Attorney Blog

Dentist Quits Practice After Dropping Dental Tool Down Patient's Throat

Mon, 20 Jun 2011 08:00:00 EST

Dentist Wesley Meyers voluntarily gave up his license just days before the Board of Dentistry officially revoked his right to practice. The 69-year-old dentist had faced a number of consequences after twice dropping miniature dental tools down a patient’s throat, ultimately causing the patient’s death.

In 2006, 90-year-old Charles K. Gaal Jr. went to Meyers’ dental office to receive dental implants, but during the procedure, a small screwdriver was dropped down the man’s throat. The patient needed abdominal surgery to remove the object. In 2007, Gaal returned to the same dentist to have his dentures refitted. Again, a small object, this time a wrench, was dropped down the man’s throat. This time, the wrench lodged in the elderly man’s lung. Though the object, and part of the man’s lung, was removed in an operation, Gaal’s health declined after the incident and he passed away.

In 2008, Meyers was fined $28,000 by the Board of Dentistry because of the two incidents and barred from performing implant procedures. In 2010, Meyer’s children sued the dentist for dental malpractice. During the malpractice trial, Meyer’s admitted that his dental assistant had been executing the procedures, not him.

Have you been harmed by a dropped dental tool or during a dental implant procedure? Speak with a New York dental malpractice attorney today.

A Dental Malpractice Jury Pool Shares Their Own Stories

Sun, 19 Jun 2011 08:00:00 EST

During jury selection for a dental malpractice case in Durham, many of the prospective jurors heard the story of the alleged victim and had their own stories about bad dentist experiences to share.

The dental malpractice case involves dentist Ilias Haralambakis, who is being sued by patient Lauren Barber. Barber claims in the suit that her dentist removed 24 of her teeth during a procedure in which only six teeth should have been pulled. While this tale seemed shocking, a number of possible jurors for the case had similar stories to tell.

•    One possible juror shared that he too had woken up from a dental procedure missing more teeth than he and his dentist had agreed upon before hand – he thought he was losing four teeth, but ended up losing eleven.
•    One woman said that her dentist charged she and her husband the same fee for tooth cleaning appointments even though her husband does not have a significant number of remaining teeth.
•    Another woman said that she initially went to the dentist to get a gap between her teeth fixed. The end result was full dentures.
•    Another man said that his son’s dentist pulled too many teeth. They did not file a medical malpractice lawsuit because only baby teeth were pulled.
•    Another man said that he had had multiple issues with recent extensive dental work and was considering filing a dental malpractice lawsuit.

One woman said that she had not had problems with her dentist in the past. She is currently in dental school, she said to general laughter from the court.

Fight Over Dentures Leaves Patient Bruised And Dentist Arrested

Sat, 18 Jun 2011 08:00:00 EST

A dentist was recently jailed for assault, battery, grand theft, and false imprisonment after getting into a physical fight with a patient over a pair of ill-fitting dentures.

According to The Smoking Gun, 57-year-old dentist Michael Hammonds of Elkham Dental had made a set of partial dentures for a patient, 85-year-old Virginia Graham. While adjusting the fit of the dentures Graham complained of pain, finally taking the dentures from her mouth and throwing them at her dentist and demanding a refund. Hammonds said he would not grant a refund for the lower partial dentures.

In the following minutes, Graham tried to grab the $900 dentures back, then tried to get out of the dental chair and leave the office. Dr. Hammonds barred her from leaving the office. Graham then tried to climb over the desk of the receptionist and into the waiting room.

When the police were called, they found Graham bruised, bleeding, and shaken up. Hammonds had been restraining her while waiting for the authorities, bruising her arms. Hammonds was arrested and taken to jail still in his dentist scrubs. He was later released on a $4,000 bond.

Have you received ill-fitting dentures, or have you been harmed by your dentist? Speak with a Manhattan dental malpractice attorney today about the incident.

Children's Dental Health Report Card: New York Gets A "B"

Fri, 17 Jun 2011 08:00:00 EST

According to the annual Children’s Dental Health Report released by Pew, New York State has gotten better when it comes to getting dental care to needy kids – but there is still plenty of room for improvement. In 2010, the state received a “C” grade in the report. In 2011, the state received a “B”. Twenty-seven states received an “A” or “B” grade, while 23 states received a “C” or lower.

What can New York do to receive an “A” when it comes to children’s dental health?

•    New York State needs to make certain that more kids have community water supplies that contain fluoride, which helps strengthen teeth. While just over 72 percent of public water sources include fluoride in New York now, the national standard is 75 percent or more.
•    A larger percentage of dentists’ retail fees should be reimbursed by Medicaid. Currently, just over 57 percent of dentist retail fees are reimbursed, while Pew believes at least 60 percent of retail fees should be reimbursed by Medicaid.
•    New York needs to implement an authorization process for primary care dental provides. At this time, the state does not authorize primary care providers.

The good news is that New York has improved its children’s dental health grade from last year by improving their sealant programs in high-risk schools and by increasing the number of children on Medicaid who receive dental care each year.

Currently, just over 43 percent of children on Medicaid receive dental care each year.

Dentist Pulls Teeth From Wrong Patient Altogether

Thu, 16 Jun 2011 08:00:00 EST

You may have heard horror stories about dentist who pull out the wrong teeth during a tooth extraction procedure – or a dentist who pulls out too many teeth. However, a story out of Singapore’s National Dental Centre this month is even more disturbing. There, a dentist mixed up two patients, pulling two perfectly healthy teeth from the wrong person altogether.

According to news reports, dentist Debbie Hong Pooi Mun extracted two teeth from a 23-year-old patient who was at the dental office in order to have a teeth straightening procedure. An investigation into the dire dental mistake revealed that a clerk had put the extraction information into the wrong patient file. While the man was conscious during the procedure, and while he did not say anything to stop the procedure after the first tooth was taken out, the dental office realized their mistake shortly after the tooth extraction oral surgery.

Specialists were called in to the dental office to attempt to re-implant the man’s two lost teeth, but the procedure failed. However, the man’s correctional surgeries that followed were fully paid for. The dentist was fined $3,000 by the country’s dental council after the man filed an official complaint.

Dental mistakes like this one are absolutely unacceptable. If you are a victim of dental malpractice, call us today to share your story and learn your legal options.

Woman Sues For Malpractice After Dentist Extracts 24 Teeth

Wed, 15 Jun 2011 08:00:00 EST

A woman is suing her dentist for monetary damages after she claims that the man extracted 24 of her teeth instead of the six that they had originally agreed upon. One witness will testify that the dentist often performed unnecessary procedures on Medicaid patients in order to meet office quotas.

In February 2007, 18-year-old Lauren Barber went to dentist Ilias Haralambakis at Durham Family Dental Care in order to have her wisdom teeth and two other teeth removed while under sedation. The dentist said that Barber gave him permission to remove any teeth that needed extraction, which is why he took out the extra teeth, but Barber said that she only agreed to that plan after she had taken medication for the procedure that affected her thinking.

Former dentist office manager Natasha Green will testify that the dentist often extracted extra teeth and did other unnecessary procedures on patients that were on Medicaid – a strategy that can result in bigger payouts. After Barber’s procedure, the dentist would no longer speak with her or accept her as a patient.

Meanwhile, Barber is left with dentures at a very young age – even today she says that she can’t wear her lower dentures because they cause pain. She has had several surgeries after the tooth extractions in order to fix damage and has suffered extensive pain as well as an infection.

Two New York Men Arrested For Unauthorized Dental Practice

Tue, 14 Jun 2011 08:00:00 EST

Two men have been arrested for performing dental procedures in New York without a license. According to local news sources in Afton, New York, 57-year-old Victor Nino of Uniondale, and 49-year-old Virgilio Taveras of Hollis have been arrested by authorities for unauthorized practice and grand larceny.

Police believe that Nino took over the dental practice, located on Route 39 in Chenango County, after his wife Kelty, a licensed dentist, fell ill and could not continue to see patients and perform a variety of dental procedures. What followed was allegedly a long string of botched procedures and dental malpractice incidents, including open wounds, trench mouth, loose fillings, and other issues.

The men were arrested after a patient and a former office worker went to authorities with concerns about the dental practice. The worker claimed that Taveras had been using the name of a licensed dentist in Queens, Michael Goodman, in order to trick patients into believing he was a real dentist. The patient says that he believes that many other victims of the two men may still be unaware of what happened to them or have yet to come forward.

Authorities are asking that any other dental patients of the men, who are now in Chenango County Jail, should contact the attorney general’s office with any information that they have.

PA Attorney General Sues New York Dental Chain Allcare Dental

Sat, 28 May 2011 08:00:00 EST

The health care section of the Pennsylvania Attorney General’s office has filed a lawsuit against the New York based dental chain Allcare Dental and Dentures. Specifically, the Attorney General stated that the dental offices are suspected of violating a number of consumer protection laws.

This dental office lawsuit comes after the Attorney General received over 800 complaints from customers regarding their services, dental records, and dental malpractice.

At the beginning to 2010, the dental offices, which operate in 13 states including Pennsylvania and New York, closed all of their locations without warning. Hundreds of dental patients were left without the dental attention they needed and many were left with incomplete dental procedures without a new dentist to turn to. At the same time, thousands were left without access to their dental records.

Even before the dental offices shuttered their doors, they faced a number of dental malpractice lawsuits from patients who complained of unnecessary procedures, poorly fitted dentures, and botched tooth extractions. In addition, multiple patients complained that they were pressured into taking out $5,000 lines of credit with through a health care financing company and then told after the procedure that their insurance company wouldn’t cover the costs.

If you have been the victim of poor dental procedures or malicious business practices at the hands of Allcare Dental and Dentures – or any dental office – speak with a New York dental malpractice attorney today.

New York State Authorities Investigating Small Smiles Allegations

Tue, 24 May 2011 08:00:00 EST

Last month we blogged about a group of New York parents who filed a dental malpractice lawsuit against Small Smiles – a dental chain in New York that focused on treating children with Medicaid coverage. Now, New York State has revealed that it has been investigating the dental offices for the last year following a number of complaints regarding unnecessary surgeries and questionable restraint methods.

According to the state, Small Smiles has been part of a Corporate Integrity Agreement since last year, when the first accusations surfaced regarding the dental office and unnecessary root canals, bridges, and tooth extractions. Under the agreement, the state would closely watch operations and look for signs of dental malpractice and Medicaid billing abuses.

The parents of some of Small Smiles patients, many whose children are under the age of five, say that their kids underwent painful dental procedures that were not even needed. Some procedures took place without anesthesia and in many cases, the children were restrained in a “papoose,” a medical tool used very rarely by dentists and only in special circumstances.

Small Smiles has said that they have a completely new staff from the time when the problems were reported, and some of the ten dental malpractice lawsuits date back over a year. However, the Medicaid Inspector General's Office is asking for anyone with complaints about the office's proceudres or business practices in the last year to contact them immediately.

Has your child been the victim of emotional trauma and unnecessary surgery at Small Smiles or at another dental office in New York? Speak with an NYC dental malpractice attorney today.

