in a hospital intensive care unit after getting a tummy tuck accompanied by fat removal from her abdomen and flanks, according to a notice sent to Hartman by the board on March 8.
After the patient noticed excessive blood loss, she fainted and went by ambulance to the hospital, where she was given a blood transfusion, intravenous fluids and antibiotics. She was diagnosed with low blood pressure, low blood plasma volume and syncope, or fainting.
In her case, the medical board alleges that Hartman violated state rules prohibiting liposuction from being performed in an office in combination with other procedures except if it is a “focused, local small liposuction that is a routine part of the main procedure.”
The state board will hold a hearing Nov. 27 into the allegations, which involve cases from January 2018 to March 2020. It could decide to revoke or suspend his license and impose a civil penalty up to $20,000.
Lawyer says state rules outdated
Hartman, who has been licensed by the state since 2004, contends the board’s rule, contained in the Ohio Administrative Code, is outdated.
His lawyer, Eric J. Plinke of Columbus, wrote in an email that Hartman’s records were requested more than three years ago, and the March 8 letter is the first he has heard from the board regarding the question of whether a liposuction can be performed with a ”tummy tuck.”
“While this approach is standard of care and commonly performed across Ohio and the nation, the Board’s rule, which has not frequently been applied and is nearly 20 years old, has not kept up with the advancements in the field,” Plinke wrote. “Dr. Hartman has cooperated with the Board process and will continue to do so. His medical license is active and unrestricted and he is not subject to any medical malpractice lawsuits.
“Dr. Hartman remains, as always, committed to safely caring for patients. Some of the key safety measures he employs include avoiding the hazards of general anesthesia, not prescribing narcotics or anti-anxiety medications, using (local) tumescent anesthesia, and engaging in a pro-active approach to patient support before, during, and after procedures. Dr. Hartman has been practicing medicine in Tuscarawas County for 19 years, and enjoys being part of a small, tight knit community.”
What is Dr. Hartman accused of doing wrong?
After the November hearing, the medical board intends to determine whether or not to limit, permanently revoke or suspend Hartman’s medical license, according to its March letter from board Secretary Dr. Kim G. Rothermel.
The board could refuse to renew Hartman’s license to practice medicine and surgery, reprimand him or place him on probation for the allegations made in the cited cases, including these:
● For the patient who went into intensive care, Hartman is accused of failing to take appropriate safety measures in connection with surgical procedures performed, including failing to obtain a preoperative assessment. He also is accused of failing to appropriately treat the patient after the procedure and failed to obtain postoperative photos.
● He is accused of removing 4,600 milliliters of fat from a patient, in excess of the 4,500-milliliter limit for liposuction performed in an office. (A two-liter bottle holds 2,000 milliliters.) The records did not include preoperative or postoperative photos.
● He is accused of failing to take appropriate safety measures with respect to one procedure, as the liposuction was performed without placement of an intravenous line, or he failed to document the placement.
● In eight cases, he is accused of performing liposuction that was not a routine part of the main procedure.
● He is accused of not appropriately documenting the amount of fat removed from two patients.
● He is accused of not appropriately documenting an abdominoplasty, or “tummy tuck.”
● Photos were absent from some patient records.
What prompted the investigation?
The State Medical Board issues licenses and oversees Ohio’s 96,000 or so medical professionals.
Its stated mission is to protect and enhance the health and safety of the public through effective medical regulation.
It is unclear what prompted the medical board’s investigation.