Petitioner: DEPARTMENT OF HEALTH, BOARD OF DENTISTRY
Respondent: MARCELO MATTSCHEI, D.D.S.
Judges: BRIAN A. NEWMAN
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Mar. 02, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 17, 2020.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
BOARD OF DENTISTRY
DEPARTMENT OF HEALTH, |
PETITIONER,
v. CASE NO: 2016-09684
MARCELO MATTSCHET, D.D.S.,
RESPONDENT.
cee |
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, Marcelo Mattschei, 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 DN 14337. |
3. Respondent's address of record is 9960 Business Circle, Unit 14,
Naples, Florida 34112.
4. Patient M.G. had a history of periodontal disease. On or about
August 14, 2014, Patient M.G.’s prior treater Dr. A. diagnosed Patient M.G.
with periodontal disease and recommended a periodontal maintenance
procedure to be done every 3 months.
5. On or about October 12, 2015, Patient M.G. presented to
Respondent at his place of employment, Dental Crown in an Hour (Dental
Crown) for an initial comprehensive exam. Respondent noted severe wear
of Patient M.G’s teeth and diagnosed a decrease in vertical dimension of
Patient M.G.’s jaw due to bruxism.
6. | Respondent recorded a Periodic Screening and Recording
C(PSR”) score of up to a “Code 3” for associated bone and attachment loss.
A“Code 3” indicates a finding of periodontal pockets of up to 5.5 mm.
7. A “Code 3” finding indicates chronic periodontal disease.
Periodontal disease is a chronic inflammatory disease of the gums,
supporting bone, and attachment around the teeth.
8. Without proper periodontal maintenance protocols, chronic
periodontal disease can progress to the extent of tooth loss.
9. Respondent proposed the following treatment plan: root canal
therapy for Patient M.G’s tooth #22, a post and build-up after the root
canal, and temporary crowns for. teeth #’s 4 through 7, 10, 13 through 14,
and 18 through 30. The crowns for teeth #’s 18 through 30 were
proposed as splinted crowns.
10. The minimum standard of performance in diagnosis and
treatment in the practice of dentistry requires a dentist to develop a
treatment plan sufficient to address the patient’s periodontal needs or
provide the patient with a timely referral to a specialist.
: 11. On or about January 26, 2016, on Respondent's
recommendation, Patient M.G. had an adult prophylaxis cleaning performed
by a dental hygienist at Dental Crown.
12. Adult prophylaxis procedures are designed for patients with
normal, healthy periodontal conditions. The procedure does not address
periodontal conditions.
13. At the January 26, 2016 visit, the dental hygienists noted a PSR
of up to “Code 2,” for bleeding, plaque, and calculus debris.
14. Respondent did not propose a treatment plan that would
sufficiently address Patient M.G.’s periodontal disease or refer Patient M.G.
to a specialist.
15. Respondent fell below the minimum standard of performance in
diagnosis and treatment in the practice of dentistry by failing to provide a
treatment plan sufficient to address Patient M.G/s periodontal disease or
refer her to a specialist. |
16. On or about October 19, 2015, Patient M.G. presented to
Respondent to begin treatment. Respondent took impressions of Patient
M.G/’s bottom teeth for the splinted crown for teeth #’s 18 through 30.
Respondent took a bite registration and selected shade colors of the
restoration.
17. On or about November 2, 2016, Respondent prepared Patient
M.G.'s lower anterior teeth and delivered the temporary crown splint.
18. The minimum standard of performance in diagnosis and
treatment in the practice of dentistry requires a dentist to treat a patient’s
periodontal health prior to placing restorations, as active periodontal
disease will impact the effectiveness of the treatment and may also be
exacerbated by the placement of the restorations.
19. On or about November 6, 2016, Patient M.G. returned to
Respondent with a complaint of pain in the areas of teeth #’s 18 and 19
and that the temporary splinted crown was loose. Respondent diagnosed
tooth #18 with pulpitis, an apical cyst on tooth #19, and
temporomandibular disorder.
20. Respondent proposed a CT scan, root canals with build up for
teeth #’s 18 and 19. Respondent also reordered the temporary crown splint
due to noted open margins.
21. On or about November 16, 2015, Patient M.G. presented to
Respondent with sensitivity around the lower temporary splint.
22. On or about December 30, 2015, Patient M.G. presented to
Respondent for repair to a chipped veneer on tooth #10. Respondent
diagnosed’ chronic periodontitis on tooth #19. Respondent performed a
root canal on tooth #18. Respondent also delivered and realigned the new
lower temporary splint.
23. On or about February 2, 2016, Respondent cauterized excess
gum tissue around Patient M.G.'s teeth #’s 27 through 28 that interfered
with the splinted crowns fit. Respondent performed a buildup procedure on
root canal tooth #19. Respondent took final impressions for the 10 unit
permanent crown splint. This was the last visit Patient M.G. had with
Respondent.