Bureau of Professional and Occupational Affairs Charges Dentist With 45 Violations

Sat, 21 May 2011 08:00:00 EST

Following a litany of complaints from patients and insurance companies, dentist Jamshid Assadinia is now facing 45 different professional conduct violations. An official hearing led by his state’s Bureau of Professional and Occupational Affairs will determine whether or not he will receive any disciplinary action, be required to pay fines, have his license suspended, or have his license revoked.

Although Assadinia is denying all claims, a state investigation has found that the dentist may have a history of:

•    Multiple acts of dental malpractice
•    Inconsistent billing
•    Repeated acts of negligence
•    Seeing 60 patients each day without the aid of another dentist or dental hygienist
•    Not keeping the appropriate records
•    Failing to conform to the accepted standard of care for dentists
•    Doing one dental procedure while charging for another
•    Charging for dental procedures that were never done
•    Giving inadequate care to patients
•    Not treating patients for conditions such as periodontal disease
•    Prescribing pain medication for no clear reason
•    Covering teeth with veneers instead of performing root canals

Assadinia has been practicing dentistry since 1987 and just renewed his license last month. Currently, his license to practice has not been suspended or revoked. The date for his official hearing has not yet been set, and state officials warn that such a complicated case may take months to resolve.

Coroner Rules Teen's Dental Death Accidental, But Questions Remain

Wed, 18 May 2011 08:00:00 EST

You may remember our blog entries about 13-year-old Marissa Kingery, a teen who died after a visit to the dentist for a routine procedure to remove baby teeth. Almost four months after her death, a coroner has reported that her death was accidental and caused by the drugs given to her before the dental procedure began.

Kingery was at 81-year-old Dr. Henry Mazorow’s dental office for a dental procedure on December 21, 2010. She was put under light IV sedation, also known as twilight sedation. Shortly after the procedure was over, she collapsed and stopped breathing. She was rushed to a local hospital and then flown by helicopter to a children’s hospital. She was on a respirator and in a coma for two weeks until her death. Her official cause of death was brain damage caused by a lack of oxygen.

Dr. Henry Mazorow, who also had a patient die because of a dental procedure in the late 1990s, used a combination of drugs on the girl, including propofol, ketamine, remifentanil and Versed. It is unclear if this is a normal combination for use in light sedation or whether the appropriate amount was used. It is also unclear whether the girl received emergency medical attention in the dentist’s office before paramedics arrived.

The dental office death is being investigated by the state board as well as by “Good Morning America.” Dr. Mazorow continues to practice but is not currently using intravenous sedation in any dental procedures.

Man Arrested For Allegedly Practicing Dentistry Out Of His Home Illegally

Sun, 15 May 2011 08:00:00 EST

Here’s a “dentist” who allegedly broke all of the rules – and could have seriously hurt dozens of patients in the process: Galo Alejandro Vera Mendoza was recently arrested for practicing dentistry without a license, running an illegal dentist office out of his home, illegally obtaining prescription medication, and dispensing prescription medication without a license.

The man was arrested after an investigation by Immigration & Customs Enforcement, local police, and the North Carolina State Board of Dental Examiners. Police have secured evidence from his alleged home dental practice and say that the man is cooperating with the investigation. It is unclear at this time whether or not Mendoza has attended dental school in the past or if he is licensed to practice in another country. It is also unclear whether or not any of the man’s “patients” were harmed due to his illegal practice.

There are a number of reasons why it is important that dentists are licensed to practice and that dental offices are highly regulated – these laws have the health, safety, and best interests of patients and consumers in mind. For you own safety and protection, you should absolutely never agree to dental work executed in someone’s home or by someone who is not a licensed dentist. If you believe that you have received dental work from an unlicensed dentist or at an illegal dental office, report your information to local authorities.

Man Sues City After Dental Procedure Led To Seizure And Blindness

Thu, 12 May 2011 08:00:00 EST

Did you know that it is not always the dentist that is to blame after a serious dental procedure injury? In fact, last month a man successfully settled a personal injury lawsuit with the City of Lawrence, Kansas, after he was permanently disabled during a dental procedure.

What happened, and why was the city to blame? According to the Associated Press and the Lawrence Journal-World, 21-year-old Austin Stone went in to see dentist Kirk Vincent for a dental procedure at his new oral surgery office. The oral surgery left Stone legally blind for life and suffering from a number of other health complications. An investigation revealed that the dental mistake allegedly occurred because during the design and construction of the dentist office, the gas lines for oxygen and nitrous oxide were crossed.

Stone filed a personal injury lawsuit against the City of Lawrence, which was settled for $50,000. As part of the lawsuit settlement, the City of Lawrence stated that the payment was not an admittance of liability.

This story of injury during an oral surgery comes with an important lesson: it is not always the dentist that is at fault. It is extremely important to thoroughly investigate your dental injury or dental malpractice claim so that you fully understand why the mistake occurred. To learn more about your own case, speak with a New York dental malpractice attorney today.

Dental Malpractice Lawsuit Alleges Bridge Caused Painful Complications

Mon, 09 May 2011 08:00:00 EST

A dental malpractice lawsuit filed earlier this month shows that you may not even know that you’ve been a victim of shoddy dental work or dental errors until you seek a second opinion regarding your concerns.

In Katy, Texas, dental patient Karen Byers was a patient of Marvin J. Olim D.D.S. & Associates, and dentist Marvin Olim. Four years ago, she had Olim evaluate and treat a painful cantilever dental bridge. However, despite the continued treatments and appointments, Byers continued to experience bite issues, chronic pain, and tooth sensitivity. In fact, her pain and complications got worse as time passed.

Finally, in March 2010, Byers went to an orthodontist for a second opinion – seeking any information regarding her tooth pain and bite issues. The orthodontist informed her that her dental issues were a direct result of the dental work executed by Dr. Olim. Weeks later, Byers filed a dental malpractice lawsuit against Olim and his dental office alleging negligence. She is seeking compensation for her medical bills, other damages, and court costs.

In some cases, it can be difficult to know that you have been a victim of dental malpractice because you continue to see the same dentist who committed the error – often the last person who will tell you that your complications and pain is their fault. If you are questioning your dentist’s care, consider getting a second opinion regarding your concerns.

Dentist Leaves Confidential Patient Information In Dumpster

Mon, 25 Apr 2011 08:00:00 EST

In New York State, your dentist is legally obligated to keep your confidential dental records and other related personal information for six years or until you turn 22, whichever is longer. At the end of that period, your dentist is allowed to destroy the records. However, in some cases negligent dentists may be throwing your records away early, losing them, or even simply putting them out in the street.

This week, a man searching for scrap metal in a dumpster stumbled upon boxes of dental records – records that included private patient information. The man reported his findings, and dentist Andrew Ranucci admitted that the boxes of records belonged to old patients. He claimed that a new secretary had put the box out without shredding the papers and that the incident would not take place again. He also said that any former patient who experiences identity theft issues would be taken care of.

Has your New York dentist made a serious mistake with your dental records? Talk to a dental malpractice attorney today.

Public Citizen Report: State Boards Don't Do Enough To Discipline Dentists

Wed, 20 Apr 2011 08:00:00 EST

A new study released this week has found that state medical boards don’t do nearly enough when it comes to disciplining negligent doctors and dentists. According to the non-profit consumer advocacy group Public Citizen, 63 percent of dentists and medical professionals who are disciplined at their place of employment are not disciplined by their state board.

Why is this absence of discipline such a disturbing issue? Researchers say that it points to either a glaring lack of communication between state boards and dental offices, or a complete disconnect. When dentists do not suffer consequences from state boards, such as a suspended or revoked license to practice, they can more easily move from state to state and continue their negligent or even dangerous practices. In addition, a lack of discipline by the state board makes it less likely that consumers will know about previous issues related to the dentists in their area.

The study was based on information found in the National Practitioner Data Bank between 1990 to 2009.

Syracuse Kids' Dental Office Sued For NY Dental Malpractice

Tue, 19 Apr 2011 08:00:00 EST

Small Smiles Dentistry, a Syracuse dental office that specialized in children’s dental care, is being sued by ten different families for battery, fraud, and dental malpractice.

Now, even more families are coming forward with horror stories about small children getting “unnecessary and excessive” root canals, crowns, and tooth extractions – all in a poor environment that involved tight restraints and no parents allowed. Parents reported many children screaming in terror while at the office, followed by long-term emotional trauma. One young child had all of her teeth extracted without her mother’s knowledge or permission.

The dentist lawsuit also alleges that during many of the excessive dental procedures, children were restrained instead of being sedated or given anesthesia. In other cost-cutting measures, the dental office also did not often take x-ray when required, leading to a number of unnecessary procedures and botched surgeries.

This is not the first time Small Smiles has faced legal troubles – in the past, it has been subject to state and federal investigations as well as other dental malpractice lawsuits.

Man Found Practicing Dentistry Seven Years After License Was Revoked

Fri, 15 Apr 2011 08:00:00 EST

Undercover agents posing as dental patients have arrested a 69-year-old man after they say that he was offering dental services even though his license to practice was revoked in 2004.

According to police, former dentist Douglas Phillips was under investigation after a patient was hospitalized for kidney failure after taking prescription drugs given to him by Phillips. Authorities soon found that Phillips had been stripped of his dental license seven years ago for failure to keep proper records, failure to maintain dental malpractice insurance, and practicing below the standard of care.

During the investigation, Phillips told one undercover agent, who was complaining of stomach pains, that he was a dentist who was now practicing as a naturopathic doctor. He prescribed the undercover agent a number of herbal medications and diagnosed him with “chronic stomach imbalance.”

Phillips could face up to five years in prison if convicted of unlicensed practice of health care.

Patient Sues Dentist For Neglect, Wins $200,000 Settlement

Tue, 12 Apr 2011 08:00:00 EST

After learning that he had advanced periodontal disease that necessitated the removal of many of his teeth, a patient filed a dental malpractice lawsuit against his dentist of 20 years for not diagnosing his serious gum disease.

Plaintiff Harry Berkowitz saw Dr. Dennis Miller for two decades of regular teeth cleanings and dental appointments, but in 2009 discovered that he had serious dental issues stemming from undiagnosed gum disease. A second dentist eventually removed most of the man’s upper teeth and replaced them with permanent implants. Berkowitz sued Miller for negligence, stating that his teeth could have been saved if Miller had diagnosed the periodontal disease years before and began treatment. Specifically, he stated that over the years his teeth were not x-rayed so that the progression of the disease could be seen. Miller argued that he had offered his patient treatment options but that Berkowitz had told him that they were too expensive.

The dental malpractice case was settled for $200,000.

Back Alley Dentist Arrested After Patient Hospitalized For Blood Loss

Sun, 10 Apr 2011 08:00:00 EST

Is your dentist licensed to practice in the United States? Or could you unknowingly be visiting an illegally practicing back alley dentist? It’s worth checking in to.

