Oral Surgeon Charged with Liability and Professional Consequences Following Patient Fatality

Medina,Ohio – an Oral Surgeon in Ohio is at the center of a legal battle and a professional review following the death of a Patient who suffered cardiac arrest during a dental procedure in August 2023. The case raises critical questions about patient risk assessment and the administration of anesthesia in oral surgery.

Patient Death Prompts wrongful Death Suit

Brandy Miller has filed a wrongful death lawsuit against Dr. Faisal Quereshy and Case Western Reserve University School of Dental Medicine. The lawsuit alleges negligence in the care provided to her husband, matthew Miller, 48, who died four days after undergoing a tooth extraction at Visage Surgical Institute. The Ohio state dental Board is scheduled to commence a hearing in October to assess potential disciplinary measures for Dr. Quereshy, who also serves as a professor at the University.

Details of the Procedure and Allegations

According to the legal filings, Matthew Miller underwent a procedure at Visage Surgical Institute to remove three teeth under general anesthesia. Mrs. Miller contends that Dr. Quereshy advocated for the use of general anesthesia despite potential risks. The Dental Board’s examination reveals that Miller’s morbid obesity presented a significant risk for respiratory complications during the extraction. Additionally, the board asserts that a complete physician evaluation, deemed necessary given Miller’s health status, was not conducted prior to the procedure.

The allegations further claim that Dr. Quereshy administered a series of medications without adequate monitoring of their effects. This included administering anesthesia, medications, placing a throat pack, and initiating the surgical process within a short timeframe, leading to Miller’s cardiac arrest. Crucially, the board alleges that reversal agents, which could have counteracted the effects of the administered drugs, were not given.

Concerns Regarding Medical Records and Staffing

The Ohio State Dental Board has also raised concerns about potential alterations to Miller’s pre-operative anesthesia records the day after the procedure. Furthermore, it’s been alleged that Dr.Quereshy permitted a research fellow, not licensed to practice dentistry in Ohio, to function as a dental assistant during the surgery. The research fellow was affiliated with Case Western Reserve University. Case Western has asserted in court documents that Miller was not under their direct care, and, thus, they bear no obligation for the incident.

Dr. Quereshy has firmly denied all accusations leveled against him.

Key Detail	Facts
Patient Name	Matthew Miller
Surgeon	Dr. Faisal quereshy
Location	Visage Surgical Institute, Medina, OH
Date of Procedure	August 2023
Cause of Death	Acute hypoxic respiratory failure due to procedural sedation

Did You Know? According to the American Society of Anesthesiologists, patients with obesity are at a higher risk of complications during anesthesia and surgery. Learn more about the risks.

Pro Tip: Always discuss your complete medical history and any concerns you have with your doctor or surgeon before undergoing any medical procedure.

Understanding Anesthesia Risks in Dental Procedures

While tooth extractions are generally safe, the use of anesthesia, especially general anesthesia, carries inherent risks. These risks are amplified for individuals with pre-existing medical conditions such as obesity, heart disease, or respiratory problems. Proper patient screening, monitoring during the procedure, and the availability of reversal agents are essential components of safe anesthesia administration. The American Dental Association offers resources for patients regarding dental procedures and anesthesia safety.

The cases such as this highlight the importance of medical professionals to adhere to the highest standards of care, prioritize patient safety, and conduct thorough pre-operative assessments.

Frequently Asked Questions about Dental Anesthesia Risks

• What are the risks of anesthesia during a tooth extraction? Anesthesia can cause side effects such as nausea, vomiting, and allergic reactions. More serious risks, though rare, include breathing problems and cardiac arrest.
• Is general anesthesia necessary for all tooth extractions? No, general anesthesia is typically reserved for complex extractions or patients with anxiety or medical conditions that make local anesthesia unsuitable.
• What should I tell my dentist before a tooth extraction? It’s crucial to disclose your complete medical history, including all medications, allergies, and pre-existing conditions.
• What is a reversal agent? A reversal agent is a medication used to counteract the effects of anesthesia drugs if complications arise.
• How can I minimize the risks of anesthesia? Choose a qualified and experienced dentist or oral surgeon, follow their pre-operative instructions carefully, and be honest about your medical history.
• What is the role of a dental board in cases like this? The dental board investigates allegations of misconduct and can impose disciplinary actions, such as license suspension or revocation, to protect the public.
• What defines wrongful death in Ohio? In Ohio, wrongful death occurs when a person’s death is caused by the negligence or intentional acts of another party.

