Feb 3 2011 17:44 FEB-@3-2611 18:82 . P.@2/16 STATE OF FLORIDA DEPARTMENT OF HEALTH ‘| DEPARTMENT OF HEALTH, : PETITIONER, v. CASENO. 2007-00647 KENNETH S. LISZEWSKI, D.M.D,, RESPONDENT. ADMINI TIVE 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, Kenneth 5. Liszewski, D.M.D., 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. >, At all times material to this Complaint, Respondent was a licensed dentist within the State of Florida, having been issued license number DN 10939. Feb 3 2011 17:44 FEB-@3-2611 18:82 P.@3/16 3. Respondent's address of record is 7442 N. Tamiami Trail, : Sarasota, Florida 34243. 4. Respondent provided dental treatment to Patient $.G, from on or about September 15, 2005, through on or about November 28, 2006. 5. On or about September 15, 2005, Patient S.G. presented to Respondent for an initial examination. The entire treatment note for this date states: “Initial exam; pt. has FMX from 7-22-05. Pt, aware that she needs | extensive work done, wants second opinion. Dr. rec.” , 6. On or about September 22, 2005, Patient S.G. presented to Respondent for gingivectomies on and crown preparation of teeth numbers 2 through 15. 7. On or about October 13, 2005, Patient S.G. presented to Respondent for seating of permanent crowns on teeth numbers 2 through 15. 8. On or about October 27, 2005, Patient S.G. presented to ‘Respondent for gross debridement. Respondent also performed periodontal charting of Patient $.G. for the first time during this visit. According to the chart, Patient S.G. had 4 and 5 mm periodontal pocket depths. 9. On or about February 16, 2006, Patient S.G. presented to Respondent for deep scaling and root planing on her lower teeth. JAPEUMadicalDeniistry\Schiefelbein\Dema) Cases\Liszewski, K enneth\Liszewski.AC.x.m..doc -2- FEB-@3-2611 18:83 rep sae Bes P.a4716 Bea 10. Onor about March 9, 2006, Patient S.G. presented to Respondent “for gingivectomies on and crown preparation of teeth numbers 18-31. The crowns were cemented permanently on or about March 27, 2006. i1. On or about March 30, 2006, Patient S.G. presented to Respondent with broken crowns on teeth numbers 11 and 12. 12. On or about November 17, 2006, Patient S.G. presented to Respondent with broken crowns on teeth numbers 5 and 6. According to the treatment records, tooth number 6 was broken at the nerve and required root canal treatment. 13. On or about November 28, 2006, Patient 5.G. discontinued treatment with Respondent, but presented to subsequent treaters with additional fractures in crowns seated by Respondent. 14, Respondent advised the Department by letter dated April 17, 2007, that he lost an entire page of Patient S.G’s pre-treatment notes along with pre-treatment radiographs. The earliest radiographs Respondent supplied to the Department were dated March 2, 2006, approximately six (6) months after Respondent began treating Patient S.G. 15. According to Respondent's April 17, 2007, letter to the Department, the manner in which Patient S,G. initially presented to. the te J:\PSU\M edical\Dentistry\Schiefelbein\Dental Cases\Liszewski, Kenn eth\Liszewski,AC.x.m..doc -3- Feb 3 : FEB-@3-2611 18:03 ° ae TS P.@5716 Respondent led him to believe “she was surely a heavy bruxer.” Patient S.G.5 radiographs, taken on or about July 22, 2005, support the Respondent's belief that Patient S.G. was “a heavy bruxer”, as the films show advanced wear defects associated with excessive bruxing. 16. Bruxism, or the grinding of teeth, can cause severe loss of enamel and dentin. 17. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that a dentist treat patients who exhibit excessive bruxism by evaluating the problem and using trial methods to see if the bruxism can at least be reduced in severity. Standards also require the creation of a whole new occlusal scheme or bite for the patient, This scheme takes time and temporization techniques to accomplish, 18. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that a dentist restore biting surfaces with cast alloy metal rather than porcelain to prevent excessive occlusal loading when treating a patient who presents as a heavy bruxer. JAPSU\M edical\Dentistry\Schiefelbein\Dental Cases\Ligzewski, Kenneth\Liszewski.AC.x.m..doc FEB-@3-2611 18:83 Feb 5 2011 tesds P.@6/16 49. The minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance require that a dentist not perform major restorative work, such as crowns or bridges, on a patient suffering from periodontal problems without first treating the periodontal condition and establishing good tissue and bone health around the teeth, COUNTI 20. Petitioner realleges and incorporates paragraphs one (1) through nineteen (19) as if fully set forth herein. 