This week, a 26-year-old woman named Adilenia Martinez was hospitalized after her mouth wouldn’t stop bleeding following a dental procedure. When her husband went back to the dentist, 76-year-old Angel Nolasco, to inquire about what went wrong, the dentist admitted that he wasn’t licensed to practice dentistry at all. Despite the fact that his dental clinic was fully stocked and fully operational, and despite the fact that the dentist prescribed drugs to patients after procedures, Nolasco was practicing dentistry illegally.

Martinez is recovering from her botched tooth extraction after being rushed to the hospital for weakness and blood loss.

Nolasco, who claims to be licensed in Cuba and Venezuela, was arrested and charged with three felonies related to his illegal dentist office.

Pediatric Dentist Tried To Illegally Acquire Prescription Medications

Fri, 08 Apr 2011 08:00:00 EST

According to local news reports, 35-year-old pediatric dentist Joshua Andrew Maultsby has been arrested for attempting to obtain prescription drugs through a fraud scheme. Police say that the man, who is a practicing dentist, tried to pass himself off as someone else when ordering pain pills and antibiotics from a local pharmacy.

Maultsby allegedly was pretending to be his former dental partner who had since moved to a practice in another state. The pharmacist taking the order for the medication became suspicious when the man only produced one form of identification and got the prescription medication numbers wrong. When Maultsby went to pick up the drugs, the pharmacists photocopied his driver’s license to ascertain his address and police arrested him later that day in his home.

It is unclear why the dentist was trying to procure the pain medication. He has been released from jail on a $5,000 dollar bond and is awaiting trial.

Dental Patient Lawsuit: Dentist Left Hole In Mouth

Fri, 25 Mar 2011 08:00:00 EST

Both a dentist and a dental office are being sued for dental malpractice after a former patient of the dentist alleged that he suffered a hole in his mouth and other complications following a tooth extraction procedure.

According to local news sources, the patient, John Large, is suing Dr. Jennifer Brubaker and Nameoki Dental Care for negligent dental treatment. He claims that after he had a molar extracted in February of 2009, a hole was left in his gums. Furthermore, the dentist did not tell Large that the hole needed any further treatment or that it was a complication from his oral surgery.

Large is seeking over $50,000 in damages in the dental malpractice lawsuit, both for dental expenses and for pain and suffering.

Have you suffered in the wake of a serious dental error in New York? Contact a dental malpractice attorney today and share your story.

Dental Patient Sues Dental School After Incomplete Disclosure

Sun, 20 Mar 2011 08:00:00 EST

A man is suing the Ohio State University Emergency Dental Clinic after he says that the clinic failed to completely disclose information about his treatment options – a lack of communication that led to two years of dental procedures including braces, crowns, fillings, and two root canals. The dental malpractice case will be heard this month.

Greg Morgan says that he gave his consent to a dental treatment plan that cost $17,000 but that the dentist who explained the plan left out vital information regarding his other options and the chances for success. He is suing the dental school for $250,000 citing dental malpractice, breach of contract and fraudulent concealment.

Morgan’s dental plan, which included gold crowns and braces, was halted mid-treatment and abandoned for a different treatment plan. Morgan has stated that he was led to believe that the plan didn’t have a large chance of failure or that there were other options to choose from. After a number of mix-ups involving multiple dentists, multiple diagnoses, and a breech of confidentiality, Morgan was told he was not a good candidate for the clinic.

Husband Protests Outside Of Dental Office After Wife Suffers Poor Care

Fri, 18 Mar 2011 08:00:00 EST

After his wife suffered a number of cosmetic dental procedures that caused her constant pain and depression, Lou Picarella has taken to picketing the dentist who he believes is responsible for the whole mess.

Four years ago, Picarella’s wife, Inna Boiko, paid Dr. Richard Crosby $39,000 for a series of cosmetic dentistry treatments. However, as the years went by, Boiko began to notice that the treatments were causing her more and more pain, including headaches and jaw problems. While she simply wanted the gaps between her teeth fixed, she ended up with braces, teeth capping, and a dental orthosis. By the time it was over, the structure of her face was forever changed and she was suffering nearly constantly. Her husband said that she was severely depressed, no longer participated in family activities, and needed tens of thousands of dollars in dental repairs.

The family and the dentist have tried mediation twice, but now the couple is seeking the help of a dental malpractice lawyer. Until the case gets started, though, Picarella says he will continue to protest in front of the dental office. One sign says, “Give Us Our $39,000 Back!” The other says, “You Hurt My Wife.”

Dentist Surrenders License After Multiple Dental Errors

Fri, 18 Mar 2011 08:00:00 EST

Dr. William Letcher has surrendered his dentistry license to the state dental board after facing multiple allegations of dental malpractice, neglect, performing unauthorized procedures, and dental errors.

A number of former patients say that the dentist, who ran a series of commercials advertising a breakthrough dental technique, cost them thousands of dollars, ruined their teeth, and put them in chronic pain. Many needed corrective dental work while others still struggle with eating and lisping.

While some of his patients have considered filing dental malpractice lawsuits, and while one patient has recovered compensation, many may not recover anything since the dentist did not have malpractice insurance. Past dental malpractice hearings have been postponed because Letcher has been in a drug rehab program.

Letcher won’t be able to get his license back for five years – and even then his record of dental mistakes is permanent. In addition, his dental malpractice history will be kept in a national database should be apply for a license in another state.

Dozens File Complaints Against "The Smile Center" Dental Chain

Tue, 15 Mar 2011 08:00:00 EST

The Smile Center, a large dental chain that targets children on Medicaid, is under fire for the second time in a year. This time, the profitable chain of dental offices is facing a dozen new allegations of dental malpractice from parents who say their children were harmed by an array of dentist mistakes and dental errors.

Many of the dental errors involved a silver tooth capping procedure which would often lead to failing caps, swelling, infection, and, of course, a great deal of pain. One former employee of the dental chain, Tiffany Tetmyer, said that each center would roll through dozens of child patients a day – strapping them down into a “papoose,” drilling their teeth, and adding silver caps that would inevitably fall out and lead to dangerous and expensive infections. In addition, Tetmyer said that the dental chain – which has made $27 million from Medicaid in the past three years – targets low-income women at malls and service centers in the area to ensure a steady flow of new patients.

The former employer also said that the each chain office would have a daily quota for dental work ranging from $7,500 to $12,000.

Consumers File Class Action Lawsuit Against Fixodent Makers

Thu, 10 Mar 2011 08:00:00 EST

Following an ABC News Investigative report, a number of former consumers of Fixodent denture cream have filed a class action lawsuit against the maker of the popular dental product.

The dental lawsuit, which has been filed against Proctor & Gamble, centers around 41-year-old Mark Jacoby and 48-year-old Anne Coffman – both of whom are wheelchair-bound because of a neurological problem. Their doctors believe that both suffer from zinc poisoning as a result of their use of the denture cream Fixodent.

There has been a known link between adverse health issues, zinc content, and denture creams for a number of years, but Proctor & Gamble has made several efforts to minimize the impact of the studies that linked denture cream use to zinc poisoning. And while the company has recently added a vague warning on its denture products, they have told the media that they stand by the safety of their product.

Those involved with the dental class action lawsuit hope that their stories will be heard and that either zinc will be removed from the product or that the product will be recalled.

More Vets Exposed To HIV, Hepatitis At Veterans Dental Clinic

Tue, 08 Mar 2011 08:00:00 EST

Just months after a St. Louis dental clinic announced that hundreds of veterans could have been exposed to infectious diseases like HIV/AIDS and hepatitis, another veterans clinic has come forward with a similar issue. In this case, a dentist at a clinic in Dayton, Ohio self-reported that he had not changed gloves between patients over an 18-year period.

At this point, officials from Veterans Affairs say that over 500 patients who used the clinic’s services between 1992 and 2010 could have been exposed to dangerous pathogens after their dentist did not follow the proper guidelines for hygiene and glove changing. All of the affected veterans are being alerted to their exposure and are being offered free tests for hepatitis and HIV.

The dentist who admitted to not cleaning his hands or changing gloves between patients is still working at the clinic, though he is not seeing patients. Officials at the clinic say that the man’s behavior was reported by staff members at earlier dates, though they did not follow through with the complaints.

New York Woman Dies After Tooth Extraction Complications

Mon, 28 Feb 2011 08:00:00 EST

A Bronx mother has filed a dental malpractice lawsuit in New York after her 33-year-old daughter died of complications from a tooth extraction.

In July 2009, Brenda Dowdy brought her 33-year-old daughter Felita Dowdy to St. Luke’s Hospital in Manhattan for a dental procedure. Felita, who suffered from cerebral palsy, suffered severe brain damage after she stopped breathing during the procedure and died after struggling to survive for three months in the hospital. The family’s dental malpractice lawyer believes that Felita died due to an overdose of the powerful painkiller Fentanyl and due to the hospital’s failure to monitor their patient properly in the minutes after surgery.

Felita was cared for by dentist Bruce Lish, who has a history of operating on disabled patients in the New York area. The hospital where the fatal dental procedure took place has offered condolences to the family, but has not made any further comment because of the pending wrongful death lawsuit.

Dentist Voluntarily Stops Practicing After Teen Death From Dental Work

Mon, 21 Feb 2011 08:00:00 EST

Dentist Henry Mazorow has stopped seeing patients ever since a 13-year-old patient under his care died due to a complication from anesthesia during a procedure to uncover an impacted tooth. Dr. Mazorow and his state dental board have come to an agreement that he will not practice, at least temporarily, as the investigation into the teen’s death is completed.

The girl, Marissa Kingery, died after spending two weeks in the hospital after she sustained serious brain damage from her dental procedure anesthesia. She is the second person to die under the care of Mazorow, who is 80 years old and has been practicing since 1956. The first dental death occurred in 1997, when 57-year-old Rosemary Johnson died during a tooth extraction when she had a fatal reaction to the anesthetic. In that incident, Johnson’s family sued Mazorow for dental malpractice and received a $550,000 settlement, but Mazorow was not disciplined or suspended by the dental board.

Kingery’s mother has enlisted a dental malpractice attorney in the wake of her daughter’s death.

Father Spreads Awareness After Daughter Dies In Dentist's Chair

Wed, 16 Feb 2011 08:00:00 EST

Three years after losing his eight-year-old daughter to a preventable dental mistake, father Mario Blanco has started a foundation that promotes emergency preparedness in dental offices across the country.

In 2007, Blanco brought is daughter Raven to the dentist for a routine procedure. Before she had the dental work done, she was given an oral sedative. After taking the medication, she acted strangely. Minutes after she sat in the dental chair, she stopped breathing and couldn’t be revived.

Blanco and his wife filed a dental malpractice lawsuit that was settled out of court. The state dental board found that the dentist had failed to assess Raven properly before the procedure, failed to track her vital signs, failed to attain the patient’s updated health history, and failed to respond to the dental emergency properly.

Today, the Raven Maria Blanco Foundation provides automated external defibrillators to dental offices that offer free and discounted services. In addition, the foundation runs dentist lectures on how to respond correctly to an emergency.