What are your thoughts on the importance of thorough patient evaluations before surgery? Do you feel pleasant discussing your medical history openly with your healthcare providers?

Share this article with your network to raise awareness about patient safety in medical procedures. Leave your comments below!

What constitutes “gross negligence” in the context of an oral surgeon facing criminal charges related to patient fatality?

Understanding Medical Malpractice in Oral Surgery

When a patient tragically dies following oral surgery, the legal and professional ramifications for the surgeon can be severe. This article delves into the potential charges, consequences, and complexities surrounding such cases, focusing on oral surgery malpractice, patient fatality, and medical liability. We’ll explore the legal landscape, professional repercussions, and what patients and their families should know. Keywords: oral surgeon liability, surgical negligence, wrongful death lawsuit.

Potential Criminal Charges Against an Oral Surgeon

While most cases fall under civil litigation, criminal charges are possible, particularly if gross negligence or intentional misconduct is proven. These charges can include:

* Criminal Negligence: This involves a reckless disregard for patient safety, demonstrating a substantial deviation from the accepted standard of care.

* Manslaughter: If the surgeon’s actions (or inactions) directly caused the patient’s death and demonstrate a culpable mental state, manslaughter charges may be filed. This can range from involuntary manslaughter (unintentional but reckless) to voluntary manslaughter (intentional but without premeditation).

* Medical Fraud: If the death resulted from fraudulent billing practices, falsified records, or performing unnecessary procedures, fraud charges could be added.

The burden of proof for criminal charges is considerably higher than in civil cases (“beyond a reasonable doubt” vs. “preponderance of the evidence”).Keywords: criminal negligence, manslaughter charges, medical fraud.

Civil Lawsuits: Establishing Medical Negligence

The majority of cases following a patient fatality involve civil lawsuits alleging medical malpractice.To succeed, the plaintiff (the patient’s family) must prove:

1. Duty of Care: A doctor-patient relationship existed, establishing a legal duty of care.
2. Breach of Duty: the oral surgeon’s care fell below the accepted standard of care – what a reasonably prudent oral surgeon would have done in the same situation. This often requires expert witness testimony.
3. Causation: The breach of duty directly caused the patient’s injury and, ultimately, their death.
4. Damages: The patient’s family suffered quantifiable damages, such as medical expenses, lost income, and emotional distress.

Common allegations in oral surgery malpractice cases include:

* Surgical Errors: Mistakes made during the procedure itself (e.g., nerve damage, improper implant placement).

* Anesthesia Errors: Incorrect dosage, failure to monitor vital signs, or inadequate training in administering anesthesia.

* Post-Operative Neglect: Failure to provide adequate post-operative instructions, monitor for complications, or respond to emergency situations.

* Failure to Diagnose: Misdiagnosis or delayed diagnosis of a condition that contributed to the patient’s death. Keywords: medical malpractice lawsuit, standard of care, surgical errors, anesthesia complications.

Professional Consequences for the Oral Surgeon

Beyond criminal and civil penalties, an oral surgeon facing allegations of negligence can experiance notable professional consequences:

* License Suspension or Revocation: State dental boards have the authority to suspend or revoke a surgeon’s license to practice.

* Hospital Privileges Revoked: Hospitals may revoke the surgeon’s privileges to perform procedures within their facilities.

* Professional Reputational Damage: Allegations of malpractice can severely damage a surgeon’s reputation, leading to a loss of patients and career opportunities.

* Increased Insurance Premiums: Malpractice insurance premiums will likely increase substantially, or coverage might potentially be denied altogether.

* Reporting to National Practitioner Data Bank (NPDB): Adverse actions taken against the surgeon will be reported to the NPDB, a national database used by hospitals and licensing boards. Keywords: license revocation, hospital privileges, NPDB reporting.

The Role of Expert Witnesses

Expert witnesses play a crucial role in both civil and criminal cases. These are qualified oral surgeons who can:

* Review medical records and provide an opinion on whether the surgeon met the standard of care.

* Explain complex medical procedures and concepts to the jury.

* testify about the cause of the patient’s death.

The credibility and qualifications of the expert witness are critical to the outcome of the case. Keywords: expert witness testimony, *medical expert