An oral surgeon in Canada won a medical malpractice lawsuit that claimed the jaw procedure performed on a patient to treat sleep apnea was not the procedure they had agreed on, according to multiple news stories.
The British Columbia Supreme Court ruled on September 9 to dismiss a lawsuit filed by Jeremy Lorne Antepyan-Ruckenstein against Dr. Fahad Cadili, an oral and maxillofacial surgeon, and his corporation OMFS in Vancouver. The court dismissed Antepyan-Ruckenstein’s claims of negligence, lack of informed consent, breach of contract, battery, and negligent misrepresentation, according to the stories.
In June 2022, Antepyan-Ruckenstein underwent jaw surgery after being diagnosed with obstructive sleep apnea, which had caused fatigue and other symptoms for years.
After the surgery, Antepyan-Ruckenstein accused Cadili of performing a procedure that included a genial tubercle advancement (GTA) instead of the one he provided his informed consent for.
Furthermore, the patient claimed that the surgery he received didn’t properly relieve his sleep apnea, leaving him unable to go back to work and forcing him to undergo more procedures, including another jaw advancement surgery in Brazil in 2024, according to the stories.
Cadili denied the allegations, stating that the procedure he performed was consistent with the treatment plan. The court agreed, concluding that the GTA not only was within the scope of what they discussed, but it advanced Antepyan-Ruckenstein’s jaws, improved his airway, and that he had consented to all of it, according to the stories.
Finally, the court ruled that Antepyan-Ruckenstein’s health and ability to function did not deteriorate due to the surgery. Additionally, the court didn’t find enough evidence to show that the surgery performed by Cadili led to any new or worsened sleep apnea symptoms.