Thinking About Dental Tourism? Know That Dentists In Mexico Can't Be Sued For Mistakes

Tue, 15 Feb 2011 08:00:00 EST

While thousands of people travel to Mexico each year to have dental work done, safety advocates warn that dental tourism means exposing yourself to differences standards of care, differences in dentist training and licensing, and different liability laws.

Although dental tourism can save patients money, one dental expert warned, it may end up costing you both more money and dental complications in the long run. Dentists in Mexico can’t be sued for dental malpractice, and dental errors and dentist mistakes require either repeat trips to the country or expensive corrective procedures in the United States. In addition, dental patients who don’t speak Spanish risk a miscommunication with their dentist.

While there are many well-trained and professional dentists in Mexico, it is difficult to know what the quality of care you are receiving is or whether there may be a greater risk of infection. Most importantly, if something does go wrong – and the dental mistake is costly or leads to permanent damage – there is nothing the patient can do for justice.

Woman Files Dental Malpractice Suit After Botched Tooth Extraction

Mon, 07 Feb 2011 08:00:00 EST

Lori Ann Spotts can’t wear dentures because it is too painful. She can barely eat. And now she has discovered that having all of her teeth extracted was an unnecessary surgery that had horrific results.

In 2008, the 47-year-old woman went to an Allcare Dental & Dentures office – one of the many locations throughout the country. She paid the office over $3,000 after a dentist told her she had to have over a dozen teeth extracted and dentures. However, she says that they botched the oral surgery and lost the molds needed to make her dentures fit properly. In addition, she says that the surgery was never needed and that she was tricked into thinking that her insurance would cover all but a few hundred dollars.

Now the woman has spent thousands more on corrective procedures and still finds herself in pain and unable to wear dentures. She is seeking $50,000 in damages.

Allcare is facing multiple lawsuits after suddenly closing its doors on January 3 and informing patients that they will not reopen. Hundreds and perhaps thousands of patients say that they paid for services that were never rendered.

Allcare Dental Chain Sued By Patients After Closing Without Warning

Sat, 05 Feb 2011 08:00:00 EST

Two former patients of a now-defunct national dental chain have filed a federal class action lawsuit after they paid for dental procedures that never happened.

Jim Crowl and Gabe Williams have filed a lawsuit against Allcare Dental & Dentures, a dental office that once had 58 locations in 14 states across the country. Both men, as well as many other patients, paid the office money for dental materials and dental procedures only to have the offices suddenly close. Crowl paid $1,300 for four crowns but only received one crown before discovering the office was locked and closed on the day of his appointment. Williams paid $1,200 upfront for crowns and a bridge that he also never received.

Attorneys General across the country are receiving hundreds of complaints regarding the dental chain, which told customers on their website that they did not have enough money to continue operating and that they had no plans to reopen.

New York Based Allcare Dentist & Denture Under Fire After Closing

Tue, 01 Feb 2011 08:00:00 EST

Weeks after closing suddenly, the New York dental chain Allcare Dentist & Denture is scrambling to get their thousands of patients their dental records, find new dentists for those who need continuing care, and resolve the multiple lawsuits that they face.

At the start of the New Year, patients in 14 states around the country found that their dental office had closed without warning, leaving them without their dental records and without a dentist. Many had paid the office for dental procedures that had never been completed. A note on the company’s website told patients who needed immediate care to go to the emergency room or call 911. The note also alluded to cash flow issues.

More recently, the company said that their attorney is working on their legal issues and that they were “working day and night” to get their former patients new dentists and their dental records.

Patients who are owed money by the dental office or that have a related complaint are encouraged to call the New York Attorney General’s Office. The dental chain is now the center of a national investigation that will look into the hundreds of consumer complaints as well as the company’s general business practices.

Dentist Facing Second Wrongful Death Lawsuit For Similar Dental Mistake

Tue, 25 Jan 2011 08:00:00 EST

This month the dental world was rocked by the tragic death of a 13-year-old girl who was having two baby teeth removed by an 80-year-old oral surgeon. An initial investigation has found that the girl received a fatal brain injury because of an anesthesia error.

The investigation has also revealed that this is not the first time that the dentist, Dr. Henry Mazorow, has been implicated in the death of a dental patient because of anesthesia. In 1997, 57-year-old Rosemary Johnson died while having six teeth extracted by Mazorow. The investigation of the death revealed that the retired mother of five died because of a heart arrhythmia caused by an allergic reaction to an anesthesia drug.

Rosemary’s husband, Craig Johnson, filed a wrongful death lawsuit against the dentist, saying that his wife should have been on a continuous EKG and that Mazorow should have had a defibrillator – either of which could have saved his wife’s life. The wrongful death lawsuit was settled out of court for $550,000.

Dentist Didn't Wear Surgical Mask, Stopped To Eat Pizza During Procedures

Mon, 24 Jan 2011 08:00:00 EST

Earlier this month, 68-year-old dentist Steven Miller was arrested by DEA agents who say that the man traded prescription drugs for sexual favors with female patients. Miller, who voluntarily gave up his dental license last week, has admitted to illegal drug practices in his dental office as well as to asking to grope patients’ breasts in exchange for painkiller prescriptions.

However, new information has come to light that this is not the first time Miller has faced discipline for his poor and sometimes illegal dental practices. In 2008, the dentist was given a one-year probation after a patient came forward stating that Miller had not worn a surgical mask during an oral surgery – and that throughout the procedure Miller sprayed salvia on the man. In addition, the patient said that Miller left the patient unattended in the middle of the procedure to eat pizza.

A subsequent inspection by the Board of Registration in Dentistry found that Miller failed to sterilize his tools weekly, did not wear a protective mask when seeing patients, and did not maintain a controlled substance log.

Are Some Dentists Too Old To Practice Without Making Errors?

Mon, 17 Jan 2011 08:00:00 EST

This month we covered the tragic death of a 13-year-old girl who suffered fatal complications during the extraction of two baby teeth. An autopsy of the girl revealed that she likely died of a lack of oxygen to the brain caused by an anesthesia error.

While the dental patient’s death is still under investigation by the state board of dentistry, many critics have pointed out that the oral surgeon who performed the tooth extraction was 81 years old – certainly an advanced age for practicing dentistry. Could the dentist’s age have been a factor in the dental mistake and death? Could Dr. Henry Mazorow have been a safe and effective dentist in the past who is now showing his age through dental errors?

The state dental board stated that they would not take disciplinary action until the case is fully investigated, but they did say that one of the possible outcomes of the case, if Mazorow was indeed responsible for the error, was that Mazorow would be asked to voluntarily give up his license and retire.

Teen Dies After Oral Surgery To Remove Baby Teeth

Wed, 12 Jan 2011 08:00:00 EST

An oral surgeon is being investigated by his state dental board after one of his patients died two weeks after a dental procedure to remove two baby teeth and uncover an impacted tooth that was below.

On Monday, 13-year-old Marissa Kingery died at a children’s hospital two weeks after she went in to see Dr. Henry B. Mazorow for the dental procedure. A coroner found that she died of lack of oxygen to the brain, perhaps caused by an anesthesia error.

A spokesperson from the dental board explained that not all anesthesia errors were cases of dental malpractice as some of these deaths occur because of unknown previously existing conditions or because of seizure or heart attacks. However, if the investigation does reveal that Mazorow did not meet the acceptable standards of care during the surgery, he could face serious consequences, such as probation, suspension of his dental license, or even permanently losing his dental license.

Because the dentist is 81 years old, he may be asked to retire his license.

At the same time, Kingery’s family has hired an attorney and is considering a wrongful death lawsuit.

Police: Dentist Wrote Prescriptions In Exchange For Sexual Favors

Tue, 11 Jan 2011 08:00:00 EST

Police have arrested a dentist who they say has been trading powerful prescription drugs for sexual favors from female patients. He was taken into custody after the Drug Enforcement Agency (DEA) conducted a month-long sting on the man’s dental office and faces up to ten years in prison and one million dollars in fines.

According to state dental board records, 68-year-old Dr. Steven Miller wrote suspicious prescriptions for at least nine patients in the recent past – giving patients painkillers and other narcotics that were not consistent with the treatment they received. The investigation began in November, when a patient came forward and said that Miller had slapped her bottom and asked to see her breasts in exchange for Vicodin pills.

During the sting operation, Miller had one undercover agent fill out false paperwork regarding dental procedures that never took place in order to write an illegal prescription. On another occasion, Miller admitted to a patient that he was not in good standing with many local pharmacies because of his inappropriate prescriptions.

Dental Implant Patient Sues After Permanent Nerve Damage

Sat, 08 Jan 2011 08:00:00 EST

A dental malpractice lawsuit has been filed against an oral surgeon after one of his patients claims she suffered permanent nerve damage during a dental procedure.

In November 2008, Mackenzie Shimek had Dr. R. Kent Stobaugh extract one tooth and insert two dental implants during an oral surgery. During the dental procedure, however, Shimek claims that Stobaugh told her there were complications and that his dental drill had lacerated her tongue and mouth.

Weeks and months later, as Shimek was struggling with speech, numbness, and the ability to taste on one side of her month, she discovered that the root cause of her problems was a damaged lingual nerve in her mouth.

In her dental mistake lawsuit, Shimek says that the dentist and his dental office, Oral & Maxillofacial Surgeons of Houston, were grossly negligent – both for making the initial surgery error and then for failing to diagnose and treat the subsequent nerve damage. She is seeking damages for medical expenses, pain and suffering, loss of earnings, physical impairment, and mental anguish.

Veterans Dental Clinic Admits Sterilization Issues, Hepatitis Exposure

Fri, 07 Jan 2011 08:00:00 EST

Over 1,800 United States veterans received a frightening letter recently informing them that their last VA clinic dental procedure could have exposed them to a number of infectious diseases, including Hepatitis and HIV/AIDS. So far, four war vets have been found to have Hepatitis C after visiting the dental clinic and being subjected to dirty dental tools.

Authorities say that the St. Louis VA Medical Center was not properly cleaning and sterilizing their dental equipment for eleven months – between February 2009 and March 2010. During that time, hundreds of patients were exposed to a number of harmful viruses and bacteria and some believe dozens were infected. The 1,800 men who were exposed to these dangers have been asked to return to the clinic for free blood tests to determine whether or not they have been affected.

It is unclear why the dental tools were not being sterilized correctly.

The VA hospital and associated dental clinic has a long history of medical malpractice issues and other operational problems.

New York Dentist Cited For Professional Misconduct After Multiple Dental Errors

Mon, 27 Dec 2010 08:00:00 EST

Dr. Deepika Reddy, a dentist practicing in Manilus, New York, was recently cited for professional misconduct after multiple patients accused him of serious dental errors and unnecessary dental procedures.

One of her patients, Lisa Stewart of Fayetteville, New York, said that she went to the dentist to get some toothpaste for sensitive teeth and was pressured by Reddy to have a root canal and tooth extraction. Both procedures, she said, were botched and unnecessary and have led to follow-up procedures and pain. One patient said that Reddy fractured their jaw while pulling a tooth, while another claimed that Reddy left behind part of a file during a dental procedure.

