STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 1999-57182 JOSEPH GORFIEN, D.D.S., O O we) f RESPONDENT. ; . ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner”, and files this Administrative Complaint before the Board of Dentistry against, JOSEPH GORF IEN, D.D.S., hereinafter referred to as "Respondent", and alleges: 1. Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate. 2. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 9614. Respondent's last known address is 4506 N. University Drive, Fort Lauderdale, Florida 33351-5740. 3. In or around February, 1999, Patient B.O. presented herself to the Respondent for dental treatment consisting of a crown on tooth #15) fifteen. Ww UW 4, The Respondent placed a crown on tooth (#15) fifteen. 5. After placement of the crown Patient B.O. experienced extreme pain. 6. Patient B.O. returned to the Respondent over a two week period complaining of continued pain in tooth (#15). 7. On or around March 16, 1999, Patient B.O. sought a second opinion. 8. A subsequent treater replaced the Respondent’s crown with a new crown, thus relieving the pain B.O. had been experiencing in tooth #15. 9. The Respondent provided Patient B.O. with an ill-fitting crown, specifically an over-contoured crown. 10. The Respondent failed to meet the minimum standard of care in treatment of Patient B.O. . 11. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 12. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028 (1)(), Florida Statutes, for being guilty of incompetence or negligence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience or being guilty of dental malpractice. WU UW WHEREFORE, Petitioner respectfully requests the Board of Dentistry enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED thie ASI day of fa a , 2000. Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care . Administration COUNSEL FOR PETITIONER: John L. Chaves : Senior Attomey Agency for Health Care Fl LE D ;nictrati e OEPARTMENT OF HEALTH Administration EPUTY K Post Office Box 14229 . Tallahassee, Florida 32317-4229 (904) 410-3467 DATE [=2Y-00 JLC/elt PCP: Gaeera, Rbinson, fisher DATE: ///5/2 7. Joseph Gorfien, DN Case Number: 1999-57182 Date: October 26, 1999

Docket for Case No: 00-000854