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DEPARTMENT OF HEALTH, BOARD OF DENISTRY vs ALBERTO SANCHEZ-TORRES, D.D.S., 02-003803PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003803PL Visitors: 17
Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Respondent: ALBERTO SANCHEZ-TORRES, D.D.S.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Orlando, Florida
Filed: Oct. 01, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 25, 2002.

Latest Update: Nov. 18, 2024
LDA ~3PO3 LL ww ~~ D STATE OF FLORIDA Cp 0 DEPARTMENT OF HEALTH PL ae TO! po _ DEPARTMENT OF HEALTH, ii Wy, ' Cds ee "Om Orbe + 6 PETITIONER, Hexd (Oa & vs. CASE NUMBER: 2001-19679 ALBERTO SANCHEZ-TORRES, D.D.S. 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. ALBERTO SANCHEZ-TORRES, D.D.S., referred to as “Respondent”. and alleges that: 1. Petitioner is the state agency charged with regulating the practice of Dentistry pursuant to Section 20.43. Florida Statutes; Chapter 456, Florida Statutes, (formerly Chapter 455. Part II; see Chapter 2000-160. Laws of Florida); and Chapter 466, Florida Statutes. 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 14658. Respondent's last known address is 2910 West Lake Mary Boulevard, Suite 1, Lake Mary, Florida 32746. 3. The Respondent provided dental care and treatment to Patient M.Q. from on or about June 2000 through on or about May 2001. 4. During the course of treatment the Respondent placed two crowns for Patient M.Q. on teeth numbers three and thirty that caused her pain. ow — 5. The Respondent incompletely and negligently placed a crown on Patient M.Q."s tooth number thirty that was not acceptably contoured on the mesial side of the tooth. [Mesial refers to the middle portion of the tooth.} 6. The Respondent incompletely and negligently placed a crown Patient M.Q.'s tooth number thirty that made contact with the distal side of tooth number twenty-nine at the ginvival level. 7. The Respondent incompletely and negligently placed a crown on Patient M.Q.’s tooth number thirty that included a large overhanging shelf of porcelain that extended from the margin of tooth number thirty to the misplaced contact of tooth number twenty-nine. 8. The-Respondent failed to meet the minimum standards of performance’ in- diagnosis and treatment of Patient M.Q. by, but not limited to: a) Failing to provide a crown on tooth number thirty that was properly contoured, and b) Failing to provide a crown on tooth number thirty that properly contacted the marginal ridge of tooth number twenty-nine, 9. 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. (1999, 2000), 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. 4 ~~ 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 and costs, issuance of a reprimand. placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this -((0 ay of 2002, John Agwunobi, M.D., M.B.A. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Department of Health Bureau of Health Care COUNSEL FOR AGENCY Alan Jackson . DEPARTME Attorney/Qualified Representative DEPUTY Glenn Department of Health nr. Bureau of Health Care CLERK iki . ere — Practitioner Regulation/Legal DATE 29 fot. 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 (850) 487-9670 a3 [O02 Reginald Dixon Supervising Attorney AJ pcr: G ¥F pate: 1/7 9/oe

Docket for Case No: 02-003803PL
Issue Date Proceedings
Nov. 25, 2002 Order Closing File issued. CASE CLOSED.
Nov. 25, 2002 Notice of Substitution of Counsel (filed by S. Bunton via facsimile).
Nov. 22, 2002 Joint Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Nov. 18, 2002 Certificate of Non-Objection (filed by Respondent via facsimile).
Nov. 08, 2002 Subpoena Duces Tecum, Record Custodian C. Glossan, D.D.S., Record Custodian Central Florida Regional Hospital filed via facsimile.
Nov. 08, 2002 Defendant`s Notice of Intent to Serve Subpoenas for Production of Documents Under F.R.C.P. 1.351 (filed via facsimile).
Oct. 31, 2002 Amended Notice of Hearing issued. (hearing set for December 6, 2002; 9:30 a.m.; Orlando, FL, amended as to Room Location ).
Oct. 31, 2002 Order Granting Motion to Modify Notice of Hearing issued.
Oct. 29, 2002 Order Denying Motion to Modify Pre-Hearing Instructions issued.
Oct. 28, 2002 Notice of Service of Discovery filed by Petitioner.
Oct. 28, 2002 Notice of Waiver of 10 Day Requirement of Service of Subpoena filed by Petitioner.
Oct. 28, 2002 Certificate of Non-Objection (filed by Respondent via facsimile).
Oct. 24, 2002 Respondent`s Motion to Modify Notice of Hearing (filed via facsimile).
Oct. 23, 2002 Respondent`s Response to Petitioner`s Request for Admissions (filed via facsimile).
Oct. 23, 2002 Respondent`s Response to Petitioner`s Request for Production (filed via facsimile).
Oct. 22, 2002 Subpoena Duces Tecum, Records Custodian, H. McCorkle, D.D.S. filed via facsimile.
Oct. 22, 2002 Defendant`s Notice of Intent to Serve Subpoenas for Production of Documents Under F.R.C.P.1.351 (filed via facsimile).
Oct. 21, 2002 Respondent`s Answers to Petitioner`s Expert Witness Interrogatories (filed via facsimile).
Oct. 15, 2002 Letter to Judge Smith from M. Ganz requesting subpoenas filed.
Oct. 11, 2002 Request for Production (filed by Respondent via facsimile).
Oct. 11, 2002 Respondent, Alberto Sanchez-Torres, D.D.S., Motion to Modify Order of Pre-Hearing Instructions (filed via facsimile).
Oct. 11, 2002 Respondent`s Notice of Serving Interrogatories to Petitioner (filed via facsimile).
Oct. 09, 2002 Notice of Hearing by Video Teleconference issued (video hearing set for December 6, 2002; 9:00 a.m.; Orlando and Tallahassee, FL).
Oct. 09, 2002 Order of Pre-hearing Instructions issued.
Oct. 04, 2002 Joint Response to Initial Order (filed by Petitioner via facsimile).
Oct. 01, 2002 Letter to Judge Smith from M. Reiter enclosing two copies of the Agency Complaint and the Election of Rights filed.
Oct. 01, 2002 Notice of Propounding Expert Witness Interrogatories filed.
Oct. 01, 2002 Notice of Service of Discovery filed by Petitioner
Oct. 01, 2002 Administrative Complaint filed.
Oct. 01, 2002 Election of Rights filed.
Oct. 01, 2002 Agency referral filed.
Oct. 01, 2002 Initial Order issued.
Source:  Florida - Division of Administrative Hearings

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