Many believe that New York State was far too easy on Reddy, who was disciplined with required retraining classes and a $1,000 fine. She was also temporarily barred from executing tooth extractions and root canals. While many think that Reddy should have lost her license to practice dentistry permanently, New York officials say that they cut a deal to shorten the difficult process.

Stewart has filed a New York dental malpractice lawsuit against Reddy.

Does Your Dentist Have Dental Malpractice Insurance?

Thu, 23 Dec 2010 08:00:00 EST

While doctors are required by law to carry medical malpractice insurance, dentists are not held to the same requirements. What does this mean for patients who are harmed by their dentist’s negligence? If a dentist does not have the money to pay a dental malpractice claim and does not have dental malpractice insurance, the injury victim may never see compensation.

Currently in Pennsylvania, state lawmakers are discussing whether or not it should be state law for dentists to have dental malpractice insurance – a discussion that began after a local dentist had seven lawsuits and complaints filed against him. Shortly after the lawsuits were filed, the man stopped paying his dental malpractice insurance.

While the majority of dentists carry dental malpractice insurance, not carrying the insurance could be a red flag that your dentist may not take proper precautions in his or her practice. It may also mean that in the event of a dental error or dental mistake, your dentist or dental office may not be able to afford to compensate injured patients.

Cosmetic Dentist Faces Seven Dental Malpractice Suits And Complaints

Wed, 22 Dec 2010 08:00:00 EST

Multiple dental patients are clamoring for justice after they say Dr. Gregory Pedro of Fine Arts Dental performed unnecessary procedures, forced them into making dental decisions, and ultimately stole their money in exchange for shoddy dental work.

Seven different patients have filed dental malpractice lawsuits or complained to state officials about the dentist, who claimed to be a cosmetic dentistry expert who specialized in implants and reconstructions. One woman, Margaret Feinberg, had $87,000 worth of work done on her teeth before she figured out that not only did Dr. Pedro not have certification in cosmetic dentistry, he had also done permanent damage to her teeth.

Further investigation revealed that Pedro’s wife, Nancy, had been administering nitrous oxide to patients during surgeries even though she is not certified to do so. An expert dentist examining the cases believes that Pedro violated state laws, did not follow the dental standard of care, did not get patient consent, and did not develop appropriate treatment plans.

Dentist Suspended For Closing Office Without Notifying Patients

Fri, 17 Dec 2010 08:00:00 EST

An Indiana dentist has had his license suspended by the state Board of Dentistry after the man closed his dental office doors without notifying patients.

According to local news sources, Dr. Charles Durham has had his dental license suspended for 90 days and will need to attend a hearing in three months regarding the incident. In September, the board found that Durham had closed his office permanently without ever telling his patients that he was closing his business or giving them a chance to obtain patient information, records, or x-rays.

State law requires that dentists notify patients before closing an office and offer patients an opportunity to collect records. The state attorney general’s office requested the license suspension from the Board of Dentistry.

Durham has not been in contact with the Board of Dentistry or the attorney general’s office since his office was closed.

FDA Panel Examines Safety Of Mercury Fillings

Thu, 16 Dec 2010 08:00:00 EST

The FDA will begin a hearing today regarding the safety of amalgam fillings that contain mercury. While the FDA declared mercury fillings safe just last year, they received such a significant protest after the statement that they are now asking for more information from both sides of the issue.

A number of consumers and dentists believe that amalgam fillings cause dangerous amounts of mercury to seep into the body, causing serious complications. Others think that fillings can be damaging to pregnant women, children who are nursing, or children under the age of six with the fillings.

On the other hand, some dentists argue that the amalgam fillings do not significantly affect mercury levels in the body, and that mercury fillings are the most durable, least expense, best overall option for filling teeth.

Protestors want the FDA to reclassify mercury fillings as class III medical devices, which would require the FDA to prove their safety and effectiveness through medical trials.

Dental Malpractice Lawsuit: Patient Has Stroke After Tooth Extraction

Wed, 15 Dec 2010 08:00:00 EST

Two dentists and the Veterans' Administration Medical Center are facing a dental malpractice lawsuit after a man suffered a stroke just minutes after having eight teeth extracted.

According to court records, 49-year-old Christopher Ellison went in for the procedure for periodontal disease in September 2007, which was performed by oral surgeon Dr. Mark Abel and dental student Christine Bender. According to the two dental professionals, Ellison, who also suffers from obesity, hypertension, high cholesterol, and diabetes, seemed nervous about the procedure and said that he felt nauseous as the procedure began. The dentists stopped the extraction several times due to their patient’s low blood pressure reading, but eventually completed the procedure.

On the way home from the oral surgery, in which local anesthetic was used, Ellison suffered a stroke and was found unconscious in his car. According to his wife, he required a left hemicraniectomy and months of rehabilitation after the medical emergency.

New York Dentist Faces Multiple Charges After Patient Sexual Assaults

Fri, 10 Dec 2010 08:00:00 EST

Embattled Rotterdam Dentist Frank Izzo is facing even more charges for sexual abuse after he was arrested at his dental office two months ago. New York police say that the 52-year-old dentist. The New York dentist now faces four more counts of sexual assault and two counts of endangering the welfare of a child. In October, he was charged with five counts of sexual assault and four counts of endangering the welfare of a child.

NY State Police told reporters that of the ten women to come forward in Schenectady County, all were under 18 when they were patients of the dentist except for one woman who was older but developmentally delayed. Many of the women came forward after initial reports that Izzo had touched his patients in an inappropriate manner. In two cases, the statute of limitations had expired for filing charges.

Izzo has had his dental license suspended. He has been practicing since 1990.

Dental Anesthesiologist Arrested After Assault And Eavesdropping Allegations

Tue, 30 Nov 2010 08:00:00 EST

A nurse anesthesiologist, who worked at several Atlanta businesses, including a dental office, is facing multiple charges after five women said they were sexually assaulted and videotaped by the man.

Police arrested 48-year-old Paul Serdula for sodomy, sexual assault, aggravated assault, sexual battery, child molestation, and eavesdropping. Although the current charges involve 15 women, police say that the man has videotapes and cell phone videos of hundreds of female patients.

Five women have filed lawsuits against WellStar Health System, saying that the health care company didn’t properly monitor their patients. Serdula has worked in a number of dental offices and medical offices in past years, including Goldstein, Garber & Salama Dentistry and Cobb Hospital.

According to police, Serdula assaulted women after over-sedating the women during a variety of surgeries, operations, and procedures. In some of the videos, other hospital staff members were in the room at the time of the incidents.

Currently, Serdula is on house arrest after posting $250,000 bond and has had his nursing license suspended as he awaits trial.

Dentist Lawsuit: Root Canal Was Unnecessary And Poorly Executed

Sun, 28 Nov 2010 08:00:00 EST

A woman is suing her dentist after the woman said that her dentist performed an unnecessary root canal – and performed it badly.

Kathy Kirby and her husband, Marc, have filed a dental malpractice lawsuit against the doctor that executed the root canal, Dr. Anna Smith, as well as against the dentist’s employer, Dentistry With TLC. The lawsuit accuses the dentist and dental office of negligence and asks for compensation for medical costs, lost wages, loss of consortium, and court fees. The couple is seeking a jury trial to settle the dentist lawsuit.

Kirby says that her root canal was not necessary and that the issues with the teeth involved in the root canal worsened after the dental procedure took place. Kirby was forced to see another dentist after the root canal in order to have Smith’s poor work corrected.

Mistakes during root canals may be more common than you think. Learn more about common root canal errors here.

White Plains Dentist Loses License Over Fraud And Theft Felonies

Sun, 21 Nov 2010 08:00:00 EST

Embattled White Plains dentist Dr. Joanne Baker will give up her license to practice permanently and spend six months in prison after pleading guilty to two felony counts of grand larceny and insurance fraud.

The woman, who billed MetLife for thousands of dollars of dental work that she never provided, pleaded with the Westchester judge overseeing her case to keep her license and to be convicted of a lesser charge. During a rambling speech, the 51-year-old dentist from Scarsdale, New York, said that she would never work again if she was a convicted felon and said that she didn’t mean to commit fraud but was simply bad at numbers.

During the trial, it was revealed that over a dozen of her dental patients turned her in for billing insurance companies for procedures that never occurred. In the months that followed, Baker lied to investigators and MetLife and tried to prevent more patients from stepping forward with their stories.

Baker has also faced allegations of cocaine use.

Dental Malpractice Victims Still Waiting For Justice

Sat, 20 Nov 2010 08:00:00 EST

Over a dozen former patients of Dr. William Letcher’s former patients are clamoring for justice after a dental board hearing regarding Letcher’s license to practice dentistry has been postponed for the third time in a year. Now the State Dental Board says that it will meat on March 2, 2011, to discuss the dentists’ continuing poor performance, multiple claims of malpractice, and allegations that he stole pain medication from patients.

The meeting has been delayed because Letcher is attending a substance abuse rehab program.

Because Letcher does not have dental malpractice insurance, many of his victims are frightened that they will not be able to recoup the thousands of dollars that they are owed for poorly executed procedures, blatant dental errors, and other tooth problems stemming from his neglectful care. Currently, many injured patients simply want to see his dental license revoked – and to hear answers from the man that caused them so much pain and money. Others want to see him in jail for what he did.

Letcher’s attorney released a statement saying that the dentist has many satisfied patients and wants to vindicate his name. Letcher was put on probation in 1995 and had his license suspended for a year in 2000.

Dentist Loses License After Allegations Of Malpractice And Stealing

Fri, 19 Nov 2010 08:00:00 EST

Dentist Gary Anusavice has lost his license to practice dentistry and has been ordered by a judge to pay almost $240,000 in civil penalties, victim restitution, and other fees. And prosecutors say that several of his co-workers will now go on trial for their own stealing, lying, and poor dental work at the very same dental clinics.

The dentist, who faced a lawsuit regarding defrauding multiple clients in two separate dental clinics, is only one of six dental professionals who may suffer severe penalties after providing patients with shoddy dental work, forcing patients into expensive and unneeded procedures, and billing patients for work that was never completed. All in all, hundreds of complaints have poured in from patients who received poor care or were scammed at the two businesses.

Both dental clinics were closed following allegations of stealing and dental malpractice – leaving many patients without needed x-rays and dental records.

Dentist Faces Malpractice Lawsuit After Patient Hospitalized With Infection

Tue, 16 Nov 2010 08:00:00 EST

A woman is suing her dentist and her dentist’s practice after the dentist allegedly diagnosed but did not treat an infection.

According to court documents regarding the dental malpractice lawsuit, patient Casey Brolin went into Comfort Dentist Excellence complaining of pain associated with her wisdom teeth. Dentist J. Hamilton Calder diagnosed the woman with a tooth infection and removed three of her wisdom teeth in an extraction procedure. When asked if she needed antibiotics to treat the infection, the dentist said no.

