STATE OF FLORIDA BOARD OF DENTISTRY

[Pages:12]Final Order No. DOH-12-2586- S -MQA FILED DATE -L2 Department of Health

By:

Dep Agency Clerk

STATE OF FLORIDA BOARD OF DENTISTRY

DEPARTMENT OF HEALTH, Petitioner,

VS.

STUART GOFF, DDS Respondent.

Case Nos.:

2012-02151;2012-02994; 2012-03577; 2012-03777; 2012-04548; 2012-05407; 2012-04705

License No.: DN 16553

FINAL ORDER VOLUNTARY RELINQUISHMENT

This matter appeared before the Board of Dentistry at a duly-noticed public meeting on

November 16, 2012, in Tampa, Florida, pursuant to Sections 120.569 and 120.57(4), Florida

Statutes for consideration of a Voluntary Relinquishment (attached hereto as Exhibit "A"). Upon

consideration of the voluntary relinquishment, the documents submitted in support thereof, the

arguments of the parties, and being otherwise fully appraised in the premises, it is hereby

ORDERED AND ADJUDGED that the voluntary relinquishment is accepted as a

resolution of this cause. This Final Order shall become effective upon filing with the Clerk for

the Department of Health.

DONE AND ORDERED this

day of

DECEMBER

, 2012.

BOARD OF DENTISTRY

Sue Foster Executive Director on behalf of Wade Winker, DDS, CHAIR

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US

Mail to Stuart Goff, P.O. Box 85, East Aurora, New York 14052; and via electronic mail to

David D. Flynn, Assistant Attorney General, david.flynn( ; and Adrienne

Rodgers,

Assistant

General

Counsel,

Department

of

Health,

Adrienne Rodgers(ii,doh.state.11.us thiq541 day of DECEMBER , 2012.

SatckL14

Deputy Agency Clerk

10/15/2012 13:15 37168225731

FEDEX KINKOS 4$1969

PAGE 02/04

DEPARTMENT OF HEALTH, Petitioner,

v.

Stuart Goff, D.D.S. Respondent.

FILED DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK Angel Sanders

DATE OCT 1 6 2012

DOH Case No. 2012-02151 2012-02994 2012-03577 2012-03777 2012-04548

2012-05407 2012-04705

VOLUNTARY RELINOUISHMENT OF LICENSE Respondent Stuart Goff, D.D.S., license numbers DR 16553, hereby voluntarily relinquishes Respondent's licenses to practice dentistry in the State of Florida and states as

follows: 1. Respondent's purpose in executing this Voluntary Relinquishment is to avoid

further administrative action with respect to these causes. Respondent understands that acceptance by the Board of Dentistry (hereinafter the Board) of this Voluntary Relinquishment shall be construed as disciplinary action against Respondent's license

pursuant to Section 456.072(1)(f), Florida Statutes. 2, Respondent agrees to never reapply for any licensure pertaining to Dentistry

in the State of Florida. 3. Respondent agrees to voluntarily cease practicing dentistry Immediately

upon executing this Voluntary Relinquishment. Respondent further agrees to refrain from the practice of dentistry until such time as this Voluntary Relinquishment is presented to the Board and the Board issues a written final order in this matter.

10/15/2012 13:15 17168225731

FEDEX KINKOS #1969

PAGE 03/04

4. In order to expedite consideration and resolution of this action by the Board in a public meeting, Respondent, being fully advised of the consequences of so doing, hereby waives the statutory privilege of confidentiality of Section 456.073(10), Florida Statutes, and waives a determination of probable cause, by the Probable Cause Panel, or I:he Department when appropriate, pursuant to Section 456.073(4), Florida Statutes, regarding the complaints, the investigative reports of the Department of Health, and all other information obtained pursuant to the Department's investigations in the above-styled actions. By signing this waiver, Respondent understands that the record and complaints become public record and remain public record and that information is immediately accessible to the public.

