KNOXVILLE (WATE) - Morristown dentist Dr. Paul Muscari is fighting to keep his license. Over the holidays, he filed a petition to stop it from being revoked.
The state says Dr. Muscari continues to blame others for his difficulties and should not be given another opportunity to delay the revocation of his license.
In December 2010, Administrative Judge J. Randall Lafevor recommended that Dr. Muscari's dental license be revoked for 20 years, that he be assessed a stiff civil fine and be responsible for costs associated with investigating and prosecuting his case.
In his petition for the judge to reconsider, Dr. Muscari claims he was poorly represented by counsel at his September hearing. He says his attorney, Willis Jackson, failed to adequately communicate with him, failed to interview certain witnesses and to present evidence.
Dr. Muscari also claims he has evidence from a witness who says perjured testimony was admitted at the hearing.
But the state issued a six-page argument claiming there are no grounds for Judge Lafevor's initial order to be denied.
The argument recommends that the judge revoke Muscari's dental license as soon as possible in order to protect the health, safety and welfare of the public.
In February 2007, 6 News began reporting stories of patients who said Dr. Muscari had stopped their treatment, not taken care of them properly and lied about his services to a credit card agency which paid him in advance.
Following our reports, Muscari was served a notice of civil charges in August 2008.
In its new argument, the state health department's attorney says Dr. Muscari's case was set for a hearing in September 2008 and was re-scheduled several times over the next few years at the dentist's request.
Now the state claims there is no reason for further delay and recommends that the court deny Dr. Muscari's request and follow the judge's order.
Judge Lafevor's final order could come any day within the next week or so.
Dr. Muscari's attorney says he didn't know he was dismissed from the case as his client claims. He also says the dentist never gave him instructions on how he wanted to fight the revocation order.