In the following days, Brolin suffered from increasing pain and ended up hospitalized and in a life-threatening situation because of the spreading infection. Though she recovered, the woman spent eight days in the hospital recovering from his dental error. She is now suing him for damages related to her mental, physical and emotional distress. Her dental malpractice attorney intends to prove that her dentist was negligent in her care and failed to treat her condition in a reasonable manner.

Study Finds Dental Therapists Are Competent; ADA Disagrees

Mon, 15 Nov 2010 08:00:00 EST

A new study funded by the Kellogg Foundation has found that dental therapists in rural areas can competently execute simple dental procedures and that they provide a useful service for those who cannot easily reach a licensed dentist. However, the American Dental Association (ADA) continues to disapprove of non-dentists executing dental procedures on patients and has sued dental therapist programs in the past.

The study focused on the 14 dental therapists that work in rural Alaska – parts of the state that are sparsely populated and that are often out of reach of dentists and specialists. The dental therapists, who train for two years to do simple procedures such as drilling, cavity fillings, and extractions, are high school graduates. During the study, experts watched the dental therapists work on patients and provide care. In addition, they studied the records of both licensed dentists in Alaska and dental therapists.

The Alaska Dental Association agrees with the ADA, stating that even simple procedures can lead to serious complications that require a trained dentist.

Convicted Murderer Files Dental Malpractice Lawsuit After Broken Jaw

Sat, 30 Oct 2010 08:00:00 EST

Unfortunately, those in the prison system do not receive the best dental care – and a recent case on the west coast is just one example of prisoners receiving significant injuries during what should be routine procedures. Though convicts may have shocking pasts, it certainly does not mean that they should suffer harm in the dentist’s chair.

In the case of 36-year-old Quincy Dean Norton Junior, the convicted murderer was told he needed his infected and abscessed wisdom teeth removed while he was on trial for stabbing his wife to death. The dentist, Gregory L. Mar, broke his jaw during the tooth removal surgery, causing Norton to be transferred to a local hospital for emergency treatment. Following the dental mistake, which left Norton with a jaw that was wired shut, another dentist reviewed Norton’s case and argued that the teeth should have never been removed.

Norton is suing the county where the incident took place for dental malpractice and pain and suffering.

Should Dentists Be The Only Professionals Allowed To Whiten Teeth?

Fri, 29 Oct 2010 08:00:00 EST

A recent dental lawsuit in New Jersey has many asking what services, exactly, should be left to dentists and which services can be provided by other professionals. This week the New Jersey Dental Association sued Beach Bum Tanning, a chain of stores across the state that offers its tanning customers teeth whitening services in addition to time in the tanning bed.

The dentists are arguing that the definition of a practicing dentist is someone who treats teeth – a term that includes removing stains. However, the recent advent of over-the-counter tooth whitening kits have many questioning whether or not whitening services must be provided by someone with a dental license. In the past few years, professional tooth whitening services have popped up in a number of non-dental locations – such as the local mall.

Beach Bum tanning puts forth that they simply sell tooth-whitening products – not services. They sell kits that whiten teeth more than the kits found at the local stores, but not as much as the $300 to $700 procedures used at the dentist’s office.

A number of other states have also been struggling with who may sell tooth-whitening services – and issue that is complicated by the fact that the Food & Drug Administration (FDA) does not consider tooth-whitening products as a drug.

Dentist Convicted On Child Porn Charges Gets Back License To Practice

Mon, 18 Oct 2010 08:00:00 EST

Should a dentist convicted of child pornography possession be allowed to practice just three years after the charges? In Washington State, 34-year-old Mark Studenny has had his dental license reinstated after he was convicted of possessing more than 600 photographs and 12 movies involving child pornography.

When the child pornography was discovered in 2007, Studenny lost his dental license in Texas for life and is dental license in Washington indefinitely – though he could reapply in 20 years. However, the man successfully sued the state of Washington for denying him due process. He is now able to take steps toward getting his dental license back.

Studenny, who had no prior criminal record before his 2007 charges, will not be able to treat minors when he returns to practicing dentistry. He will also need to pass his exams and obey the conditions of his probation. He is said to be working in a dental clinic, although details are not readily available.

Parents Sue Dentist After Young Boy Swallows Dental Tool

Sun, 17 Oct 2010 08:00:00 EST

A dentist is at the center of a dental malpractice lawsuit in Texas after a young boy’s parents say that the dental professional dropped part of a dental instrument down the patient’s throat.

According to the Houston Chronicle, Dr. Gloria Phillips is facing a dental malpractice lawsuit filed by Juhlia Nelson and Shayne Nelson, who say that their young son, Kanye Nelson, was injured during a dental procedure. According to the dentist lawsuit, which was filed on September 30 in Harris County District Court, the boy was injured when a piece of dental equipment failed, broke off, and fell into the boy’s throat.

The parents of the boy are seeking unspecified monetary damages in the dental malpractice lawsuit. The specifics of the boy’s injuries, as well as the boy’s age, are not known.

Unfortunately, it is shockingly common for dentists to leave behind pieces of dental equipment or other debris in dental patients.

Lawsuit Alleges Dentist Sexually Harassed Employees, Patients

Wed, 06 Oct 2010 08:00:00 EST

A new lawsuit filed by two dental employees accuses their manager, Dr. David Mikitka, of sexual harassment, unwanted sexual advances, and sexual comments toward patients.

The first woman, a dental assistant, says that Mikitka began acting inappropriately toward her shortly after she began working in his dental office in 2007. His actions included unwanted sexual touching, sexual comments toward her, and sexual comments regarding his female patients. The second woman, a dental hygienist, said that similar incidents occurred after she began work in 2008, including sexual comments about patients and attempted kisses.

The women, who are suing dental office and not the dentist himself, said that management did nothing to stop the problem. Mikitka's wife told reporters that the accusations were false, while the state board of dental examiners said that Mikitka has not been disciplined for anything in the past.

Inappropriate sexual behavior by a dentist (or anyone) is NEVER okay. If you have been subjected to sexual harassment or unwanted sexual advances by a dental professional, report it immediately.

Should Denturists Need A License To Practice?

Tue, 05 Oct 2010 08:00:00 EST

Denturists, denture technicians who often train through apprenticeships and do not have formal schooling or dental licenses, are not allowed to practice legally in New York State. While some believe these denturists provide a useful service, especially to those who cannot afford alternate means of getting crowns, bridges, and dentures, others, such as the American Dental Association (ADA), believe that it is dangerous for those without the background knowledge of a dentist to provide such services to the public.

It is legal for denturists to practice in six states, not including New York. In addition, the Federal Denture Act also makes it a crime for non-licensed dentists to produce and sell dentures. However, denturists across the country are campaigning for the right to practice their profession legally. The ADA puts forth that denturists who have not attended traditional dental school will not be able to recognize all structural issues that might present themselves during visits as well as oral cancers or other oral diseases.

Before choosing to work with a denturist, ask about his or her dental license and educate yourself about denturists generally.

Mother Sues Two Dentists After Son Dies Of Pain Killer Overdose

Mon, 04 Oct 2010 08:00:00 EST

Grieving mother Tammy Blankenship is suing two dentists for a deadly medical mistake – her 15-year-old autistic son died of a painkiller overdose shortly after having oral surgery at a children’s hospital. She is seeking over one million dollars in damages related to the death of her son.

Michael Blankenship, whose autism made him unable to speak or swallow pills, was given a powerful fentanyl painkiller patch after his dental procedure in March 2010. The patch is usually reserved for cancer patients or those with high narcotics tolerances.

The head of the hospital where the dental medication error took place has apologized to Blankenship, but she says that the two dentists involved have yet to reach out to her to say sorry for what may believe was clearly a preventable error. This is the third accidental overdose to occur at the hospital in two years. Attempts to settle the dental malpractice incident out of court have failed.

Man Sues Dentist After Botched Tooth Extraction And Bone Graft

Wed, 22 Sep 2010 08:00:00 EST

Periodontist Dr. J. Robert Friedberg is being sued by one of his patients who complained that his botched dental surgery was caused by the improper use of equipment and could have been prevented.

The dental malpractice case, which was filed on September 2, states that Gary Ricketts went into Dr. Friedberg to have a root canal fixed after an unsuccessful procedure. However, when the dentist removed one of Rickett’s teeth and performed a bone graft, the court document states that Friedberg used an electric hand piece for the dental procedure that he had not been trained to use and that he hadn't used in the past. The result was overheating, two damaged teeth, and a painful exposed jaw bone.

Ricketts, who said that the dentist never disclosed his inexperience with the dental tool, is suing for medical expenses, disfigurement, pain and suffering, and mental anguish.

Your Dentist Should Never Pressure You Into A Treatment Or Procedure

Mon, 20 Sep 2010 08:00:00 EST

This week we covered the story of a children’s dental office that is facing a class action lawsuit regarding their treatment of patients. One of the most common complaints among the over 100 plaintiffs is that they were pressured into agreeing to dental procedures for their children. One complainant said that she felt “bullied” into making dental treatment choices.

The truth is, a good dentist will never pressure you into a procedure or treatment. In fact, a good dentist will do his or her best to examine your issue and then inform you of your best options – including the pros and cons of each option. A good dentist works in a partnership with you to create a working dental plan and to keep your teeth as healthy as possible. He or she will keep in mind both the right plan for you as well as your unique needs and wishes.

Only poor dentists will pressure you into specific treatments. And if a dentist bullied you into a procedure that you never needed, you may be a victim of dental malpractice.

Parents Sue Kids' Dental Office For Unnecessary Procedures

Thu, 16 Sep 2010 08:00:00 EST

A class action lawsuit has been filed against a children’s dentist in Oklahoma City after over one hundred parents came forward with stories of unnecessary dental procedures and bullying dentists.

A number of parents have said that their children were subjected to a number of dental procedures that were not needed, such as tooth caps. In many cases, the parents were not even asked their permission to go ahead with dental work. In other cases, parents say that they were pressured into dental procedures that they did not understand. Finally, other parents say that their children were left alone or unsupervised in the office, or that their children suffered complications that were never revealed to their guardians.

The dental office, which has also been accused of Medicare fraud in the past, says that it will not comment on the charges, but says that it takes patient complaints seriously. Some former employees believe that the office was doing extra procedures in order to receive greater Medicaid reimbursements.

Manhattan Dentist Loses Lawsuit Against New York Internet Review Website

Wed, 15 Sep 2010 08:00:00 EST

A New York City dentist has lost a lawsuit against Yelp!, an online website that specializes in customer reviews of businesses. The NY dentist lawsuit was filed against both the review website and the writer of the review for defamation, but the dentist lost the case because internet sites are not responsible for the content of third-party opinions. The same dentist also lost a related claim that Yelp! uses deceptive practices.

In the review of Dr. Glenn Riet, an anonymous poster said that he had been overcharged for a visit, had two cavities filled in an unnecessary procedure, and was not treated well by the dentist office staff. Riet claimed in court that the accusations were untrue and that his business could suffer because of the poor review.

It is common for businesses such as dentist offices to sue a party after receiving a poor review on the internet. However, these cases are rarely won.