21. Section 466.028(1}(m), Florida Statutes (2004-2006), provides 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, constitutes grounds for disciplinary action by the Board of Dentistry. 22. Rule 64B5-17.002(1), Florida Administrative Code requires that a dentist shall maintain written records on each patient which shall contain, at a minimum, appropriate medical history; results of clinical examination and tests conducted including the identification, or lack thereof, of any oral pathology or diseases; any radiographs used for the diagnosis or treatment JAPSUNM edical\Dentisiry\Schiefelbein\Dental Cases\Liszewski, Kenneth\Liszewski. AC.x.m..d0¢ -5- Feb 3 2011 17:45 FEB-@3-2611 18:84 P.ar/i6 of the patient; treatment plan proposed by the dentist; and treatment rendered to the patient. 23. Rule 64B5-17.002(2), Florida Administrative Code requires that a dentist shall maintain the written dental record of a patient for a period of at least four (4) years from the date the patient was last examined or treated by the dentist. 24. Respondent failed to keep written dental records and medical history records justifying the course of treatment in one or more of the following ways: a. By failing to retain an entire page of Patient $.G.'s pre- treatment notes; b. By failing to take, record the results of, and/or retain any _ pre-treatment radiographs taken of Patient S.G.; and/or c. By failing to record the results of a periodontal examination of Patient S.G. prior to initiating restorative and periodontal treatment, if indeed such an examination took place prior to treatment. 25. Based on the foregoing, Respondent has violated Section 466.028(1)(m), Florida Statutes (2004-2006), by failing to keep written dental records and medical history records justifying the course of treatment of Patient S.G., i. JAPSU\Medical\Dentistry\Schiefelbein\Dental Cases\Liszewski, Kenneth\Liszewski.AC.x.m..doe -6- FEB-@3-2611 18:84 ep Se Ee P8716 Ae COUNT I! 26. Petitioner realleges and incorporates paragraphs one (1) | through nineteen (19) as if fully set forth herein. . : -97. Section 466.028(1)(0), Florida Statutes (2004-2006), provides that 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 constitutes grounds for disciplinary action by the Board of Dentistry. 28. Respondent failed to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance in oné or more of the following ways: " a, By failing to perform a periodontal examination of Patient 7 S.G. prior to initiating restorative and periodontal treatment; b. By failing to appropriately evaluate Patient S.G.'s bruxism and/or attempt to reduce the severity of the patient’s symptoms of bruxism prior to performing major restorative work; JAPSU\Madical\ Dentistry \Schiefelbein\Dental Cases\Liszewski, K enneth\Liszewski. AC.x-m..dac FEB-G3-2011 18:04 Feb 5 2011 1246 P.09/16 c. By failing to create or attempting to create a new occlusal scheme or bite for Patient S.G. prior to performing major restorative work; d. By restoring Patient S.G.'s biting surfaces with porcelain rather than cast alloy metal, despite Patient S.Gs initial presentation to Respondent as a heavy bruxer; and/or a,’ By failing to treat Patient S.G.'5 periodontal condition and establish or attempt to establish good tissue and bone health around her teeth prior to performing major restorative work. 29. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida Statutes (2004-2006), 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 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 JAPSU\Medical!Dentisrry\S chiefelbein\Dental Cases\Liszewski, Kenneth\Liszewski-AC.x.m..doc -8- FEB-G3-2011 18:04 Feb 5 2011 1246 P.10/16 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 Ur day of Dé cerrlor , 2007. Ana M. Viamonte Ros, M.D, M.P.H. State Surgeon General FILED aH DOH Prosecution Services Unit DEPARTMENT OF in 4052 Bald Cypress Way, Bin C-65 CLERK: , Tallahassee, FL 32399-3265 owe tet ll Florida Bar No. 265047 Phone: (850) 245-4640, Ext. 8226 Fax: (850) 245-4683 . PCP: rafrd/ of PCP Members: @M, 7, WA DOH v. Kenneth Liszewski, DMD; Case #2007-00647 IAPSUMedical\Dentistry\Schiefelbein\Dental Cases\Liszewski, Kenneth\Liszewski.AC-x.m..doc Feb 3 2011 17:47 FEB-@3-2611 18:85 P.11/16 -NOTICE OF RIGHTS 7 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 counse! 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 behalf if a hearing is requested. | ! | i NOTICE REGARDING ASSESSMENT OF COSTS t / 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. Kenneth Liszewski, DMD; Case #2007-00647 JAPSUAM gdigal\Dentistry\Sehiefelbeia\Dental Cases\Liszewski, Kenneth\Liszewski.AC.x.m, doc -10-

Docket for Case No: 11-000568PL