WY a UW STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH PETITIONER, Q0- 157 L vs. CASE NUMBER: MOUNIR ALBERT, RESPONDENT. / ADMINISTRATIVE COMPLAINT Department of Health, hereinafter referred to as “Petitioner”, files this Administrative Complaint before the Board of Dentistry, against MOUNIR ALBERT, hereinafter referred to as "Respondent", and alleges: . 1. Petitioner is the state agency charged with regulating the practice of dentistry pursuant to Section 20.43, Chapter 455, and Chapter 466, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards. 2. _ Respondent i is, and has been at all times material hereto, a licensed dentist i in the State of Florida, ving been ‘sone icense ‘number DN ‘oo102i7. ~ Respondent's last known way Boca 1 Raton, FL 33431. address is 2200 North Dixie Hi 3. On or about January ‘17, 1997, “Patient A. K. see to , the Respondent ‘for , ‘denial b eae” “4... On or about January 17, 1997 and January 20, 1997, the Respondent prepared Patient A. K. for a fixed bridge from tooth #18 to tooth #20. ~~) ; ad 5. Onor about February 25, 1997, Respondent placed a fixed bridge from Patient A. K.’s tooth #18 to tooth #20. 6. In or about the latter half of June 1997, Patient A. K. felt discomfort in the area of her bridge and scheduled an appointment with her former dentist, Deborah L. Davis. 7. On or about July 2, 1997, Patient A. K. presented to Dr. Davis for examination. Dr. Davis advised Patient A.R. to return to the Respondent for evaluation of the bridge. 8. On or about July 10, 1997, Patient A.K. presented to the Subject. The Subject took the bridge off, filed the post. down, and replaced the bridge. 9. On or about July 25, 1997, because of continuing pain, Patient A.K. telephoned Dr. Davis who referred Patient A. K. to an endodontist, Jordan L. Shapiro, for possible root canal therapy. 10. On or about July 31, 1997, Patient A. K. presented to Dr. Shapiro for an examination. Dr. Shapiro recommended root canal therapy for tooth #20 and advised that tooth #18 might also need root canal therapy. . § 11. Endodontic therapy on tooth #20 was completed on 6r about August 28, 1997, by ; Dr. Shapiro. 1. Respondent failed to properly place the bridge over Patient A. K.’s teeth #18 — #20. Because ‘of the improper fit of the bridge the patient ultimately required root canal therapy. eye pepe ee COUNT I 13. Petitioner realleges and incorporates by reference the foregoing allegations as if fully stated herein. 14. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline pursuant to Section 466.028(1)(x), Florida Statutes, for 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. COUNT IL Ir 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12). . 4 16. Based on the foregoing, the Respondent’s license to practice dentistry in the State of Florida is subject to discipline for violating Section 466. 028 (aaa), Florida Statutes, for the violation or the repeated Violation of chapter 466, ‘part I of Chapter 455, or any rule Ree ; _ promulgated pursuant to pac 0 of f chapter 455 or or chapter 466. WHEREFORE, Petitioner respectfully requests the Board of Dentistry to enter an order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine and costs, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this” Hay of Honan , 2000. Robert G. Brooks, M.D. Secretary, Department of Health BY: Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration Office of General Counsel - Allied Health COUNSEL FOR PETITIONER: John L. Chaves Senior Attorney Agency for Health Care Administration : Practitioner Regulation . OEPARTMENT OF HEALTH P. O. Box 14229, mail stop 39 DEPUTY CLERK Tallahassee, Florida 32317-4229 CLERK Yad RMVam (850) 487-9670 “ILCielt a PCP: Garcia, Robinson, & Fischer data nee ne ce PRET reer ree creme

Docket for Case No: 00-001577