Articles Posted in Dental Malpractice

CBS Atlanta News is following an exclusive investigation into the deaths of three boys from Georgia who lost their lives following routine dental procedures. The boys, ages 14 to 21, all died within a month of each other. Each boy had his wisdom teeth extracted 16 to 72 hours before dying.

The families of the boys are speaking out for the first time in an effort to warn other parents of the dangers associated with such dental procedures. The parents of the victims claim that they were not forewarned of the possible dangers associated with nitrous oxide.

Nitrous oxide remains a routine part of dental surgeries in spite of mounting proof of its dangerous side effects. Researchers have found that patients who were given nitrous oxide as part of their anesthetic were more likely to experience wound infections.

One boy’s death was ruled a result of natural causes, but the coroner was unable to establish what caused his death. Another boy’s death was ruled as a bad reaction to penicillin. But dental experts say that infections are one of the principal causes of dental deaths and in the case of these boys, it would seem that complications from anesthesia may have played some part in the deaths.

The human mouth has more bacteria than any other part of the body, and that bacteria can become deadly if it gets into the blood stream. Patients can develop a post-operative infection that can lead to death. The brain swells and then brain damage can set in or brain death can result.

Reactions to anesthesia and inhalation of blood into the lungs, which can cause suffocation, and bad reactions to prescribed drugs are all possible causes of death following dental procedures warn experts.

A study published in Pediatrics in 2000 found that a disproportionately large number of adverse sedation events in pediatrics (defined in the study as patient who were under 20 years-old) occur with dental treatment when compared to other medical specialties. In addition, a significantly higher proportion of those children who experienced an adverse sedation event in a non-hospital facility (such as a dental practice or dental office) suffered death or permanent neurological injury when compared to a hospital. The takeaway from this is to understand that general sedation in a dentist’s office should not be routinely assumed to be safe. In fact, many times it is not and the complications that result from improper sedation during dental procedures in the dentist’s office can be fatal.

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A two and a half-year old in Seattle had two incisors extracted, root canal surgery on a molar, and fillings and crowns on eleven of his twenty baby teeth due to cavities.

The Center for Disease Control and Prevention (“CDC”) in Atlanta has noticed an increase in cavities among preschoolers. And dentists in Atlanta are seeing more and more preschoolers with six to ten cavities or more. Given such levels of decay, dentists are often opting to use anesthesia because children are not capable of sitting through such prolonged procedures.

These dental problems are preventable. But many parents say that they were not told when they should take their children to the dentist or when their children should start using fluoride toothpaste. Endless snacking and juice or other sugary drinks at bedtime seems to one of the causes of this problem. Bottled water is also a major contributor since it does not have fluoride in it like tap water.

An injured dental patient has filed a dental malpractice suit against his former dentist over eight teeth that were extracted by mistake. The lawsuit is seeking $250,000 in damages as the defendant was also unable to properly fit the claimant with dentures.

According to the dental malpractice complaint on file with the court, the plaintiff originally went to the dentist to have one of his teeth pulled and root canal therapy. After pulling the teeth and performing a root canal, the plaintiff alleges that the defendant dentist couldn’t properly fit the claimant with dentures.

According to the suit, for two years the plaintiff “just gummed it” until two other dentists were able to fit him with dentures. The plaintiff also alleged in the complaint that he had another dentist examine the extracted teeth and it was determined that they were healthy despite a little plaque.
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Hospital emergency rooms and Atlanta dental malpractice lawyers across the country are reporting an increase in the number of patients coming in for emergency dental treatment. According to new research, the number of emergency room visits across the country increased approximately 16% between 2006 and 2009.

The data comes from a report titled “A Costly Dental Destination” by the Pew Center on the States. According to the report, the country is in the middle of a major dental crisis, with more than 130 million Americans currently without any form of dental insurance. The report is meant to spotlight the lack of access to dental care for many people around the country.

According to the report, many patients are not able to access dental treatment, and therefore, neglect dental care. These patients are much more likely to go to a hospital emergency with dental problems that could have been avoided if they had made regular visits to the dentist.
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Officers are investigating a dentist, after a 2nd child died while undergoing a procedure under his care.

This child, a 3-year-old boy, was undergoing a routine dental procedure at the dentist’s office. He was under anesthesia, and had been restrained in a pappoose. According to the child’s mother, during the procedure, the boy suddenly went limp, and stopped breathing. His lips became blue, and he was then rushed to hospital. However, he was pronounced dead on arrival.

The dentist had been suspended by the Board of Dentistry after the death of a 6-year-old child who also died while in his care. He was placed under probation after the suspension. In that case too, the child had been restrained in a pappoose, and was under local anesthesia during the procedure. That child also stopped breathing during the procedure. However, a medical examiner ruled that the child died due to natural causes, because the child suffered from cerebral palsy and several other medical conditions.
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Among the many ways that a dentist or dental professional may be guilty of negligence is failing to ensure that treatment conditions in their clinic are 100% sanitary. An 82-year-old woman recently died after contracting Legionnaires’ Disease from a dentist’s office.

