STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH,

PEmIONER,

v. CASE NO. 2008-11203

Anthony Adams, o.o.s.

RESPONDENT.

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, Anthony Adams, 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 7524.

3. Respondent's address of record is 25877 U.S. Highway 19 North, Clearwater, FL 33763.

4. Respondent provided dental treatment to Patient C.G. from on or

   
   

   about May 26, 2005, through on or about April 30, 2007.

   
   

5. On or about May 26, 2005, Patient C.G. presented to the Respondent as a new patient. The Respondent performed a comprehensive examination. In addition, Patient C.G. completed a medical/dental history form that indicated that the patient was taking a medication that would cause

   
   

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   dry mouth. Dry mouth increases dental decay and periodont.al problems.

   
   

6. On or about June 8, 2005, Patient C.G. presented to the Respondent to review treatment recommendation. Patient C.G. and the Respondent discussed treatment options including implants and a bridge. Patient C.G. expressed concern about her dry mouth resulting from the medication. The treatment notes reflect that the patient's dry tissue was a big concern for the patient. The Respondent noted that he would not fabricate a bridge with upper crowns. Instead, the Respondent recommended an upper over denture supported by hadar-bar.

7. On or about June 22, 2005 the Respondent presented a treatment plan to Patient C.G. for an upper and lower over denture.

   
   

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8. On or about July 21, 2005 Patient C.G. presented for a full mouth debridement.

9. On or about October 3, 2005, Patient C.G. presented to the

   
   

   Respondent and the Respondent removed the patient's old crowns and bridges from teeth numbers 3, 4, 5, 6, 8, 10, 11, 12, 13, 14 and 15. The treatment notes reflect that Patient C.G. had lots of decay and the patient's

   gums were infected. The Respondent extracted teeth numbers 7 and 9. The Respondent provided post-operative instructions to Patient C.G. and noted that the patient would need 12 weeks to heal. The Respondent

   prepared the patient's teeth for copings and delivered an interim full partial

   
   

   denture.

10. On or about November 2, 2005, Patient C.G. presented to the Respondent for pre-fab post and core for teeth numbers 4, 8, 10 and 11. The Respondent also performed crown build-up on tooth number 5.

11. On or about November 9, 2005, the Respondent removed

    
    

    decay from teeth numbers 14 and 15 and prepared the teeth for copings.

    
    

12. On or about February 2, 2006, the Respondent delivered the hadar-bar supported full maxillary denture and copings to Patient C.G.

13. On or about August 31, 2006, the Respondent referred Patient

    
    

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    C.G. to an endodontist to have tooth number 14 treated. After the Respondent consulted with Patient C.G. on or about September 14, 2006, the Respondent recommended extracting tooth number 14 because of the patient's bone loss. The Respondent cut the coping and the framework·.

    between tooth number 11 and 15. The Respondent referred Patient C.G. to a subsequent treating dentist for the extraction.

14. On or about August 9, 2007, Patient C.G. presented to a subsequent treating dentist. The subsequent treating dentist took x-rays that showed open margins on the copings on teeth numbers 2 and 4.

15. The Respondent failed to meet the minimum standards of

    
    

    performance in diagnosis and treatment by recommending and seating a long span, cemented restoration from teeth numbers 2-15 for a patient with dry mouth, high dental caries rate and periodontal problems.

16. The standard of care for a dentist permanently seating copings is that the copings should fit the teeth well with no open margins.

17. Section 466.028(1)(x), Florida Statutes (2004-2006), provides that 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

    
    

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    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 constitutes grounds for disciplinary action by the Board of

    Dentistry.

    
    

18. Respondent failed to meet the minimum standards of

    
    

    
    

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    performance in diagnosis and treatment when measured against generally prevailing peer performance in one or more of the following ways:

    1. By recommending and seating a long span,

       cemented restoration from teeth numbers 2-15 for a patient with dry mouth, high rate of dental caries and periodontal disease, and/or;

    2. By seating copings on teeth numbers 2 and 4

    with open margins.

    
    

19. Based on the foregoing, Respondent has violated Section 466.028(1)(x), Florida· Statutes (2004-2006), by 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.

WHEREFORE, Petitioner respectfully requests that the Board of

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Dentistry enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, 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 b1D..J.\1 day of _ 0_1_Cl_, C· 'h.._.  , 2009.

Ana M. Viamonte Ros, M.D., M.P.H State Surgeon General

FIL.ED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Rou:.hetB rook,y

DATE , 2..,:::, •09

PCP: 3/ o/ o 1

1

PCP Members: C IV/ .M ;:= r;

I .

Patricia Smith

Assistant General Counsel DOH Prosecution Services Unit

4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar No. 728160 850.245.4640

850.245.4683 FAX

DOH v Anthony Adams, D.D.S., Case No. 2008-11203

"

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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.

i< 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.

f:'.

DOH v Anthony Adams, DDS; Case# 2008-11203

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Docket for Case No: 11-002111PL