Lawyer Files Malpractice Suit Against Dental Clinic

USA: Attorney Shelli Neal has initiated legal proceedings against the Seventh-Day Adventist Dental Clinic and Dr. Warren Reed, citing allegations of lack of informed consent and medical malpractice. The case, filed in Superior Court, stems from a dental treatment that began in November 2020.

Neal sought treatment for a turned tooth in her lower jaw, which she claims was primarily a cosmetic concern. During her initial consultation with Dr. Creed at the SDA Dental Clinic, a treatment plan was established to correct the single tooth within six months using braces.

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Alleged Deviation from Agreed Treatment

The lawsuit contends that the treatment deviated significantly from the agreed-upon plan. Neal alleges that approximately one year into the treatment, Dr. Creed placed braces on her upper teeth without discussion or consent. According to the legal filing, Neal immediately questioned this action:

“She said Dr. Creed didn’t say anything and left the room. Dr. Creed’s dental assistant, Laura, saw him leave the room so she went to ask him about Neal.”

Patient’s Concerns and Alleged Lack of Communication

The lawsuit details Neal’s repeated attempts to understand the rationale behind the additional braces:

“Following the installation of the braces on her top teeth, Neal kept asking why braces were put on the top teeth when her top teeth were already straight, and she had only asked the doctor to correct one tooth on the bottom.”

Neal claims that despite her inquiries, neither Dr. Creed nor the SDA Dental Clinic provided an explanation for the change in treatment.

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Alleged Unsatisfactory Outcome

The legal document asserts that when the braces were removed in June 2022, Neal’s dental condition had worsened:

“Her two front teeth now formed a V shape with an obvious space between the top and bottom teeth. Both front teeth were protruding out on the sides and not aligned with the other top teeth.”

Furthermore, Neal alleges that her bite alignment was altered against her explicitly stated wishes, resulting in her upper teeth overlapping the lower teeth.

Post-Treatment Complications

The lawsuit outlines several issues that arose after the removal of the braces, including ill-fitting temporary retainers and a metal retainer that didn’t fit due to tooth shifting. Neal claims she was never provided with a properly fitting permanent retainer.

Legal Action and Damages Sought

Attorney Michael Dotts, representing Neal, is seeking damages to be determined at trial, including compensation for pain and suffering. The lawsuit also requests pre-judgment and post-judgment interest, attorney’s fees, and other associated costs.

Clinic’s Response

At the time of reporting, the Seventh-Day Adventist Dental Clinic had not provided a comment on the lawsuit. It’s important to note that these are allegations contained in a legal filing, and the dental clinic has not yet had the opportunity to present its side of the case in court.

This case highlights the importance of clear communication and informed consent in dental procedures, as well as the potential legal consequences when patient expectations and treatment outcomes diverge significantly.