“ : 7) Ry a (4 STATE OF FLORIDA - My & v6) coment - DEPARTMENT OF HEALTH Yas, ty 0. HEALTH. “gfe oe 74 ~ PETITIONER, G5 vs CASE NUMBER 99-59663 ROBERT NESKOW, DDS. OO 24D RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereinafter referred to as “Petitioner”, files this : Administrative Complaint before the Board of Dentistry, against ROBERT NESKOW, | 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 and Chapters 455 and 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. 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 2963. Respondent s last / known address is 175 Tequesta Drive, Suite H Florida 33469- 2721. 3. On or about ut July 2 2, 1999, the 1 patient, SR, presented to the Respondent - for extraction of tooth #17. 4, vo ~) 4. The Respondent failed to completely extract tooth #17 damaged tooth #18, and fractured the patient’s jaw. 5. The Respondent could not complete the extraction and referred the patient to ari oral surgeon on or about July 9, 1999. 6. On or about July 10, 1999, the patient was admitted to the hospital for injuries sustained during the patient’s appointment on July 2, 1999, with the Respondent. » 7. The Respondent failed to document the pre-operative, intra-operative and post-operative diagnosis and treatment of the patient. 8. The Respondent failed to take a pre-operative x-ray. COUNT ONE 9. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 10. 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)(x), Florida Statutes, for being guilty of f incompetence ¢ or r negligence by failing to meet the minimum standards of performance i 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 aualified by training or experience or being * guilty ‘of dental malprac ice. COUNT TWO 11. Petitioner realleges and incorporates ‘by reference the allegations contained © in paragraphs one (1) through eight (8). mo ™ ~ we U 12. Based on the foregoing, the Respondent’s license to practice dentistry in the state of Florida is subject to discipline for violating Section 466.028(1)(m), Florida . Statutes, for failing to keep written dental records and medical history records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, test results, and x-rays, if taken. WHEREFORE, Petitioner respectfully requests the Board of Dentistry to 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 and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. Signed this day of( WO , 2000. Robert G. Brooks, M.D. Secretary, Department of Health DEPARTMENT OF HEALTH DEPUTY CLERK cuenk Yahi R Dion | Od BY: Nancy M. Snurkowskt pate_D-8- 200? - Chief Attorney * Agency for Health Care Administration Office of General Counsel COUNSEL FOR PETITIONER: John L. Chaves , Senior Attorney Agency for Health Care Administration Office of the General Counsel P.O. Box 14229, Mailstop #39 Tallahassee, Florida 32317-4229 ~ (850) 410-3467 ° "Case No. 99-56663

Docket for Case No: 00-002420