Miami-Dade FL Health care and Insurance Lawyers | Max Richar -- eLawyers

04-000045PL DEPARTMENT OF HEALTH, BOARD OF DENISTRY vs JACK SABAN, D.D.S. (2004)

Division of Administrative Hearings, Florida Filed: Jan. 06, 2004

This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent, a licensed dentist, on the basis of alleged violations of paragraphs (m) and (x) of Section 466.028(1), Florida Statutes. The alleged violations are set forth in a two-count Amended Administrative Complaint.Violations of paragraphs (m) and (x) of Florida Statutes 466.028(1) warrants administrative fine, probation, and additional education course.

13-003286PL DEPARTMENT OF HEALTH, BOARD OF DENTISTRY vs PASQUALE ALMERICO, JR., D.D.S. (2013)

Division of Administrative Hearings, Florida Filed: Aug. 29, 2013

The issues in this case are whether Respondent committed the allegations contained in the Amended Administrative Complaint and, if so, the penalty that should be imposed.Evidence failed to demonstrate clearly and convincingly that Respondent's treatment fell below the minimum standard of care. Recommend dismissal of Amended Administrative Complaint.

11-005793PL DEPARTMENT OF HEALTH, BOARD OF DENTISTRY vs JOSEPH GAETA, D.D.S. (2011)

Division of Administrative Hearings, Florida Filed: Nov. 10, 2011

The issues in this case are whether Respondent, a dentist, failed to maintain adequate records regarding his treatment of patient R.S. and/or provided R.S. dental care that fell below minimum standards of performance, as Petitioner alleges. If Respondent committed any of these offenses, it will be necessary to determine an appropriate penalty.Respondent failed to maintain adequate dental records regarding his treatment of a patient by failing to record type and dosage of anesthetic drug used. Dental care rendered was not shown to fall below minimum standards of performance.

11-002030PL DEPARTMENT OF HEALTH, BOARD OF DENTISTRY vs ALEXANDER GAUKHMAN, D.D.S. (2011)

Division of Administrative Hearings, Florida Filed: Apr. 22, 2011

The issues in this case are whether the allegations set forth in the Administrative Complaint filed by the Department of Health (Petitioner) against Alexander Gaukhman, D.D.S. (Respondent), are correct, and, if so, what penalty should be imposed.Respondent failed to maintain record justifying the course of treatment.

07-001164PL DEPARTMENT OF HEALTH, BOARD OF DENTISTRY vs JOSEPH GAETA, D.D.S. (2007)

Division of Administrative Hearings, Florida Filed: Mar. 13, 2007

The issues are whether Respondent is guilty of recordkeeping violations of Section 466.028(1)(m), Florida Statutes, and standard-of-care violations of Section 466.028(1)(x), Florida Statutes, in connection with bridgework, implants, and root canals that he performed on a single dental patient.Recommend a $20,000 fine and 30-day suspension for two record-keeping violations regarding bridgework and implants and one standard-of-care violation regarding implants.

00-003116F ROBERT J. FISH, D.D.S. vs DEPARTMENT OF HEALTH, BOARD OF DENISTRY (2000)

Division of Administrative Hearings, Florida Filed: Jul. 31, 2000

Whether Petitioner should be awarded attorney's fees and costs pursuant to the Florida Equal Access to Justice Act (the Act), Section 57.111, Florida Statutes. Specifically, the parties dispute whether Respondent was substantially justified in bringing the Administrative Complaint against Petitioner and/or whether special circumstances exist which would make the award of attorney's fees and costs unjust.Respondent was substantially justified in filing underlying administrative complaint. Fees and costs denied.

02-000165PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs WILLIAM HAMMESFAHR, M.D. (2002)

Division of Administrative Hearings, Florida Filed: Jan. 11, 2002

Whether Respondent violated Subsections 458.331(1)(d), 458.331(1)(n), and 458.331(1)(t), Florida Statutes, and, if so, what discipline should be imposed.Doctor used alternative medical treatment not within prevailing standards of care. No harm to fully informed patients; thus did not violate Section 458.331(1)(t), Florida Statutes.

02-000219PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs WILLIAM HAMMESFAHR, M.D. (2002)

Division of Administrative Hearings, Florida Filed: Jan. 15, 2002

Whether Respondent violated Subsections 458.331(1)(d), 458.331(1)(n), and 458.331(1)(t), Florida Statutes, and, if so, what discipline should be imposed.Doctor used alternative medical treatment not within prevailing standards of care. No harm to fully informed patients; thus did not violate Section 458.331(1)(t), Florida Statutes.

98-002884F MOUNIR ALBERT vs BOARD OF DENTISTRY (1998)

Division of Administrative Hearings, Florida Filed: Jun. 29, 1998

At issue is whether Petitioner is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes, the "Florida Equal Access to Justice Act."Dentist, as employee of professional corporation, was not a "small business party" in the underlying section and therefore was not entitled to recover attorney`s fees and costs.

95-001478F ROBERT J. FISH vs BOARD OF DENTISTRY (1995)

Division of Administrative Hearings, Florida Filed: Mar. 23, 1995

At issue is whether Petitioner is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes, the "Florida Equal Access to Justice Act," as well as an award of attorney's fees and costs pursuant to Section 120.57(1)(b)5, Florida Statutes (1995), now codified at Section 120.569(1)(c), Florida Statutes (1997), as alleged in the amended petition for attorney's fees and costs.Request for attorney's fees approved where agency filed administrative complaint based on charge that was not supported by a finding of probable cause.

Max Richard Price, Jr.