Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENTISTRY
Respondent: WILLIAM GLOVER, III, D.M.D.
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Health
Locations: Orlando, Florida
Filed: May 09, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 20, 2018.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
BOARD OF DENTISTRY
DEPARTMENT OF HEALTH,
Petitioner, CASE NO. 2015-09533
WILLIAM GLOVER, III, D.M.D.,
Respondent.
eS
ADMINISTRATIVE COMPLAINT
Petitioner Department of Health, by and through its undersigned
counsel, files this Administrative Complaint against the Respondent, WILLIAM
GLOVER, III, D.M.D., , and 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 numbered
DN 11757.
3. | Respondent's address of record with the Board of Dentistry is
1507 S. Hiawassee Road, Suite 209, Orlando, Florida 32835.
4. Inpain, Patient GM appointed with Respondent Dr. William Glover,
a member of his insurance network, on March 16, 2015; Dr. Glover performed
an examination, took two periapical radiographs, and diagnosed deep
recurrent decay on teeth #3 and #31.
| 5. ° He recommended root canal therapy, pre-fabricated post & cores,
crown build-ups, and crowns for both teeth.
6. _ Dr. Glover initiated root canal therapy on tooth #3 the same day,
cemented a post in an unidentified canal, and placed a bonded resin core
restoration on #3; however, he was unable to complete the root canal therapy,
and Patient GM reappointed two days later to have the root canal finished.
7. Meanwhile, Patient GM reported that he was in extreme pain after
the initial visit and called Dr. Glover's emergency number; Dr. Glover told him
to seek over-the-counter relief until he returned to complete the root canal.
| 8. Patient GM returned on March 18, 2015, to have the root canal on
tooth #3 completed. Dr. Glover's treatment notes for that day state that he
instrumented, cleaned, and shaped the canals, irrigated and dried them,
sealed them using RC sealer and gutta percha, performed a bonded resin core
restoration, and exposed a periapical radiograph.
9. | When Patient GM appointed on March 26, 2015, for root canal
therapy on tooth #31, he again informed Dr. Glover that he was in extreme
pain; Dr. Glover told him that the pain would go away and commenced
treatment on tooth #31.
10. According to Patient GM, Dr. Glover told him that the root canal
therapy was complete and to “come back in one month for the pain to go
away,” however, the pain from both root canals increased.
1. Concerned, Patient GM called endodontist Terryl M. Crawford,
DM .D. with Trinity Endodontics of Greater Orlando, P.A., and appointed for
an examination and second opinion on March 30, 2015.
| 12. Following a radiographic and clinical examination, Dr. Crawford
diagnosed Patient GM with a “Previously treated/Acute Apical Abscess” on both
teeth, noted hypersensitivity to palpitation and percussion, along with
throbbing pain, and retreated both teeth #3 and #31.
| 13. In accessing tooth #3, Dr. Crawford noted that the mesiolingual
canal of the tooth had not previously been negotiated and that there was
necrotic nerve tissue within various canals. Furthermore, access of the tooth
disclosed a perforation in the pulpal floor of 4 to 6 mm in length and 2 to 4
mm in width, which he repaired with biotene.
14. Perforations of the pulpal floor are a known complication of root
canal therapy; however, minimum standards of performance in dental
diagnosis and treatment require that the provider identify the perforation,
inform the patient, and monitor the complication.
15. Post-operative radiographs exposed by “Respondent and
subsequent treaters disclosed the pulpal floor perforation.
16. Respondent Dr. Glover failed to identify and diagnose the
perforation on tooth #3, thereby failing to meet minimum standards of
performance in dental diagnosis and treatment.
. 17. Missing the presence of a fourth canal in an upper first molar
tooth does not fall below minimum standards of performance in dental
diagnosis and treatment; however, failure to place adequate root canal filling
in the remaining canals does not meet minimum standards of dental
treatment.
18. The minimum standard of care when measured against generally
prevailing peer performance in the State of Florida requires that during a
root canal treatment, the dentist fill the obturated canal with appropriate
material.
19. Respondent failed to provide adequate or complete endodontic ©
filling in either the mesiobuccal or the distobuccal canals of tooth #3, leaving
the last five millimeters of the root lengths unfilled, thereby failing to meet
minimum standards of performance in dental treatment.
20. Section 466.028(1)(x), Florida Statutes (2008-2009), states that
“[b]eing 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
malpracticef,]" shall constitute grounds for disciplinary action by the Board
of Dentistry. |
| 21. By failing to identify the perforation of the pulpal floor on tooth
#3, inform the patient, and monitor the complication, Respondent violated
section 466.028(1)(x), Florida Statutes.
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 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.
ie
SIGNED this
PCP: May 6, 2016
PCP Members: JT; JC; LB
C\ 5
day of Vve~ 2016.
Celeste Philip, MD, MPH
Interim State Surgeon General,
Gail Scott Hill
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar # 909289
850.245.4444 FAX 850.245.4684
NOTICE OF RIGHTS
_ Respondent has the right to request or petition for an administrative hearing to be
conducted in accordance with Sections 120.569 and 120.57, Florida Statutes.
Respondent has the right to be represented by counsel or other qualified
representative, to call and cross-examine witnesses, and to have subpoenas and
subpoenas duces tecum issued on his or her behalf if a formal administrative.
hearing is requested. Administrative hearings are also governed by Rule 28-106,
Florida Administrative Code. -
A request or petition for an administrative hearing must be in writing and must be
received by the Department within twenty-one (21) days from the day this
Administrative Complaint is served. A request or petition for a hearing must be in
conformance with Chapter 28-106.2015(5), Florida Administrative Code and must
be sent to the Department at the following address:
Department of Health
Prosecution Services Unit
Attention: Gail S. Hill, Esq.
4052 Bald Cypress Way, Bin #C65
Tallahassee, Florida 32399-1701
Mediation is not available as an alternative remedy.
If your request or petition for a formal administrative hearing is not received
by the Department within twenty-one (21) days from the date of service of
this Administrative Compiaint, that failure will constitute a waiver of your
right to an administrative hearing.
DOH v. WILLIAM GLOVER, ITI, D.M.D., 2015-09533
Docket for Case No: 18-002334PL
Issue Date |
Proceedings |
Jul. 20, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 19, 2018 |
Unopposed Motion to Relinquish Jurisdiction filed.
|
Jul. 19, 2018 |
Notice of Serving Petitioner's Responses to Respondent's First Request for Production filed.
|
Jul. 17, 2018 |
Notice of Taking Deposition (GM) filed.
|
Jun. 28, 2018 |
Respondent's First Request for Production filed.
|
Jun. 19, 2018 |
Petitioner's Notice of Taking Deposition filed.
|
Jun. 13, 2018 |
Response to Petitioner's Request for Admissions filed.
|
Jun. 13, 2018 |
Respondent's Response to Petitioner's Request for Production filed.
|
May 30, 2018 |
Notice of Appearance (David Fursteller) filed.
|
May 18, 2018 |
Order of Pre-hearing Instructions.
|
May 18, 2018 |
Notice of Hearing by Video Teleconference (hearing set for July 31, 2018; 9:30 a.m.; Orlando and Tallahassee, FL).
|
May 17, 2018 |
Joint Response to the Initial Order filed.
|
May 14, 2018 |
Notice of Serving Petitioner's First Request for Admissions, First Request for Production of Documents, and First Set of Interrogatories filed.
|
May 10, 2018 |
Initial Order.
|
May 09, 2018 |
Election of Rights filed.
|
May 09, 2018 |
Administrative Complaint filed.
|
May 09, 2018 |
Agency referral filed.
|