Dentist, assistant sued for allegedly removing teeth without consent

2019 10 18 17 04 1697 Lawsuit 400

An Illinois woman who claims to have debilitating health conditions as a result of four wisdom teeth being removed without her consent has filed a lawsuit against the dentist and another person involved in the procedure, according to a news report in the Madison - St. Clair Record.

Reza Movahed, DMD, of Mid America Oral Surgery & Impact Center in O'Fallon, and an unidentified dental assistant or employee are being sued for malpractice by Crystal Kennedy. She filed the suit on October 4 in St. Clair County Circuit Court.

Kennedy went to the practice to have her wisdom teeth extracted in September 2017. Prior to the procedure, Kennedy claims she told a dental assistant that she had some concerns about moving forward with the procedure, according to the article. The assistant never addressed her concerns and, instead, went ahead and gave her general anesthetics, Kennedy alleges.

Kennedy claims that she was not conscious and did not give consent for the extractions. However, her then-boyfriend, Wesley Kennedy, signed an informed consent form. He had no legal right to do this, the Record reported.

Dr. Movahed allegedly manually extracted all four teeth without knowing that sensitive nerves, including the trigeminal, remained too close to one of Kennedy's teeth. Due to this situation, Kennedy contends that a noncomplex removal was inappropriate.

In addition to the lack of consent, Kennedy accuses the dentist of using an "overly aggressive, improper" technique, damaging the nerves, and "negligently and carelessly" failing to adequately explain the potential risks. Furthermore, she claims the dentist failed to refer her promptly to a specialist to treat her nerve damage.

Kennedy alleges that the unidentified party, who is referred to as Jane Doe in the suit, failed to obtain informed consent and failed to address her concerns before giving her anesthesia.

The procedure has left Kennedy with permanent damage to her trigeminal nerve, she alleges. The suit states that other clinicians have diagnosed her with trigeminal neuralgia. She also experiences "constant debilitating migraines, dizziness, and vertigo" and requires additional dental and neurological treatments.

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