24. Respondent fell below the minimum standard of performance in
diagnosis and treatment in the practice of dentistry by failing to treat
Patient M.G.’s periodontal health prior to placing restorations.
25. On or about February 11, 2016, Patient M.G. sought a second
opinion with Dr N.R. After an evaluation of Patient M.G., Dr N.R.
diagnosed Patient M.G. with periodontal disease and made a referral to a
specialist.
26. Section 466.028(1)(x), Florida Statutes (2015), states that
“[bJeing 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[,]” shall constitute grounds
for disciplinary action by the Board of Dentistry.
27. Respondent violated Section 466.028(1)(x), Florida Statutes, in
one or more of the following ways: |
A. By failing to provide sufficient treatment for Patient M.G/s
periodontal condition or refer her to a specialist; or,
B. By failing to treat Patient M.G.'s periodontal health prior to
placing restorations.
WHEREFORE, Petitioner respectfully requests that the Board of
Dentistry enter an order imposing one or more of the following penalties:
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 } day of November 2018.
Celeste Philip, MD, MPH
Surgeon General & Secretary of Health
sistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, Florida 32399-3265
Florida Bar #105920
., TEL: 850.245.4640, FAX: 850.245.4681
DEPARTMENT OF HEAL: « Express Mail Address: :
- . 2585 Merchants Row, Suite 105
cunt: Brno? Cortte< Email: rose.garrison@flhealth.gov
NOV 09 2017
ee
PCP: September 1, 2017 . ak
PCP Members: Dr. Thomas , Tr. Fam, Dr. Britren
DOH vy. Marcelo Mattschei, D.D.S., Case # 2016-09684
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.
__ A request or petition for an administrative hearing must be
in writing and must be received by the Department within 21
days from the day Respondent received the Administrative
Complaint, pursuant to Rule 28-106.111(2), Florida
Administrative Code. If Respondent fails to request a hearing
within 21 days of receipt of. this Administrative Complaint,
Respondent waives the right to request a hearing on the facts
alleged in this Administrative Complaint pursuant to Rule 28-
106.111(4), Florida Administrative Code. Any request for an
administrative proceeding to challenge or contest the material
facts or charges contained in the Administrative Complaint must
conform to Rule 28-106.2015(5), Florida Administrative Code.
Mediation under Section 120.573, Florida Statutes, is not
available to resolve this Administrative Complaint.
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. Marcelo Mattschei, D.D.S., Case # 2016-09684
Docket for Case No: 20-001142PL
Issue Date |
Proceedings |
Jul. 17, 2020 |
Order Closing File and Relinsquishing Jurisdiction. CASE CLOSED.
|
Jul. 16, 2020 |
Joint Motion to Relinquish Jurisdiction without Prejudice filed.
|
Jul. 16, 2020 |
Petitioner's Notice of Cancellation of Deposition filed.
|
Jul. 15, 2020 |
Order Rescheduling Hearing by Zoom Conference (hearing set for August 26 and 27, 2020; 9:30 a.m.; Tallahassee).
|
Jul. 15, 2020 |
Order Denying Petitioner's Objections to Respondent's Notice of Production from Non-Party.
|
Jul. 15, 2020 |
CASE STATUS: Motion Hearing Held. |
Jul. 10, 2020 |
Second Notice of Taking Continued Deposition Duces Tecum (Dr. Dunford) filed.
|
Jul. 10, 2020 |
Amended Notice of Taking Deposition Duces Tecum (of Charles Ross DDS) filed.
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Jul. 07, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for July 15, 2020; 10:00 a.m.).
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Jul. 02, 2020 |
Motion Requesting Hearing Time filed.
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Jun. 26, 2020 |
Petitioner's Objections to Respondent's Notice of Production from Non-Party filed.
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Jun. 23, 2020 |
Notice of Taking Deposition Duces Tecum (Derek Maloney) filed.
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Jun. 23, 2020 |
Notice of Taking Continued Deposition Duces Tecum (Dr. Dunford) filed.
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Jun. 19, 2020 |
Re-Notice of Taking Deposition Duces Tecum (Dr. Long Huynh) filed.
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Jun. 18, 2020 |
Amended Notice of Taking Deposition Duces Tecum (Josh Burnside) filed.
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Jun. 18, 2020 |
Notice of Cancellation of Deposition (Marie Gale) filed.
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Jun. 18, 2020 |
Respondent's Notice of Production to Non-Party filed.
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Jun. 12, 2020 |
Notice of Taking Deposition Duces Tecum (Dr. Charles Ross) filed.
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Jun. 03, 2020 |
Amended Notice of Taking Deposition Duces Tecum filed.
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Jun. 02, 2020 |
Petitioner's Notice of Taking Deposition Testimony (Mattschei 7/17) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Maloney 6/23) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (D'Amico 6/22) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Hyunh 6/22) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Burnside 6/19) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Gale 6/19) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Patient M.G. 6/12) filed.