Section 456.073(10) Florida Statutes 5. Upon the Board's acceptance of this Voluntary Relinquishment, Respondent

agrees to waive all rights to seek judicial review of, or to otherwise challenge or contest the validity of, this Voluntary Relinquishment and of the Final Order of the Board incorporating

this Voluntary Relinquishment. 6. Petitioner and Respondent hereby agree that upon the Board's acceptance of

this Voluntary Relinquishment, each party shall bear its own attorney's fees and costs related

to the prosecution or defense of these matters. 7. Respondent authorizes the Board to review and examine all Investigative file

materials concerning Respondent in connection with the Board's consideration of this Voluntary Relinquishment. Respondent agrees that cons0,1ration of this Voluntary Relinquishment and other related materials by the Board shall not prejudice or predude the

10/15/2012 13:15 17168225731

FEDEX KINKOS #1969

PAGE 04/04

Board or any of its members, from further partidpation, consideration, or resolution of these proceedings if the terms of this Voluntary Relinquishment are not accepted by the Board.

DATED this 16- day of OCA dVer-

, 2012.

Stuart Goff, D.D.S.

STATE OF aetem ivw Yam

COUNTY OF: ERIE

Before me, personally appeared __,,TUARr OOFF

, whose identity is

known to me by VELdjaff,,,YrillErlalgat__._K_..- (type of identification) and who, under

oath, acknowledges that his signature appears above. Sworn to and subscribed before me

this , IS day of ociDefae

, 2012.

My Commission Expires:

NOTARY PUBLIC

Darlene T. G21(15 01GA6094907 Notary Public, State of New York Qualified In Erle County My commission expires JUNE 30th, 201..E

3

STATE OF FLORIDA

DEPARTMENT OF HEALTH

INVESTIGATIVE REPORT

Office: Fort Lauderdale

Date of Case: 02/13/2012

Case Number: DN 2012-02151

Subject: STUART GOFF, D.D.S.

Source: M.L.

* 2500 E. Oakland Park Blvd. Fort Lauderdale, FL 33306 (954) 772-0842

Prefix: DN

License #: Profession: Dentist 16553

Board: Dentistry

Report Date: 04/05/2012

Period of Investigation: 02/17/2012 through 04/05/2012 Type of Report: FINAL Alleged Violation: F.S. Chapter 456.035, Rule 64B5-17.0011, FAC. FS 466.028(1)(x)(mm): Grounds for disciplinary action; action by the board -- (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (x) 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 ; and (mm) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. Synopsis: This investigation is predicated upon receipt of a complaint (Case Summary & attachments, Exhibit #1) from patient M.L., an 82 y/o female, alleging GOFF may have provided her with substandard care. Alleges M.L. presented to GOFF's practice for four (4) implants and GOFF only placed three (3). Alleges the abutments are loose and that M.L.'s dentures do not fit properly. An appointment was scheduled for 02/01/2012; however, when M.L. arrived no one was there, the telephone was disconnected and M.L. is unable to locate GOFF to correct the treatment.

GOFF was notified of the investigation by letter (Exhibit #2), dated, 02/17/2012, and was provided a copy of the initiating documents (Exhibit #1). A subsequent Notification Letter dated 03/12/2012, was mailed to GOFF via Certified mail to his New York address.

A check of Department of Health computer record reveals GOFF is a licensed Dentist, and his license is Delinquent, Active and expired 02/28/2012.

Source Notification Letter (Exhibit #3) was mailed to M.L. on 02/17/2012.

GOFF is not known to be represented by an attorney in this investigation.

....., .. :7

As of time of submitting this report, no response has been received from GOFF.

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* Current residential address: 50 Fox Chapel Drive, Orchard Park, N.Y., 14127

Related Case: NONE , Invpiigator/Date: 04/05/2012

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Approv y/Date:44:4/05/20124

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, CALLAHAN,

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Investigation Specialist II, LI-99

Investigation Manager LI-96,

Distribution: HQ/ISU

,

Page 1

Office: Fort Lauderdale

Subject: STUART GOFF, DDS P.O. Box 85 East Aurora, New York 14052 (954) 772-0842

STATE OF FLORIDA DEPARTMENT OF HEALTH

INVESTIGATIVE REPORT

Date of Case: 03/15/2012

Case Number:

Source: K.P.

