Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Respondent: ROBERT DEPALMA, D.D.S.
Judges: LARRY J. SARTIN
Agency: Department of Health
Locations: Fort Lauderdale, Florida
Filed: May 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 28, 2006.
Latest Update: Dec. 23, 2024
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AHCA
P.Garle
STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
vs, CASE NUMBER: 2004-36689
ROBERT DEPALMA, D.D.S.,
RESPONDENT.
/
ADMIN FA rE
ADMINISTRATIVE COMPLAINT , na
COMES NOW, Petitioner, Department of Health, by and through ;
its undersigned counsel, and files this Administrative Complaint
before the Board of Dentistry against the Respondent, Robert
DePalma, D.D.S., and in support thereof alleges:
1. Petitioner is the state department charged with regulating
the practice of Dentistry pursuant to Section 20.43, Florida Statutes;
Chapter 456, Florida Statutes; and Chapter 466, Florida Statutes.
2. At al times material to this Complaint, Respondent was a
“licensed dentist within the State of Florida, having been issued
license number DN 4553.
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3. Respondent's last known address of record is 505 SE 6™
Avenue, Delray Beach, Florida 33483.
4. The Respondent provided dental care and treatment to
Patient C.B. from on or about March 25, 2004, through on or about
June 3, 2004. Patient C.B. initially presented to the Respondent on
March 25, 2004, upon referral from his general dentist due to
temperature sensitivity and pain in.tooth number 18.
5. The Respondent performed an intra-oral exam including x-
rays and performed a pulp vitality test, which indicated the pulp of
tooth number 18 was non-vital and infected. Respondent prescribed
an antibiotic and a pain killer, and an appointment for a root canal was
scheduled. No other diagnostic results such as bite, percussion or
temperature sensitivity tests were recorded in Patient C.B.’s treatment
note to support the root canal plan, and no other treatment option
alternatives were documented in the treatment notes for that visit.
6. The Respondent performed root canal therapy on Patient
C.B.’s tooth number 18 on or about April 6, 2004. The Respondent
did not document in the treatment notes the number of canals treated
or the lengths of each canal found. There was no record of what
2
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medication if any was used in the treatment, nor was there any
indication of what fill material and root canal sealer was utilized. The
Respondent failed to document the overall procedure and method
used for sealing of the canals.
7. On or about May 25, 2004, Patient C.B. presented again to
the Respondent complaining of continuing pain and sensitivity around
tooth number 18. The Respondent performed an exam and took post-
operative x-rays but failed to document the results of the exam or x-
rays. The Respondent prescribed an antibiotic for Patient C.B.
8. During the follow-up visit on May 25, 2004, the Respondent
did not perform or document any other diagnostic tests such as bite or
temperature sensitivity tests to determine if any missed canals, cracks
or cusp perforations might have resulted from the initial treatment, or
to determine if re-treatment might be indicated. No retreatment
options were explored by the Respondent during this visit.
9, The Respondent also failed to document the results of
post-operative x-rays of tooth number 18 root canals to determine if a :
the procedure was successful or if other problems persisted around i
the tooth. The failure to keep adequate patient records, including .
Pe)
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documenting the results of x-rays, to justify a patient's course of
treatment constitutes a violation of the dental practice act.
10. Patient C.B. continued to experience pain and discomfort i.
with tooth #18. It was subsequently determined that the root canal ms .
done by the Respondent was not successful, and the tooth was
surgically extracted by a subsequent treater in June 2004.
11. Section 466.028(1)(m), Florida Statutes (2003), as
implemented by Rule 64B5-17.002, Florida Administrative Code
(F.A.C.), states that 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, shall constitute grounds for. disciplinary
action by the Board of Dentistry.
12. Respondent's dental records for Patient C.B. failed to justify
the course of Patient C.B.'s treatment in that the Respondent did not
perform or document adequate pre and post-operative diagnosis, m
including results of diagnostic x-rays, did not adequately describe the |
procedures and material employed during treatment, and did not
record the overall post-operative outcome to determine if the
4
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procedure was successful or if other problems persisted around the
tooth.