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Jun. 01, 2020 |
Cross-Notice of Taking Deposition (Dunford 6/11) filed.
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May 26, 2020 |
Notice of Appearance (Kelly Fox) filed.
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May 22, 2020 |
Cross-Notice of Taking Deposition (Natalie Platt) filed.
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May 13, 2020 |
Notice of Serving Petitioner's Responses to Respondent's Initial Request for Production, Initial Request for Interrogatories, Expert Witness Interrogatories, and Expert Witness Production filed.
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May 11, 2020 |
Notice of Taking Deposition Duces Tecum (Natalie Platt) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 11, 2020 |
Notice of Taking Deposition Duces Tecum (Michele Guarino) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 08, 2020 |
Order Granting Continuance and Rescheduling Hearing (hearing set for August 26 and 27, 2020; 9:30 a.m.; Naples).
|
May 07, 2020 |
Notice of Taking Deposition Duces Tecum (Derek Maloney) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 05, 2020 |
Notice of Taking Deposition Duces Tecum (Josh Burnside) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 05, 2020 |
Notice of Taking Deposition Duces Tecum (Dr. Gale) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 05, 2020 |
Notice of Taking Deposition Duces Tecum (Dr. Dunford) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 05, 2020 |
Notice of Taking Deposition Duces Tecum (Dr. Huynh) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 05, 2020 |
Notice of Taking Deposition Duces Tecum (Dr. D'Amico) (medical information; not available for viewing) filed. 
 Confidential document; not available for viewing. |
May 01, 2020 |
Joint Motion for Continuance of Final Hrg and Notice of Mutual Availability filed.
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Apr. 24, 2020 |
CASE STATUS: Status Conference Held. |
Apr. 21, 2020 |
Notice of Court Reporter filed.
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Apr. 20, 2020 |
Notice of Telephonic Case Management Conference (status conference set for April 24, 2020; 11:00 a.m.).
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Apr. 16, 2020 |
Respondent's Response to Petitioner's Request for Production filed.
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Apr. 16, 2020 |
Respondent's Responses to Petitioner's Request for Admissions filed.
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Apr. 16, 2020 |
Respondent's Notice of Serving Answers to Petitioner's Interrogatories filed.
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Apr. 09, 2020 |
Petitioner's Notice of Intent to Serve Subpoena Duces Tecum without Deposition on a Non-party filed.
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Apr. 06, 2020 |
Respondent's Notice of Serving Request for Admissions to Petitioner filed.
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Apr. 06, 2020 |
Order Denying Respondent's Motion to Dismiss.
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Apr. 03, 2020 |
CASE STATUS: Motion Hearing Held. |
Apr. 02, 2020 |
Respondent's Expert Request for Production to Petitioner filed.
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Apr. 02, 2020 |
Respondent's Notice of Serving Expert Witness Interrogatories to Petitioner filed.
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Apr. 02, 2020 |
Respondent's Request for Production to Petitioner filed.
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Apr. 02, 2020 |
Respondent's Notice of Serving Interrogatories to Petitioner filed.
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Apr. 02, 2020 |
Notice of Court Reporter filed.
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Apr. 01, 2020 |
Notice of Telephonic Motion Hearing (motion hearing set for April 3, 2020; 10:00 a.m.).
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Mar. 31, 2020 |
Order of Pre-hearing Instructions.
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Mar. 31, 2020 |
Notice of Hearing (hearing set for May 19 and 20, 2020; 9:30 a.m.; Naples).
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Mar. 27, 2020 |
Petitioner's Amended Response to Respondent's Motion to Dismiss filed. (medical information; not available for viewing) 
 Confidential document; not available for viewing. |
Mar. 26, 2020 |
Respondent's Notice of Filing filed.
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Mar. 26, 2020 |
Respondent's Memorandum of Law in Support of Motion to Dismiss Petitioner's Administrative Complaint with Prejudice and for Entry of Judgment filed.
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Mar. 24, 2020 |
Amended Joint Notice of Availability filed.
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Mar. 23, 2020 |
Respondent's Motion to Dismiss Petitioner's Administrative Complaint with Prejudice and for Entry of Judgment filed.
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Mar. 11, 2020 |
Notice of Transfer.
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Mar. 10, 2020 |
Joint Response to Initial Order filed.
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Mar. 10, 2020 |
Notice of Appearance (Jonathan Abel) and Designation of Email Addresses in Compliance with Rule 2.516 filed.
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Mar. 05, 2020 |
Notice of Serving Petitioner's First Request for Production, First Request for Interrogatories, and First Request for Admissions to Respondent filed.
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Mar. 03, 2020 |
Initial Order.
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Mar. 02, 2020 |
Election of Rights filed.
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Mar. 02, 2020 |
Administrative Complaint filed.
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Mar. 02, 2020 |
Agency referral filed.
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CASE STATUS: Motion Hearing Held. |