DN 2012-02994

Prefix: DN

License #: 16553

Profession: Dentist

Board: Dentistry

Report Date: 4/24/2012

Period of Investigation:

Type of Report:

03/27/2012 - 4/24/2012

FINAL

Alleged Violation: Chapter 456.035; & Chapter 466.028(1)(x)(mm),FS. & Rule 6435-17.0011, FAC. Grounds for disciplinary action; action by the board -- (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (x) 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 ; and (mm) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

Synopsis:

This investigation is predicated upon a complaint (Case Summary & Attachments, Exhibit #1) received from K.P. (70 year-old male) patient of GOFF. It alleges that K.P. presented to GOFF for an implant on 12/15/2011, and returned to GOFF due to pain, and was informed the implant was fine. Alleged a follow-up visit scheduled on 01/18/2012 was cancelled by GOFF. Alleges K.P. found that GOFF's office was closed, the telephone was disconnected and a note on the door stating that he would reopen on 02/05/2012. K.P.

presented to a subsequent treater, who informed K.P. he had a bad infection in the area of the implant.

GOFF was notified of the investigation by a letter dated March 27, 2012 (Exhibit #2), and was provided a copy of the initiating documents.

A check of Department computer records revealed GOFF is a licensed Dentist and has been so since December 29, 2003, with an active delinquent license.

No patient notification required since patient is source of complaint.

GOFF is not known to be represented by an attorney. ....w,

No response has been received from GOFF.

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Related Case: N/A Investigator/Date: 4/24/2012

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ENRI

T. TORRES,

Medical Malpractice Investigator LI-75

Approved : Da e: 4/24/2012

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PATRICIA CALLAN 14

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Distribution: HQ/ISU

APR 26 202

INV FORM 300 02/08

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Office: Fort Lauderdale

Subject: STUART GOFF, DDS P.O. Box 85 East Aurora, New York 14052 (954) 772-0842

STATE OF FLORIDA DEPARTMENT OF HEALTH

INVESTIGATIVE REPORT

Date of Case: 03/15/2012

Case Number:

Source: M.W.

DN 2012-03577

Prefix: DN

License #: 16553

Profession: Dentist

Board: Dentistry

Report Date: 5/31/2012

Period of Investigation:

Type of Report:

03/19/2012 - 5/31/2012

FINAL

Alleged Violation: Chapter 456.035; & Chapter 466.028(1)(x)(mm),FS. & Rule 64135-17.0011, FAC. Grounds for disciplinary action; action by the board -- (1) The

following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (x) 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 ; and (mm) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

Synopsis:

This investigation is predicated upon a complaint (Case Summary & Attachments, Exhibit #1) received from Complainant M.W. (57 year-old female) who alleged she began treatment with GOFF in August 2011 and paid in full prior to treatment. In January 2012, complainant tried to call GOFF to schedule an appointment to continue treatment only to discover the telephone number was disconnected. She then drove to the office and found a sign that said he would re-open on February 20, 2012. M.W. stated the office remains closed. GOFF's license expired on February 28, 2012.

GOFF was notified of the investigation by a letter dated March 19, 2012 (Exhibit #2), and was provided a copy of the initiating documents. (Exhibit #1)

A check of Department computer records revealed GOFF is a licensed Dentist and has been so since December 29, 2003, with an active expired license.

No patient notification required since patient is source of complaint.

GOFF is not known to be represented by an attorney.

No response has been received from GOFF.

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Related Case: N/A Investigator/Date: 5/31/2012

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T. TORRES,

Medical Malpractice Investigator LI-75

Distribution: HQ/ISU

INV FORM 300 02/08

der

: RICIA CALLAHAN, Investigative Manager LI-96

Received

Investigative ServiceS !JUN 0 4 2017

DOH/MQA 1 Tallahassee HQ

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