DENTAL LEGAL NEWS

by
JOYCE R. WEINMAN, BARRISTER & SOLICITOR

THE PERIO CASE FROM HELL
From the files of Joyce R. Weinman

The patient worked as a Headhunter. She was a smoker. At work she had to appear confident and engaging. Physical attractiveness and an engaging smile was considered to be her primary professional asset. The patient first attended at the dentist's office in 1988. She continued to attend for annual examinations but also visited every 3 months for cleaning appointments.

In the summer of 1993, the patient noticed a bad taste in her mouth. She thought she could detect pus oozing from one of her teeth. She reported this immediately to her dentist, who referred her to a periodontist.

The periodontist made the following diagnosis: generalized advanced periodontitis, including edematous haemorrhagic and suppurative gingivitis.

The periodontist advised she would likely lose at least 10 teeth due to advanced bone loss and severe tooth mobility. The patient was advised that the most seriously compromised teeth included anterior teeth 11,15, 21, 24 31, 32, 41, 42, and 43.

The patient required extraction's, endodontic treatments crown and bridge and possibly dental implants, if she was a candidate for treatment. Extensive periodontal treatments were begun including bony recontouring procedures.

The patient was devastated. She retained me to act as her legal counsel. She asked me to assess the legal liability of her dentist. The clinical notes and records revealed a failure to carry out a periodontal examination. No measurement of pocket depths was carried out. Radiographs were only taken sporadically to assist in the placement of restorations. Although numerous tooth cleanings were noted, it was obvious that only supergingival calculus and stain was removed. The dentist failed to detect subgingival calculus. He also never initiated a prophylactic treatment program and failed to instruct the patient in oral hygiene care.

A patient/client has one year to initiate a law suit from the time she knew or ought to have known that the acts of alleged negligence caused her damage. I advised my client that the dentist had failed to meet the standard of care and that a Statement of Claim should be prepared to preserve her statutory right to sue.

A Statement of Claim was drafted. All of the acts of commission and omission of the dentist were outlined, in great detail, including the dentist's failure to take steps to diagnose, treat and prevent the loss of the Headhunter's teeth. The case continued on for three years!

Joyce R. Weinman.