zi Pe . STATE OF FLORIDA 0 o"e?e ps DEPARTMENT OF HEALTH 2 tp °& f i C / ‘ . DEPARTMENT OF HEALTH 4 olvy. Py 2. GAs we Og PETITIONER, . CARE Re Nee! iy vs CASE NUMBER. 2000-00586 RONALD L. ASKOWITZ, D.D.S., RESPONDENT. CO-606 \ / ADMINISTRATIVE COMPLAINT Petitioner, Department of Health, hereinafter referred to as “Petitioner”, files this Administrative Complaint before the Board of Dentistry, against RONALD L. ASKOWITZ, D.D:S. 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 and Chapter 456, Florida Statutes, (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of F lorida), and Chapter 466, Florida Statutes. Pursuant to Section 20.43 (3)(g), Florida Statutes, the Department 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, as appropriate. 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 3884. Respondent’s last known address is 260 95" Street, Suite 209, Surfside, Florida 33154. C C 3. On or about 1998-1999, Patient M.S. presented to the Respondent for root canal therapy on tooth #8. 4. Subsequent to the root canal therapy provided by the Respondent, Patient M.S. experienced pain and infection at the root canal site. 5. On or about March 8, 1999, Patient M.S, presented to a subsequent treater complaining of pain and infection at the root canal site. 6. Upon examination of Patient M.S., the subsequent treater discovered that ‘during the root canal procedure the Respondent broke an endodontic file off in the canal ~ of tooth #8, and that the Respondent left a portion of the broken file in the canal. 7. The Respondent placed a crown on tooth #8 despite the fact that a portion " of a broken endodontic file was left in the canal. 8. The Respondent did not inform the patient that he broke an endodontic file off in the patient’s tooth # 8 canal and that he left the broken file in the canal, 9. Petitioner realleges an incorporates by reference the foregoing allegations as if fully stated herein. 10. 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 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. oe C C 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. a Signed this Dv Ctay of _| I Lax LA , 2000 BY: COUNSEL FOR PETITIONER: John L. Chaves Senior Attomey Agency for Health Care Administration Office of the General Counsel P.O. Box 14229, Mailstop #39 Tallahassee, Florida 32317-4229 (850) 410-3467 PCP: DATE: Ronald L. Askowitz Administrative Complaint . Case No. 2000-00586 July 31, 2000 Robert G. Brooks, M.D. Secretary, Department of Health Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration _ Office of General Counsel DEPARTMENT OF H DEPUTY CLERK CLERK Whi, Kens, DATE 1S /Joce

Docket for Case No: 00-005061PL