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GILBERT v. STATE, DEPT. OF BUS. AND PROF. REGULATION

No. 95-2774.

676 So.2d 1048 (1996)

Michael M. GILBERT, M.D., Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Agency For Health Care Administration, Board of Medicine, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 7, 1996.

Attorney(s) appearing for the Case

Joseph S. Paglino, Miami Beach, for appellant.

Kathryn L. Kasprzak, Tallahassee, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and GREEN, J., concur.

COPE, Judge (dissenting).

I respectfully dissent. The appellant was disciplined for failing to adequately document the symptoms of a patient he treated in 1984. The medical records were maintained by the clinic at which appellant worked. The Board of Medicine proceeded against appellant on the basis of a xerox copy of the patient record, the original having been destroyed in Hurricane...

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