The 82-year-old woman had visited her dentist’s office for a routine procedure. A few days later, she fell ill, and died soon after. When health officials began investigating her illness, they found that during the time the disease was in incubation, she had left the house just twice, to visit her dentist’s office. They then inspected the water lines in the dentist’s office, and found that these were contaminated with the bacteria Legionella pneumophila that causes Legionnaires’ Disease.

This incident occurred under conditions that did not adequately protect the patient. Fortunately, water sanitation standards in the United States are much stricter than they have ever been and this should not be too much of a concern. The American Dental Association had convened a special task force in the 1990s that focused exclusively on infection prevention in dentist offices. The American Dental Association since then has made a number of recommendations to dentists to treat the water that is used in water lines to keep infection rates down. Obviously, a good development for patient care and well-being.
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Most of the dental injuries that I come across as an Atlanta dental malpractice lawyer occur as a result of the negligence of dental professionals like technicians and dentists. However, sometimes injuries can also occur due to defective or malfunctioning dental equipment. The Food and Drug Administration is currently investigating the illegal sale of handheld dental x-ray units on the Internet.

According to the agency, dental professionals must be aware that these handheld dental x-ray units that are available online, may be potentially unsafe. The agency is not only concerned that the devices may not be as effective as those that are purchased from a retailer, but also that these devices may expose patients to harmful effects. For instance, the handheld devices may expose patients to potentially harmful radiation.

According to the Food and Drug Administration the handheld x-ray units were sold online, and were shipped to American consumers. The agency wants patients as well as dental professionals to know that these devices have not been approved by the Food and Drug Administration. The devices do not meet the agency’s radiation safety requirements.
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I’ve been litigating malpractice cases for over 20 years, and I have to say that it doesn’t get much worse than this: using a stainless steel paperclip in place of a stainless steel post during a root canal treatment. A dentist who admits that he made such appalling substitutions in the course of dental treatment, is set to be sentenced.

Last week, the dentist pleaded guilty to a range of charges. He admits that he used part of a paperclip in place of stainless steel posts to support a root canal on a patient. Besides dental negligence, the negligent dentist faces several other charges. According to investigators, he fraudulently billed Medicaid by performing dental procedures and having other dentists in his practice bill it to Medicaid. In all, he allegedly defrauded Medicaid out of approximately $130,000 between August 2003 and June 2005. During this time, he had been prohibited from working on Medicaid patients.

The charges also included drug charges against him. He used to prescribe addictive painkillers like hydrocodone and Percocet to members of the staff. The staff would procure the medications and give some of them to him.
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Being a pro wrestler doesn’t help you deal with the mess that is left behind after a dentist has been negligent. Hulk Hogan found this out the hard way. The pro wrestler last week underwent surgery to remove a metal tack that had been left in his mouth after a dental procedure.

According to Hulk Hogan, in October, he underwent dental surgery to get implants. First, the dentist performed a sinus graft that placed a donor bone in the mouth. The donor bone was meant to support the implant. When the implantation process began, the doctor removed the mold, and in the process also tore out about 50 stitches from the donor bone procedure.

After the implantation procedure, Hogan suffered a number of problems, including severe discomfort and pain. The wound became infected, and even a course of antibiotics did not help.
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A retired dentist, who earlier this year settled a wrongful death dental negligence lawsuit arising from the death of a teenager under his care, is being sued again by another patient. A lawsuit filed in December accuses the 81-year-old retired dentist of dental negligence. The lawsuit has been filed by a woman, who says that she went to the dentist for treatment in December 2010. She claims to have suffered serious injuries, including seizures, neurological damage and other devastating injuries while undergoing treatment at the doctor’s clinic. Some of her injuries are alleged to be permanent. The lawsuit seeks damages to compensate the plaintiff for her injuries that resulted from the alleged malpractice.

It must seem like déjà vu all over again for the 81-year-old retired dentist. In October, his insurer settled a dental wrongful death lawsuit with the family of a teenager who died while undergoing a dental procedure at his office. The parents of the 13-year-old girl had filed a lawsuit against him after their daughter died while under sedation during the surgery. The girl had visited the doctor to have 2 teeth removed, and was given a combination of sedatives. During the procedure, the girl collapsed, and was rushed to the hospital. She was immediately placed on a ventilator, but died a few days later. The cause of her death was ruled as diffuse hypoxic ischemic encephalopathy.

Complications during anesthesia in the dental chair are rare, but when these do happen, it is important to timely obtain a complete and accurate copy of the patient file to determine if an error was made and whether that error caused or substantially contributed to the injuries caused by the anesthesia error. This is the first step prior to filing a lawsuit and should be performed in a timely manner.
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