Becker's Dental + DSO Review

7 BECKER'S DENTAL + DSO REVIEW - VOL. 3 AUGUST 2020 CLINICAL CARE Dentist must pay $2.5M after drilling into patient's tongue By Gabrielle Masson A $2.5 million verdict against a dentist who drilled into a woman's tongue was upheld by a Missouri appeals court, according to Legal Newsline. The appeals court rejected the objections from Thomas O'Keeffe, DDS, and said he must pay $2.5 million in noneconomic damages to patient Christina Bojorquez, who didn't feel the drill because her mouth was numb. The drill created a laceration 1.5 centimeters long and 1 centi- meter deep. Ms. Bojorquez was described as very social before the incident, but has become introverted and depressed because of slurring and stut- tering caused by the injury. "There was substantial evidence presented at trial demonstrating Plain- tiff's injuries and resulting voice disorder have caused her pain and suf- fering, impacted her lifestyle and caused her embarrassment and humil- iation and Plaintiff will continue to suffer such noneconomic damages in the future," Judge Robert Clayton wrote. n Face masks may be linked to more cavities, Texas dentist says By Gabrielle Masson A Houston-based pediatric dentist has seen more patients with cavi- ties than before and believes it may be tied to wearing face masks, according to ABC's KTRK-TV. Piya Ghandhi, DDS, owner of two dental practices, says the way people breathe when wearing face masks may be linked to increasing cavity rates. "If you're not used to ([masks]), it really can impede on our comfort of breathing," Dr. Gandhi told KTRK-TV. People tend to start breathing through the mouth instead of the nose, she said, which can dry out the mouth. "So saliva that usually protects our teeth from cavities is now getting dried out and making us more prone to cavities," Dr. Gandhi concluded. n Federal agencies back SmileDirectClub in suit against Alabama dental board By Gabrielle Masson A n official from the Justice Department ar- gued in favor of SmileDirectClub during a lawsuit against members of the Alabama Dental Board, according to Bloomberg Law. Makan Delrahim, assistant attorney general for the DOJ's Antitrust Division, asked the appeals court July 8 not to expand a defense protecting dental boards charged with limiting competi- tion. The case, filed Sept. 11, 2019, accuses the Ala- bama board of improperly refusing to let Smile- DirectClub operate in the state in an attempt to protect the interests of traditional dental provid- ers. The DOJ and the Federal Trade Commission have backed SmileDirectClub. The board members appealed after a lower court denied them state-action immunity, a de- fense that would let the dental board deflect fed- eral antitrust lawsuits. The Alabama Dental Board members say they're automatically entitled to the defense, said Rob- ert Ashby Pate, an attorney for the board. Smile- DirectClub is trying to conduct its own review of Alabama's regulatory procedures, Mr. Pate told the 11th Circuit, adding, "But that's not how it's done. SmileDirect doesn't get to audit the state of Alabama and neither does the government." SmileDirectClub, which has brought similar cas- es against boards in other states, says the Ala- bama board hasn't proved a level of state super- vision that would allow immunity. n

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