Every problem has its solution especially for a dentist who is facing difficulties because of accusation cases. A dentist’s solution to any case is to hire an experienced dental attorney that is skillful enough to defend and prevent losing your dental license. But it doesn’t mean that having a dental attorney is the only reason to get rid of a case. A dentist on the other hand must do their responsibilities in ensuring and assuring that patients get the proper care they need, by doing so, there will be minimal to no complaints in the future.
On or about April 16, 2020, the Board received notification of a settlement in the amount of $79,999.00 with no admission of liability, on behalf of the dentist to a patient from an Insurance Company.
On or about January 2. 2017, a patient in Edinburg, Texas presented to the dentist complaining of tooth sensitivity, tooth pain, jaw pain, and difficulty chewing food.
The dentist did a comprehensive exam and took radiographs, and scheduled the patient to return approximately two weeks later for removal of impacted third molars, teeth # 1 and #32.
On January 28, 2017, a Saturday, tooth #32 was removed and tooth #1 was attempted to be removed. During the removal of tooth #1, the patient began complaining of pain and ultimately requested to discontinue the procedure.
The dentist discontinued the procedure and provided a referral slip to an oral surgery practice for completing the removal of tooth #1. The dentist’s notes state that removal of tooth #1 was still possible despite the patient’s request. There is no mention in the dentist’s notes that tooth #1 was displaced, although it is apparent from a panoramic film taken the day of surgery which demonstrates that tooth #1 was superior and anterior to its position depicted on the preoperative radiograph.
Later on January 28, 2017, the patient presented to an emergency room for severe pain and inability to open his mouth. A patient was admitted to the hospital to be provided intravenous antibiotics, steroids, and airway monitoring.
The patient had a CT scan which revealed a fracture of the alveolus2. Additionally, there were gas bubbles adjacent to the medial pterygoid muscle3. Finally, tooth #1 was displaced laterally toward the cheek and was completely outside the confines of the alveolus.
Subsequently, the patient had displaced tooth #1 removed by an oral surgeon. And on or about June 26, 2017, the patient was examined by an oral surgeon regarding the patient’s complaints of continuing nerve pain on the right side of his jaw, where tooth #1 had previously been the patient was diagnosed with mild to moderate injury of the right lingual nerve with dysesthesia.
The dentist is subject to disciplinary action in that the dentist committed repeated acts of negligence.
The dentist failed to appropriately document examination findings or patient complaints in the pre-operative examination and therefore the records do not support the extractions performed and attempted on January 28, 2017. The dentist notes and other examinations were done such as cancer screening and periodontal charting. However, there is no record of the findings of such examinations. The records do not state whether the dentist realized during surgery or at any other time that tooth #1 was displaced outside the alveolus. It shows that there is no record as to whether the dentist notified the patient of the displacement of tooth 41. And while the referral to the oral surgeon was appropriate, the dentist does not document any urgency to the referral, which should have been specified to the patient due to the displacement of tooth #1 from the alveolus. And lastly, the dentist failed to document disclosing to the patient that the extraction of tooth HI had gone wrong and for the patient to seek immediate and urgent additional care.
As a response to all the incidents above, the dentist failed on many aspects of standard care of treatment and was negligent. He even failed to identify himself in the record for the patient by either signing his name or using an identification number and his initials next to the service performed. He also engaged in clear excessive prescribing of Dilantin for CL’s bruxism. And because of this, the dentist was subject to disciplinary action. The dentist is in such a mess because he failed to hire a dental attorney for his case.
Avoid committing the same mistake she did. Find the right dental attorney in Texas to help you with your needs. Contact dental attorney Yong J. An directly by calling or texting him at (832) 428-5679 for a discreet consultation.