Should Your Family Dentist Take On Special Procedures?

Tue, 14 Sep 2010 08:00:00 EST

When considering braces, oral surgery, or dental implants, many dental patients wonder whether they should rely on their family dentist or seek the help of a specialist. Not surprisingly, a recent survey found that most general practice dentists believed that they could be trusted to do the work of a specialist, while most orthodontists believed that special procedures should be left to the experts.

There are a number of considerations when deciding who to go to for your dental work. You may feel comfortable and confident with your regular dentist – and your dentist may be more familiar with you and your dental history. But at the same time, a specialist may be more familiar with your general dental issues, more able to recognize complications, and better suited to execute the actual procedure.

Of course, the answer will vary based on the circumstance. In one case, your family dentist of 25 years might be the better choice than an orthodontist fresh out of school. In another case, you could have a complicated case that deserves the work of an expert in the field.

Dental School Mistakenly Injects 8 Patients With Powerful Sedative

Fri, 10 Sep 2010 08:00:00 EST

A serious dental error took place at the University of Colorado’s dental school this month. Officials say that at least eight patients undergoing dental procedures at the school were given a potentially lethal dose of a sedative. The mistake, which took place when the sedative midazolam was added to the dental school’s stock at five times its usual potency, was not discovered for 13 days.

No one suffered permanent harm from the high doses of the sedative, which suppresses the central nervous system and which could lead to brain damage or death. In the wake of the serious dental error, administrators did not inform the patients of the mistake at all. The dental school said that although the patients were released in fine health, some probably suffered from breathing problems during their procedures because of the incident.

Some say that although the school is not legally required to inform patients that they were given a dangerous dose of the drug, they are morally obligated to let them know. However, the school may fear a dental malpractice lawsuit in the wake of their error.

Dental Patient Sues After Allergic Reaction To Anesthesia Drug Lidocaine

Thu, 09 Sep 2010 08:00:00 EST

Could your dentist be administering a drug to you even after you told him you were allergic to it? This week, a dental malpractice lawsuit was filed for exactly that reason.

In 2006, a patient went to Children’s Dental Building for a dental procedure only to be injected with the anesthesia drug Lidocaine – a medication that the woman knew she had a severe allergy to. However, although she told her dentist multiple times – including twice in writing – that she reacted poorly to the drug in the past, it was still used during her dental visit. Following the procedure, the woman suffered from seizures and memory problems for six months. Although she was not certain at the time that her medical problems stemmed from her visit to the dentist, she confirmed that she was given Lidocaine in 2007 when she asked to look at her dental records.

If you have been given a drug that you have a known allergy for by your dentist, talk to a New York dental malpractice lawyer today.

Dentist Faces Allegations of Negligence And Drug Accusations

Mon, 23 Aug 2010 08:00:00 EST

Some of Dr. Bill Letcher’s dental patients complained about cracked implants, poorly fitting implants, and painful implants – while others say that he stole prescription pain medication from them. Now, in the face of possible dental malpractice lawsuits and drug accusations, Letcher has voluntarily given up his dental license and will soon go before the State Board of Dentistry.

Four of his former patients say that they have been plagued with problems since receiving implants from Letcher – including pain, trouble eating, lisping, cracked implants, and other problems. All of the four dental patients have spent thousands of dollars trying to correct the issues that Letcher created. One patient says that the negligent dentist stole pills out of her pain medication bottle after he requested that she bring the drugs to her follow-up appointment.

Letcher is now in rehab for prescription drug addiction treatment. He does not have dental malpractice insurance. This is not the first time he has faced allegations of dental malpractice – his dental license was suspended for a year in 2000.

New York Woman Wins $8 Million In Fosamax Trial After Jaw Infection

Fri, 20 Aug 2010 08:00:00 EST

Prescription osteoporosis drug Fosamax is in the news again in New York – and again being tied to causing serious complications after dental procedures.

In this case, a Manhattan woman has won an $8 million lawsuit against Merck, the maker of the bone-strengthening drug. The case involved 72-year-old Shirley Boles, a retired sheriff’s deputy who was on Fosamax for nine years. Her health problems began after a tooth extraction led to a bone marrow infection in her jaw and a number of other painful complications.

During the New York retrial, Boles’ oral surgeon was confident that Fosamax caused her dental surgery complications, noting that her other tooth extractions in the past went smoothly. Merck argued that the woman suffered from a number of dental problems unrelated to the bone drug, but lost the case.

Currently, there are an estimated 1,500 other lawsuits filed regarding Fosamax, jaw problems, and dental problems.

Three Websites Where You Can Check For Information About Your Dentist

Tue, 10 Aug 2010 08:00:00 EST

In far too many dental malpractice cases, patients choose dentists and dental offices without knowing about their history of dental errors and dental mistakes. But what can patients do to better ensure that their dentist does not have a poor track record of care? First and foremost, visit the New York Dental Board and make certain that your dentist is licensed to practice. Then, try checking out these consumer websites to help determine which dental office might be right for you. While the complaints on some of these website are not "official," multiple poor reviews of a dental office can help you avoid trouble in the future.

The Better Business Bureau lists past customer complaints about dentists and dental offices in New York as well as how complaints were resolved.
Yelp.com lists hundreds of customer reviews of dentists and oral surgeons throughout New York and New York City.
Complaintsboard.com allows readers to file complaints regarding poor treatment, poor customer service, and other problems with dentists and dental offices in New York and around the country.

Large Dental HMO Under Fire For Preventable Dental Errors

Mon, 09 Aug 2010 08:00:00 EST

A dental HMO that advertises low costs and services even to those with poor credit is once again under fire for dental malpractice and preventable dental errors. Western Dental, which sees an estimated 700,000 patients each year, is experiencing a new wave of dental patient complaints – a problem that they have been dealing with for 14 years.

One man suffered a severed nerve during a wisdom tooth removal – a dental mistake that has left the man with little feeling in his mouth, speech problems, and drooling problems. One woman had all of her top teeth pulled and received poorly fitting dentures only to discover from a second opinion that her dentist had pulled out a row of healthy teeth and that her surgery was unnecessary. In yet another case, a woman had bleach squirted up her sinuses, a dental mistake that caused months of pain and a number of follow-up procedures to remove dead tissue. Finally, another man who had a full tooth extraction suffered a hole in the roof of his mouth that caused food to come out of his nose while eating.

The HMO has settled some of these dental malpractice cases, though it faces a number of others currently.

Woman Receives Botched Root Canal, Blocked Nerve At Dental Clinic

Sun, 08 Aug 2010 08:00:00 EST

Dental clinic Western Dental has been under fire for its allegedly shoddy dental work for months as multiple patients have issued complaints about treatment, dental errors, and nerve damage sustained at the HMO dental clinic.

The newest complaint of dental malpractice comes from El Savlodor immigrant Milagro Medrano, who says that she has been in significant pain ever since receiving dental care at the clinic last year. In February, the woman went in for a root canal. Though her health should have improved after the dental procedure, the woman said that the pain in her mouth began almost immediately and worsened over the next year. When she went in to have her mouth checked a different dentist found that Western Dental had put too much filler in the woman’s mouth, blocking a nerve and causing constant pain.

Although she is on multiple pain medications and has tried having the problem fixed, she probably faces a lifetime of pain and a lowered quality of life – and all because of an easily preventable dental error that should have never happened.

Nobel Biocare Dental Implants Face Class Action Lawsuit

Tue, 03 Aug 2010 08:00:00 EST

Dentist Jason Yamada is filing a defective dental device lawsuit against Swiss company Nobel Biocare, which produces dental implants. Yamada and his lawyer say that the defective dental implants have caused painful side effects and complications in a number of dental patients – complications that often involved restorative dental care. Yamada would like to make the dental lawsuit a class action lawsuit that would involve dentists and patients throughout the country who have suffered ill effects from the faulty implants, such as pain and bone loss.

A Nobel Biocare spokesperson responded with a statement that their products were absolutely safe and that they would fight the lawsuit. They said that they were confident they would win a defective dental product lawsuit. Nobel Biocare dental implants were investigated by the Swiss Medical Products Agency in 2005 and 2006 – an investigation that ended with the agency suggesting that the company fix their products’ instructions and change their marketing strategy.

Queens Man Sues Trident For False Dental Care Claims

Mon, 02 Aug 2010 08:00:00 EST

Trident gum maker Cadbury Adams is facing a New York dental lawsuit after a Queens man accused the popular gum product company of false advertising.

The NYC man, Joshua Hirsch, said that the product Trident Xtra Care falsely claimed that the gum would reverse the condition of his rotting teeth and that the gum was an acceptable replacement for a visit to the dentist. Trident Xtra Care claimed that the gum contained “a unique form of calcium derived from milk” called Recaldent and that “Recaldent fills in the tiny crevices where cavities can form and leaves teeth more resistant to plaque acids.”

Hirsch and his New York lawyer are hoping others join their fight and form a class action lawsuit against the gum company that wrongly claimed their product strengthened and rebuilt teeth. Hirsch said that he would never have bought the gum if he knew that it would not help restore the state of his teeth.

Dentists Should Take Your Medical History Into Account Before Acting

Tue, 20 Jul 2010 08:00:00 EST

Dr. Mark Simpson and Simpson Dental Associates are facing a serious dental malpractice suit after failing to take a patient’s medical history into account before performing a jaw reconstruction surgery and permanent dental implant procedure. The dentist failed to discover that his patient took Fosamax, an osteoporosis drug that can cause tissue in the jawbone to die and that can lead to serious complications during dental procedures.

As you can see, taking a patient’s medical history and current medications into consideration before a dental procedure is extremely important – and not asking a patient for a medical history before doing dental work is negligent. Not knowing a patient’s dental past, the prescription drugs they are taking, or other medical factors could lead to harmful complications, dangerous drug reactions and potentially deadly anesthesia errors.

If you live in New York, and have suffered harm after a dentist did not take your medical history – or did not take your medical history accurately – you should speak to a dental malpractice attorney today.

Osteoporosis Drug Fosamax Could Cause Dental Complications

Mon, 12 Jul 2010 08:00:00 EST

This week we covered the story of Bonnie Ford, a woman who is suing her dentist for dental malpractice after he neglected to ask her about her medical history and use of Fosamax. The woman suffered years of dental pain and a failed permanent denture implant because her dentist was not aware of her jaw issues and Fosamax use.

Fosamax is a prescription drug used for treating osteoporosis and other bone diseases manufactured by pharmaceutical company Merck. In the last ten years, hundreds of lawsuits have been filed regarding a serious side effect of the drug – many users have reported ostenonecrosis of the jaw (ONJ), also known as “dead jaw”. Even Merck has admitted that the death of bone tissue in the jaw could be linked to the use of Fosamax and a traumatic dental event, such as a tooth extraction or oral surgery.

Because ONJ has been correlated with dental procedures and Fosamax use, it is imperative that your dentist knows that you take the bone disease drug before moving forward with planned oral surgeries.

