Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENTISTRY
Respondent: CHARLES TOMEO, D.M.D.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: Bradenton, Florida
Filed: Feb. 07, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 26, 2014.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
BOARD OF DENTISTRY
DEPARTMENT OF HEALTH,
PETITIONER,
Vv. CASE NUMBER: 2012-02188
CHARLES A. TOMEO, D.M.D.,
RESPONDENT.
ee /
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health, by and through its undersigned
counsel, files this Administrative Complaint action before the Board of
Dentistry s eeking disciplinary action against the Respondent, Charles A.
Tomeo, D.M.D., and, in support, alleges:
1. Petitioner is the agency charged with regulating the practice of
Dentistry pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida
Statutes; 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 7780.
3. Respondent's address of record with the Department of Health
is 1906 D 59” Street West, Bradenton, Florida 34209,
4. On or about January 8, 2009, Patient CP was seen by
Respondent for the purpose of extracting tooth number 19.
5. Prior to the extraction, Respondent and Patient CP discussed a
plan of treatment that included the need for a bone graft and a dental
implant at extraction site #19.
6. Where a dental implant is anticipated after extraction, the
minimum standard of diagnosis and treatment requires that the root(s)
must be fully extracted.
7. Before the extraction, Respondent noted that tooth number 19
appeared to have a fractured furcation, and the tooth actually fractured on
luxation.
8. On February 16, 2009, Patient CP. presented with discomfort
and tenderness at extraction site #19, at which time the site was
reopened, debrided and resutured.
9. The minimum standard of diagnosis and treatment requires that
the dentist recognize and promptly diagnose the root fracture and remove
entire the root in a timely manner when a dental implant is contemplated for
that site.
10. No x-ray was taken after the extraction of tooth number 19 to
confirm the complete removal of the fractured root.
ii. No x-rays were taken on Patient CP’s return visit of February 16,
2009.
12. An x-ray taken at either time would have shown the entire mesial
root of tooth number 19 extending from its apex up to the crest of the ridge.
_ 13. A panoramic x-ray taken on November 2009 shows the entire
mesial root of tooth number 19 extending from its apex up to the crest of the
ridge.
14. A later periapical x-ray also shows the entire mesial root of tooth
number 19 extending from its apex up to the crest of the ridge.
15. Alternatively, the minimum standard of diagnosis and treatment
requires that the dentist recognize and promptly diagnose the root fracture;
inform the patient that there is a retained root tip; inform the patient of the
risks of leaving or removing the root tip; and inform the patient of the
alternatives to dental implant if the root tip is retained.
16. Respondent did not inform Patient CP that there was a retained
root tip, failed to inform Patient CP of the risks of leaving or removing the
root tip, and failed to discuss with Patient CP that a dental implant could not
be placed without removal of the root tip.
17. Section 466.028(1)(x), Florida Statutes (2009), 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 constitutes grounds for
disciplinary action by the Board of Dentistry.
18. Based on the foregoing, the Respondent violated section
466.028(1)(x), Florida Statutes (2009), 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, .
WHEREFORE, Petitioner respectfully requests that the Board of
Dentistry enter an order imposing one or more of the following penalties:
suspension of Respondent's licensure, or restriction of Respondent’s
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. ;
wh
SIGNED this 22 day of 2013.
John H. ameter MD, FACS
State neral and Secretary of Health
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
FILED
DEPARTMENT OF HEALTH
DEPUTY CLERK
CLERK Angel Sanders
~. PATE APR 2 2 2013
PCP: April 19, 2013
Tallahassee, FL 32399-3265
Florida Bar # 0630071
(850) 245-4444
(850) 245-4681 fax
PCP Members: C.M., S.L., J.T.
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 behalf 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. Tomeo, case number 2012-02188
Docket for Case No: 14-000576PL
Issue Date |
Proceedings |
Mar. 26, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 26, 2014 |
Respondent's Notice of Non-objection to Petitioner's Motion to Relinquish Jurisdiction and Close File filed.
|
Mar. 20, 2014 |
(Petitioner's) Motion to Relinquish Jurisdiction and Close File filed.
|
Mar. 19, 2014 |
Respondent Charles A. Tomeo, D.M.D.'s Notice of Service of Objections and Answers to Petitioner's First Set of Interrogatories filed.
|
Mar. 14, 2014 |
Substitution of Counsel (Tari Rossitto-Van Winkle) filed.
|
Mar. 12, 2014 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 22 through 24, 2014; 9:30 a.m.; Bradenton, FL).
|
Mar. 10, 2014 |
(Petitioner's) Notice of Non-Objection Regarding Respondent's Motion for a Continuance of Formal Hearing filed.
|
Mar. 06, 2014 |
Respondent's Motion for Continuance of Formal Hearing filed.
|
Mar. 05, 2014 |
Respondent Charles A. Tomeo, D.M.D.'s Amended Notice of Service of First Interrogatories to Petitioner filed.
|
Mar. 04, 2014 |
Respondent Charles A. Tomeo, D.M.D.'s Notice of Service of First Interrogatories to Petitioner filed.
|
Mar. 04, 2014 |
Notice of Appearance (Melissa Krepps) filed.
|
Feb. 20, 2014 |
Notice of Serving Petitioner's Second Request for Admissions to Respondent filed.
|
Feb. 19, 2014 |
Amended Notice of Hearing (hearing set for April 15 through 17, 2014; 9:30 a.m.; Bradenton, FL; amended as to Location).
|
Feb. 18, 2014 |
Notice of Hearing (hearing set for April 15 through 17, 2014; 9:30 a.m.; Bradenton, FL).
|
Feb. 18, 2014 |
Order of Pre-hearing Instructions.
|
Feb. 17, 2014 |
Joint Response to Initial Order filed.
|
Feb. 11, 2014 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
|
Feb. 10, 2014 |
Initial Order.
|
Feb. 10, 2014 |
Notice of Appearance - Petitioner - Tari Rossitto-Van Winkle, R.N., J.D filed.
|
Feb. 07, 2014 |
Election of Rights filed.
|
Feb. 07, 2014 |
Respondent Charles A. Tomeo, D.M.D.'s Request for Formal Hearing filed.
|
Feb. 07, 2014 |
Administrative Complaint filed.
|
Feb. 07, 2014 |
Agency referral filed.
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