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B.C. woman says unneeded dental work 91Ƶdramatically altered91Ƶ her life, judge disagrees

No evidence to establish South Surrey, Vancouver-area dentists were negligent: court
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(File photo)

A former restaurant worker who alleged work by two dentists 91Ƶ including one who practises in South Surrey 91Ƶ 91Ƶdramatically altered91Ƶ her life has had her negligence claim dismissed in B.C. Supreme Court.

In the claim, Maria De Sousa alleged Dr. John Rogers 91Ƶ of White Rock Dental Group 91Ƶ breached the standard of care when he extracted a lower molar during her first appointment with him in June 2011, 91Ƶdespite not being able to find an issue with the tooth that would justify this most aggressive of treatment methods.91Ƶ

Dr. Michael Racich, she alleged, breached the standard of care when he 91Ƶchose to place three implants91Ƶ despite 91Ƶknowledge of the possibility of neuropathic pain.91Ƶ Those treatments occurred between December 2011 and January 2013.

However, in reasons for judgment posted last Friday (Feb. 1), Justice Stephen Kelleher found that evidence presented 91Ƶdoes not establish91Ƶ that either of the dentists breached the standard of care, or that their actions caused the damages suffered.

In his reasons, Kelleher notes 91Ƶa history of treatment91Ƶ for De Sousa91Ƶs extracted tooth dating back to 2004 and involving at least 11 other dental professionals, as well as a neurosurgeon. Several of those professionals testified in the civil trial, which was heard last year over 13 days in June, July and November.

Kelleher made his ruling on Feb. 1.

According to the reasons for judgment, the court heard that De Sousa was a patient with one South Surrey dentist for just over two years starting in July 2004. In that time, De Sousa did not follow recommendations for regular visits, nor did she proceed with a recommended crown on the tooth in question, which was suggested following a 91Ƶfractured restoration91Ƶ on the tooth that De Sousa said was 91Ƶtrapping food,91Ƶ the court heard.

Procedures performed or recommended by various dentists over the years following included root canals, crowns and specialist referrals. There were also suggestions the pain could be due to a neurological condition.

De Sousa testified that after Rogers removed her tooth, she was left with a sharp burning pain. While she denied insisting Rogers extract the tooth, she agreed that she had said, in her examination for discovery, that she 91Ƶasked91Ƶ for the extraction.

De Sousa also testified that implants were the only treatment Racich suggested, that all she was given to prepare for them was a tube of Colgate toothpaste, that she had a lot of pain after the procedures and that Racich told her it was neuropathic pain.

De Sousa91Ƶs husband and daughters testified that De Sousa often complained of 91Ƶburning pain91Ƶ on the right side of her mouth after the extraction. She stopped dancing and driving, and lost interest in gardening, among other things, the court heard.

A neurologist testified that De Sousa has persistant idiopathic facial pain; described in the court document as 91Ƶa disorder of unknown cause which can be exacerbated by dental procedures.91Ƶ

Those procedures, the neurologist testified, are commonly an effort to address the initial complaint, but are often futile as the disorder is 91Ƶtypically not of primary dental origin.91Ƶ

In his reasons, Kelleher said De Sousa91Ƶs recollection of the circumstances or her treatment and her interaction with the dentists who saw her 91Ƶwas, to put it kindly, imperfect.91Ƶ

91ƵMs. De Sousa91Ƶs evidence must be considered in light of her relatively poor memory. Moreover, much of what she told the Court is inconsistent with the 91Ƶprobabilities of the case as a whole,91Ƶ91Ƶ the judgment states.

Kelleher dismissed the evidence of one expert called by the plaintiff, noting 91Ƶdeeply flawed91Ƶ instructions from counsel that included asking the expert to provide an opinion 91Ƶregarding Maria De Sousa91Ƶs general disability arising from her medical malpractice injuries and the extent to which this interferes with her activities91Ƶ91Ƶ

The instructions 91Ƶsuggest that (the expert) was instructed to assume that there has been negligence and medical malpractice,91Ƶ Kelleher found.

91ƵAs such, any conclusion reached by an expert based on these instructions is, as the defendants argue, a self-fulfilling prophecy.91Ƶ

Kelleher described the defendants91Ƶ evidence as 91Ƶunshaken in cross-examination.91Ƶ

Kelleher found that De Sousa has a history of self-diagnosis and of refusing treatment when she disagrees with the professional. While he said that is her right, 91Ƶit does not constitute tortious conduct on the part of the defendants.91Ƶ



Tracy Holmes

About the Author: Tracy Holmes

Tracy Holmes has been a reporter with Peace Arch News since 1997.
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