SPs Be Sy ae Bp STATE OF FLORIDA 2D) ° Ly DEPARTMENT OF HEALTH “Dis gy Yo, 4 GS SI “Wy Oo Cy DEPARTMENT OF HEALTH, pe Ey, Vy, PETITIONER, vs. CASE NUMBER: 2000-05379 JITEN SHETH, B.D.S., MS. 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, JITEN SHETH, B.D.S., M.S., referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Dentistry pursuant to Section 20.43, Florida Statutes, Chapter 456, Florida Statutes, (formerly Chapter 455, Part H; see Chapter 2000-160, Laws of Florida), 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 n boards, as appropriate. ny 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 11877. Respondent's last known address is 380 SR 434 South, Suite 1005, Altamonte Springs, Florida 32715. 3. On or about July 5, 1999, Patient J.B. presented to the Respondent for emergency dental treatment. 4. On or about July 5, 1999, the Respondent determined Patient J.B. had fractured an existing three unit bridge (tooth #24-#26). 5. On or about July 5, 1999, the Respondent recommended emergency root canal therapy on Patient J.B.'s teeth numbers twenty-four and twenty-six and the fabrication of a new three-unit bridge. 6. On or about July 6, 1999, the Respondent performed root canal treatment on Patient J.B.'s teeth numbers twenty-four and twenty-six. , 7, On or about July 6, 1999, the Respondent performed post and core buildup of Patient J.B.'s teeth numbers twenty-four and twenty-six. 8. On or about July 6, 1999, the Respondent began fabrication of a new three-unit bridge for Patient J.B. for teeth numbers twenty-four through twenty-six. 9. On or about July 26, 1999, Patient J.B. presented to a subsequent treater. 10. On or about July 26, 1999, subsequent treater determined perforations of Patient J.B.'s teeth numbers twenty-four and twenty-six occurred during the root canal treatment performed on them. 11. On or about July 26, 1999, subsequent treater informed Patient J .B. that extraction of teeth numbers twenty-four and twenty-six were necessary because of the perforations suffered La during the root canal treatment. x 12. On or about August 9, 1999, subsequent treater extracted Patient J.B.'s teeth numbers twenty-four and twenty-six. 13. An Agency Expert opined that the Respondent did not meet the minimum standard of care in his treatment of Patient J.B. for, but not limited to, the following reasons: a) Perforating the roots of Patient J.B.'s teeth numbers twenty-four and twenty-six; b) Failing to inform Patient J.B. the perforations had occurred; and c) Continuing with post and core buildup and fabrication of a three-unit bridge after the perforations. 14. Respondent's failure to meet the minimum standard of performance in his treatment of Patient J.B. resulted in Patient J.B.'s loss of teeth numbers twenty-four and twenty-six. 15, 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. 77 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 20nd day of UCdelyee , 2004. COUNSEL FOR AGENCY (Rosanna M. Catalano Senior Attorney Agency for Health Care Administration Practitioner Regulation P. O. Box 14229, mail stop 39 Tallahassee, Florida 32317- 4229 (850) 487-9670 RMCrelt PCP: } (es ak DATE: \O}yy\red Jiten Sheth, DN Case Number: 2000-05379 Date: November 16, 2000 John Agwunobi, M.D. Acting Secretary, Department of Health kr BY: a Nancy M. Snurkowski Chief Attorney Agency for Health Care Administration DEPARTMENT OF HEALT DEPUTY CLEARY SLERK Ueki R, enon DATE lo [2.3]e ( 77

Docket for Case No: 02-001948PL