13. Based on the foregoing, the Respondent has violated
Section 466.028(1)(m), Florida Statutes (2003), by failing to keep
written dental and medical history._records justifying the course of
treatment of the patient.
WHEREFORE, the Petitioner respectfully requests that 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 practice, imposition of an administrative fine,
issuance of a reprimand, placement of the Respondent on probation,
corrective action, refund of fees billed or collected, remedial
education and/or any other relief that the Board deems appropriate.
3
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SIGNED this _2°\_ day of __ “4 , 2005.
John O. Agwunobi, M.D., M.B.A., M.P.H.
Secretary, Department of Health
ae
fo Wayne Mitchell
Assistant General Counsel
FILED DOH Prosecution Services Unit
DEPARTMENT OF HEALTH 4052 Bald Cypress Way Bin C-65
| X Tallahassee, Florida 32399-3265
cusaKNutcthe, Colma — iorida Bar #869414
DATE, 5 -2?-05 (850) 414-8126 FAX:488-1855
, f /.
. (Ly panic 4 blac
Reviewed and approved by: =f (initials) 2 {7 “[\oo__ (date)
\
PCP: 5/24 /o
PCP Members: CA, BK
DOH vs, Robert DePalma, D.D.S,, Case No. 2004-36689
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Section 120.569 and 120,57,
Florida Statutes, to be represented by counsel or other oo
qualified representative, to present evidence and argument, ay
to call and cross-examine witnesses and to have subpoena 4
and subpoena duces tecum issued on his or her behalf if a
hearing is requested.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that petitioner has incurred
costs related te the investigation and prosecution of this
matter. Pursuant to Section 456.072(4), Florida Statutes,
the Board shall assess costs related to the investigation and
prosecution of a disciplinary matter, which may include
attorney hours and costs, on the Respondent in addition to
any other discipline imposed.
6
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Docket for Case No: 06-001827PL
Issue Date |
Proceedings |
Jul. 31, 2006 |
Subpoena Duces Tecum (F. Vertucci, D.M.D.) filed.
|
Jul. 31, 2006 |
Subpoena ad Testificandum (F. Vertucci, D.M.D.) filed.
|
Jul. 31, 2006 |
Return of Service (2) filed.
|
Jul. 31, 2006 |
Notice of Filing (return of service) filed.
|
Jul. 28, 2006 |
Order Closing File. CASE CLOSED.
|
Jul. 27, 2006 |
Joint Motion to Relinquish Jurisdiction with Leave to Reopen filed.
|
Jul. 24, 2006 |
Subpoena ad Testificandum (3) filed.
|
Jul. 24, 2006 |
Subpoena Duces Tecum (5) filed.
|
Jul. 24, 2006 |
Notice of Filing (subpoena duces tecum and subpoena ad testificandum) filed.
|
Jul. 03, 2006 |
Notice of Taking Deposition Duces Tecum filed.
|
Jul. 03, 2006 |
Respondent`s Notice of Taking Deposition filed.
|
Jun. 23, 2006 |
Respondent`s Response to Petitioner`s First Request to Produce filed.
|
Jun. 23, 2006 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
|
Jun. 23, 2006 |
Respondent`s Response to Petitioner`s First Interrogatories to Respondent filed.
|
May 26, 2006 |
Order of Pre-hearing Instructions.
|
May 26, 2006 |
Notice of Hearing (hearing set for August 10 and 11, 2006; 9:30 a.m.; Fort Lauderdale, FL).
|
May 24, 2006 |
Joint Response to Initial Order filed.
|
May 18, 2006 |
Initial Order.
|
May 17, 2006 |
Election of Rights filed.
|
May 17, 2006 |
Respondent`s Answer and Request for Formal Administrative Hearing filed.
|
May 17, 2006 |
Administrative Complaint filed.
|
May 17, 2006 |
Agency referral filed.
|
May 17, 2006 |
Notice of Appearance (filed by W. Mitchell).
|
May 17, 2006 |
Notice of Service Discovery filed.
|