Ce u EO UH ps STATE OF FLORIDA 00 4 to £ QD DEPARTMENT OF HEALTH ~ % op ij. DEPARTMENT OF HEALTH, 4 ayy Soy bs 4 Egg se, PETITIONER, : Af iia Ve vs. CASE NUMBER: 1999-52314 SAMIR HANANIA, D.M.D., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Dentistry against SAMIR HANANIA, D.M.D., 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, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 466, Florida Statutes. 2. Pursuant to the authority of Section 20.43 (3) (g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils or board, as appropriate, including the issuance of emergency orders of suspension or restriction. 3. Respondent is, and has been at all times material hereto, a licensed dentist in the State of Florida, having been issued license number DN 0012705. Respondent's last known address is 12200 San Jose Boulevard, Suite #17, Jacksonville, Florida 32223. Woo. u 4. On or around September 19, 1996, Patient T.C. presented to the Respondent for dental treatment because she had fractured part of the crown on tooth number twenty (#20). 5. The Respondent evaluated tooth number twenty (#20), recommended a root canal, and after obtaining clearance from Patient T.C.’s obstetrician to perform X-rays and the root canal, scheduled Patient T.C. for the root canal. 6. On or around September 27, 1996, Patient T.C. presented to the Respondent for root canal treatment. . 7. On or around September 27, 1996, the Respondent performed a root canal on Patient T.C.’s tooth number twenty (#20). 8. On or around September 28, 1996, Patient T.C. developed pain and tingling in the lower left lip, which she reported to the Respondent. 9. The Respondent referred Patient T.C. to Dr. Tabeling, an Oral and Maxillofacial Surgeon, for evaluation. , 10. Dr. Tabeling, determined that tooth number twenty (#20) was overfilled, allowing material to extend past the apex, causing parasthesia to Patient T.C.’s lower lip vermillion border. 11. Dr. Tabeling conferred with the Patient and subsequently referred the Patient to Dr. . James Ruskin, Chairman of the department of Oral and Maxiofacial Surgery at the University of Florida. 12.- After conducting a series of tests, Dr. James Ruskin, confirmed the Maxillofacial Surgeon’s determination and recommended performance of a nerve block to relieve Patient T.C.’s pain. ) 13. Patient T.C. has seen multiple treaters in an attempt to obtain relief from the pain and numbness that resulted from the Respondent’s root canal treatment. wo, U 14. Respondent failed to obtain proper working length distance for endodontic instrumentation of tooth number twenty (#20). 15. Respondent overfilled tooth number twenty (#20) with gutta percha by approximately 5mm. 16. The Respondent failed to meet the minimum standard of care in the treatment of Patient T.C. by performing a root canal on Patient T.C. which resulted in nerve damage and loss of sensation to lower left lip and facial area. 17. 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 (1) (x), Florida Statutes, for 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. Yo U —_. WHEREFORE; Petitioner respectfully requests. the Board of Dentistry 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 Dif liay of a : 1999> Robert G. Brooks, M.D. Secretary, Department of Health . Nancy M. Snurkowski. & Chief Attomey« fi _ Agency for Health Care:: Ea COUNSEL FOR AGENCY ; John L. Chaves: _— FILED Senior Attomey--. "DEPARTMENT OF HEALTH Agency for Health Care EPUTY CLERK Administration- 6 alice Practitioner Regulation .- DATE. P. O. Box 14229, mail stop 39: 62.05 Tallahassee, Florida 32317- 4229 ene Samir Hanania, DN Case Number: 99-52314 Date: December 22, 1999-

Docket for Case No: 00-003533PL