Jul 6 200° 3:55 JUL-@6-2087 9:28 AHCA STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO.: 2005-50141 SHERRIE LYNN CROSSEN, D.D.S., RESPONDENT. ee ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Dentistry against Respondent, Sherrie Lynn Crossen, 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 all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number ON 13051. Jul 6 2007 3:56 JUL-@6-2087 @9f2t AHCA 3. Respondent's address of record is 75 NE 6" Avenue, #112, . Delray Beach, Florida 33483. 4. Respondent provided dental treatment to Patient H.K. from on or about October 18, 2001, through on or about September 16, 2002. 5. On or about October 18, 2001, Patient H.K. presented to Respondent for a consultation regarding the placement of implants in her lower jaw. Respondent's treatment notes for Patient H.K. read “will restore lower w/ 5 implants and reconstruction." 6. During this initial visit, Respondent's dental assistant: reviewed an “implant patient information and consent form.” However, Respondent did not personally discuss the form, or the possible complications of the proposed treatment, with the Patient, 7. When assessing the size of the implants and the location in which. to place them, Respondent utilized a panographic x-ray. taken by a prior treater’s office which was approximately 18 months old.. Respondent did not take a new panographic x-ray. 8. Respondent decided to use 10 mm implants. However, there was no room in the mandible for implants in length greater than 6 mm, - ? = ; ; DOH vy. Sherrie Lynn Crassen, D.D.S.; Case no, 2005-50141 J:\PSU\Medical Jamie Tto\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 2007 3:56 JUL-@6-2087 @9f21 AHCA 9. On or about May 30, 2002, Patient H.K. presented to , Respondent for implant surgery. Respondent placed 10 mm implants in tooth position number 30 and tooth position number 31. 10. The implants placed by Respondent in Patient H.K’S tooth ° position number 30 and tooth position number 31 encroached upon the mandibular canal and damaged the nerves within the canal. 11. Onor about June 1, 2002, Patient H.K. reported to Respondent that her lip and side of her face were tingling. Respondent’s treatment notes indicate that she reassured the patient. 12. On or about June 6, 2002, Patient H.K. presented to Respondent and complained again of numbness, swelling and tingling on ‘the side of her face. Respondent's treatment notes indicate that she may decrease.” Resporident inforthed Patient H.K. that she did not know how long this would take. 13. On or about June 11, 2002, Patient H.K. presented to Respondent for” pocket. elimination/crown lengthening surgery with the ~extraction—of—toeth -number-2.- Respondent’s-treatment ‘notes: do not contain any notes regarding Patient H.K.’s complaints about numbness. -~3- ; DOH y. Sherrie Lynn Crossen, D.D.S.; Case no. 2005-50141 J:\PSU\Medical\Jamie Ito\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 200° 8:57 JUL-@6-2087 9:22 AHCA 14. On or about June 17, 2002, Patient H.K. presented to Respondent for evaluation. Respondent’s treatment notes indicate that . Patient H.K. was healing well, but did not contain any notes regarding Patient H.K.’s numbness. 15. Subsequent to her last visit to Respondent, Patient H.K. continued to experience numbness in the jaw area, 16. Respondent presented to a subsequent treater who informed her that the implants had been placed in such a manner as to cause damage to the nerve in her lower jaw. 17. On or about December 27, 2004, Patient H.K, underwent a “dental scan” to further evaluate the nerve damage. The evaluation found that there were two endosseous implants on the right hemimandible and the implants extended deep inte-the right -hemimandible considered well ~ below the expected level of the infetior herve canal. 18. The minimum standard of performance requires that a.dentist performing implant surgery review the possible complications and alternativés to"the treatment with the patient personally, rather thar . ‘through an assistant ~~ — - 4 - DOH v. Sherrie Lynn Crossen, D.0.5.; Case no, 2005-50141 J:\PSU\Medical\Jamie Ito\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 2007 3:58 JUL-@6-2087 @9!235 AHCA 19. The minimum standard of performance requires that a dentist performing implant surgery take adequate x-rays that he/she can then ° calibrate in order to determine the appropriate length of implant to place. 20. The minimum standard of performance requires that a dentist performing implant surgery place implants in such a fashion as to not encroach upon the nerve canal. 21, The minimum standard of performance requires that-.a dentist performing implant surgery assess possible nerve damage when the patient complains of continued numbness and tingling or to refer the patient to another treater. 22. Section 466.028(1)(x), Florida Statutes (2001), provides that being guilty of incompetence or negligence by failing to meet the minimum Standards of -performanee in-diagnosis~and-treatment -when~measured “against géneérally 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 ~ constitutes grounds for disciplinary action by the Board of Dentistry. - 5 - DOH vy, Sherrie Lynn Crossen, D.D.S.; Case no. 2005-50141 JA\PSU\Medical\Jamie Ito\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 2007 3:58 JUL-@6-2087 @9!235 AHCA PBB 23. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance in one or more of the following ways: a. Respondent failed to personally review the possible complications of implant surgery and its alternatives with the Patient H.K.; b. Respondent failed to take adequate pre- operative x-rays prior to performing implant surgery on Patient H.K. on or about May 30, 2002; c. Respondent placed two implants in Patient H.K/s lower jaw which encroached on Patient H.K.'s mandibular canal and caused nerve damage; and/or d. Respondent failed to assess Patient H.K. for possible nerve damage or refer Patient H.K. to another treater when the Patient complained ‘of continued numbness and tingling after implant surgery on or about May 30, 2002. 24, Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2001), by 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 = 6 - ; DOH v. Sherrie Lynn Crossen, D.D.S.; Case no. 2005-50141 J:\PSU\Medical\ Jamie Ito\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 200° 3:59 JUL-@6-2087 9:24 AHCA P.@9 and treatment for which the dentist is not qualified by training or | experience or being guilty of dental malpractice. WHEREFORE, Petitioner respectfully requests that the Board of Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief ‘that the Board deems appropriate. SIGNED this it day of L2CEMPBER _, 2006. M. Rony Francois, M.D., M.S.P.H., Ph.D, Secretary, Department of Health LH: Jamie Ito a * Assistant General Counsel D DOH Prosecution Services Unit ——-= DEPARTMENT OF HeALT 4052 Bald Cypress-Way, BinG-65 CLERK LR. Tallahassee, FL 32399-3265 DATE Wen KoW) Florida Bar No. 13553 Ph.: (850) 245-4640, Fax: (850)245-4683 JI PCP: taf, ¢) 06 PCP Members: Caf 77, WH DOH v Sherrie Crossen, D.D.S. Case No. 2005-50141 -7- ; ; DOH v. Sherrie Lynn Crossen 0.D.S,; Case no. 2005-50141 J:\PSU\Medical\Jamie Ito\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doc Jul 6 200° 3:59 JUL-@6-2687 9:24 AHCA P.1@, 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. qualified representative, to present evidence and argument, to call and | cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behaif if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to 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. DOH v Sherrie Crassen, D.D.S. Case No. 2005-50141 - 8 - DOH v. Sherrie Lynn Crossen, D.D.S,: Case ng. 2005-50141 J:\PSU\Medical\ Jamie Ita\Dentistry Cases\Crossen, Sherrie (x) (implants) EXPERT\Crossen AC (x).doe

Docket for Case No: 07-003033PL