Any dentist who faces allegations or complaints they wish to deny should hire a dental attorney to strengthen their defense. Professionals help can provide a better form of defense against the Board as the dentist faces an accusation of any criminal charge they never committed. This is just one of the many cases the dentist from Houston should have known had she only hired a dental attorney to help her.
The incident occurred on or about February 25, 2016, when an anxious patient needed extraction of his tooth, which was deemed to be un-restorable by the treating general dental practitioner. The patient was subsequently referred to the local hospital for treatment.
Various treatment modalities were discussed, including the option of LA only or sedation with LA. The patient, who had undergone previous extractions with LA, opted for sedation with LA, as he was aware that it would be a surgical removal and likely to be a more lengthy process.
The patient attended for the treatment at the hospital where he was referred and the patient was greeted by a trained dental nurse, who checked the presence of a suitable escort. Also present was a trainee nurse, who at the time was observing the trained nurse.
The patient was brought into the surgery and, whilst the patient was getting seated, the dentist drew up the midazolam. The procedure started and it soon became apparent after titration of 20mg of the drug that the patient was not sedating appropriately. The patient was questioned on drug use, which was denied. The trained nurse then noticed that flumazenil, which is the reversal agent, had been given rather than the midazolam. The two drugs had been placed side by side and both had orange and white labels on the ampoules.
The dentist, realizing the mistake, then administered the midazolam; however, the patient did not sedate and so nitrous oxide was administered. The extraction was completed with the patient fully aware and uncomfortable throughout the procedure.
After completion of treatment, the patient was taken to recovery. However, he was not advised of the incident and was monitored for only 20 minutes without being warned of the risk of rebound sedation.
The dentist completed an incident form one week later but did not clearly explain that after giving the patient flumazenil, midazolam was then given.
Her employers were advised of the incident form and after reviewing what had taken place, they decided to carry out a full investigation and interviewed the dentist in question. Despite the patient not having any untoward reaction after treatment, the dentist was criticized for not informing the patient of the incident. He was also not honest when completing the incident form. The hospital guidelines outlined that when drawing up medication it should be checked and witnessed by a second appropriate person, prior to the patient entering the room, which had not been done. Furthermore, the patient did not consent for the provision of nitrous oxide.
Texas State Board of Dental Examiners Enforcement Division is the state licensing board that disciplines a dentist based on any negligence found. During this investigative process, the dentist has the right to counsel. Therefore, it is essential to have experienced counsel when seeking to obtain defend and protect your license. Texas dental defense attorney Yong J. An will fight for your professional rights. To get started with a private consultation, you may contact him at (832) 428-5679.