Woman Files Dental Malpractice Lawsuit Regarding Fosamax Jaw Injury

Sun, 11 Jul 2010 08:00:00 EST

A woman is seeking compensatory and punitive damages in a dental malpractice trial against both her dentist and the dental group he works for. According to recent reports, dental patient Bonnie Ford is suing Dr. Mark W. Simpson and Simpson Dental Associates after her an unsuccessful bone replacement graft surgery that took place in 2007.

Ford says that her dentist failed to ask about her medical history – and failed to discover that she took the osteoporosis drug Fosamax, which is known to lead to jaw bone problems and complications. In addition, Ford puts forth that the dental office intentionally deceived her by not making the health risks associated with the procedure clear.

Ford also claims that Simpson hid the complications from her during two other surgeries related to her permanent dental implants and maintenance. Ultimately, Ford suffered from an infection, the loss of her implants, and years of significant dental pain.

What Does "General Standard Of Care" Mean?

Sat, 10 Jul 2010 08:00:00 EST

In dentistry, the “general standard of care” is a medical treatment guideline that outlines appropriate dental treatments based on scientific research and backed by dental professionals. More simply, the general standard of care in dentistry is the level at which an ordinary, reasonable, and prudent dentist would practice.

If a dentist does not provide the general standard of care to a patient – that is, if a dentist does not act in a reasonable or prudent manner – he or she could potentially face a dental malpractice lawsuit.

A New York dentist could fail to comply with the general standard of care by:

•    Failing to provide patients with a safe and clean environment for dental procedures.
•    Failing to come to a correct diagnosis after executing the appropriate tests and examinations.
•    Failing to obtain your informed consent before a dental treatment.
•    Failing to obtain your medical history before a dental treatment.
•    Failing to treat dental problems in a timely basis.

Could Denture Adhesives Contain Dangerous Levels Of Zinc?

Sat, 03 Jul 2010 08:00:00 EST

Recently, healthcare company GlaxoSmithKline announced that it was reformulating their popular denture paste Super Poligrip, eliminating zinc as an ingredient. This change took place after over 100 denture users filed lawsuits claiming that the denture adhesive caused zinc poisoning and nerve damage – and after Japan issued a recall of the dental product for similar reasons.

Medical experts believe that a significant number of the 35 million Americans who use denture cream may use too much and too often, swallowing the product and suffering ill effects from the zinc in the formula. Some of these users report nerve problems and neuropathy, and a small recent study confirmed that the zinc in denture adhesive was causing harm to those regularly using the product. While Super Poligrip has recently removed zinc from their product, the other leading denture adhesive, Fixident, still contains zinc, though maker Procter and Gamble has updated the product’s label.

In response to the controversy, the Food & Drug Administration (FDA) is considering reclassifying denture adhesives as Class II medical devices.

Mother Sues Dentist After Infected Wisdom Tooth Kills Son

Fri, 02 Jul 2010 08:00:00 EST

A patient’s mother is suing a dentist for dental malpractice after her son was found dead from sepsis following a wisdom tooth infection.

According to court records, plaintiff Dorothy Buckley is suing John D. Durney for dental malpractice after Dunrney failed to properly treat her son, Casey Grasso. Grasso began seeing Dunrney in 2004, and the dentist repeatedly recommended that his patient see an oral surgeon regarding his issues with gum disease and infection. In 2006, the patient went to the emergency room complaining of jaw pain, and doctors diagnosed an infected wisdom tooth. When the man visited his dentist six days later, he was prescribed a painkiller and a strong antibiotic. Two days later, he was found dead in his home – and a autopsy found that the cause of death was sepsis.

In the dental malpractice trial, the defendant is arguing that his patient was noncompliant and that he acted reasonably. Grasso’s mother, as well as a dental expert witness, is arguing that the dentist was negligent in his treatment and should have prevented the man’s death.

Bronx Dental Malpractice Case Involves Mercury Poisoning

Thu, 01 Jul 2010 08:00:00 EST

The Appellate Division of the Supreme Court of New York has ruled that a Bronx dental malpractice lawsuit can move forward against Dr. Hadley Bach of New York.

According to court information, NY dental patient Freya Koss is suing Dr. Hadley Bach for dental malpractice after she says she suffered mercury poisoning from bulk amalgam used during a tooth restoration procedure. Three different dental expert witnesses have testified that Bach should have used a pre-mixed encapsulated amalgam and that Koss was found to have high levels of gaseous mercury in her mouth following the dental work.

In regards to the Bronx dental malpractice trial, the American Dental Association (ADA) reiterated their belief that, "dental amalgam is considered a safe, affordable and durable material that has been used to restore the teeth of more than 100 million Americans." While the safety of amalgam has often been questioned and studied, extensive studies have not shown that the mixture of metals used for fillings is dangerous or harmful.

Six-Year-Old Boy Dies In Dentist's Chair While Getting Teeth Capped

Mon, 14 Jun 2010 08:00:00 EST

A mother is desperately searching for answers after her six-year-old son, Jacobi Hill, died during a visit to the dentist to have his teeth capped. The mother, Crystal Lewis, says that her son went into cardiac arrest after he was sedated for the dental procedure. Though the dental clinic rushed the boy to a nearby hospital by ambulance, he was pronounced dead upon arrival. Lewis says that his dental procedure was approved by his pediatrician and that he had no health problems. She also said that no one explained the danger of sedation to her before the dental procedure took place.

The dental clinic where the dental treatment death took place says that Medicaid is investigating the teeth capping fatality and that investigators are awaiting the results of an autopsy that took place last week.

Anesthesia and sedation is common in many dental procedures, especially children – but it can also be one of the most dangerous aspects of a visit to a dentist or oral surgeon.

Visits To Dental Clinic Ends In Hepatitis B Infections For At Least Five

Sun, 13 Jun 2010 08:00:00 EST

The Associated Press has reported a frightening Hepatitis B outbreak that authorities believe originated at a free dental clinic held last summer by Mission of Mercy. So far, three patients and two volunteers who were present at the dental clinic have tested positive for Hepatitis B infections – and initial tests from the five ill patients have revealed that the virus was probably contracted from the same source. Now, public health officials are urging an estimated 2,000 to be tested for the illness, all patients and volunteers who were present at the dental clinic in 2009.

Hepatitis B is a contagious virus that infects the liver and can cause serious complications over time. Transmitted through bodily fluids such as blood, the disease doesn’t do serious damage to the majority of carriers, though about ten percent of those with the condition will suffer from liver disease, jaundice, liver inflammation, cirrhosis, and liver cancer.

Dentist Faces Lawsuit After Patients Discover He Is Unlicensed

Sat, 12 Jun 2010 08:00:00 EST

Dentist Floyd C. Heck Jr. and his denture business, J & K Dental Lab, is under fire and facing dental malpractice lawsuits after local authorities discovered he was unlicensed by the Board of Dentistry, operating an unregistered dental lab, and violating a number of consumer protection laws. In addition, the Department of Health declared Heck’s office violated a variety of sanitation regulations.

According to reports, Heck has been making, fitting, and selling dentures for years despite the fact that he ignored a cease and desist order from the Board of Dentistry along with most other laws and regulations regarding dentistry, sanitation, and health. Over the time his office was operating illegally, he also allegedly made improperly fitting and painful dentures and took money from patients without making their denture order at all.

The Attorney General is requesting that Heck hands over all of his records as part of the dental malpractice investigation in hopes that all of Heck’s victims – many of them seniors – receive retribution for poor dental treatments and dangerous dental procedures that they received.

Wrong Tooth Extraction: New York Dental Malpractice At Its Worst

Fri, 11 Jun 2010 08:00:00 EST

Not many things are as unpleasant as getting teeth pulled – but waking from anesthesia to find that you have had the wrong tooth or teeth pulled is a horrendous moment that far too many New York dental patients have experienced. Though it may seem shocking, wrong tooth extraction is not a rare dental error – and it is a dental error that is almost completely preventable.

How can a wrong tooth extraction take place?

•    Your dentist does not confirm the tooth or teeth with the patient before the procedure.
•    Your dentist is distracted, inattentive, or otherwise negligent during the procedure.
•    Your dentist misread or misunderstood the referral form.
•    Your dentist does not use a checklist designed to prevent wrong tooth extraction and wrong patient procedures.

While some dental mistakes and accidents are just that, there is rarely a valid excuse for wrong tooth extraction. If you have been the victim of a wrong tooth or wrong teeth extraction in New York, you should talk to a NY dental malpractice lawyer immediately.

Dental School Fails To Sterilize Instruments – No Punishments Forthcoming

Thu, 10 Jun 2010 08:00:00 EST

No one at the Musgrave Hill dental school will be punished after a “human error” caused a number of dirty dental instruments to be used on children. In a similar sterilization mistake that took place just weeks before at the same dental school, no dental professionals suffered consequences for the dentistry mistake.

ABC News reported that ten children attending a dental clinic were treated with unsterilized dental equipment that could have caused infection or the transmission of blood borne diseases. While the affected children have been tested for potential health problems in relation to the dirty dental tools, many are still concerned about the school’s cleaning procedures and safety concerns.

Authorities say that although no one will be punished for the frightening dental mistake, the school will “learn from their mistakes,” implement new regulations and pay closer attention to the overall dental tool sterilization process.

Should Dentists Say, "I'm Sorry" After A Dental Error?

Wed, 09 Jun 2010 08:00:00 EST

The New York Times recently featured an article exploring a new trend in medical malpractice and dental malpractice cases – health professionals are more often opting to apologize for their mistakes despite a slight risk that saying, “I’m sorry” could be construed as an admission of guilt in New York courts.

In fact, a recent study has found that health professionals, such as dentists and oral surgeons, that apologize in the wake of a medical error or surgery mistake are more likely to navigate an out-of-court settlement with the patient and avoid expensive and stressful trials. While making a formal apology to a patient or their family may initially seem like a poor legal choice, many healthcare professionals are finding that it can save them legal costs while also giving them an opportunity to express regret for their error and sympathy for those affected. At the same time, the study reported that patients and families who receive heartfelt apologies from medical personnel are better able to cope with what has happened and reach an amicable settlement.

Failure To Diagnose Oral Cancer Can Be Deadly

Tue, 08 Jun 2010 08:00:00 EST

Did you know that one out of four people die from their oral cancer because of delayed diagnosis or missed diagnosis? Or that the majority of oral cancers in New York are discovered by dentists and dental technicians?

While the survival rate for those with mouth cancer are relatively high, beating oral cancer successfully rests heavily on early detection and appropriate action. Unfortunately, some NYC dentists will miss obvious signs of oral cancer and mouth cancer in their patients, such as irregular tissue on the mouth, gums, tongue, or lips. Others will fail to respond to patient complains of oral cancers symptoms, while still others will fail to appropriately test potentially cancerous areas. Late diagnosis of mouth cancers can lead to spreading cancer, facial disfigurement, loss of speech, and even death.

If you believe that you or a loved one’s oral cancer should have been detected by your dentist or dental professional earlier than it was, you should speak to an experienced New York dental malpractice lawyer as soon as possible.