ILNews

Court properly denied dentist’s petition for judicial review

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.

The patient, referred to as Patient A in the court opinion, had her wisdom teeth removed by Dr. Donald Walker in 2008. When she woke after the surgery, she felt like she was gasping for air and was told to stop because she was scaring other patients. Walker then placed his hand over her mouth and held it there for a few seconds, which really scared her, according to the opinion.

The patient was taken to a recovery room by two hygienists, but was left alone for several minutes despite her drowsy state. She felt rushed out of the office and saw a different dentist for follow-up care.

Patient A filed a complaint with the Attorney General’s Consumer Protection Division and a hearing before the dentistry board was held in October 2012. The board found Walker violated I.C. 25-1-9-4(a)(3) in that he violated 828 IAC 3-1-6.5(c)(10) by failing to provide continual and direct supervision of the patient by a person trained in basic cardiac life support. It also found Walker violated I.C. 25-1-9-4(a)(4)(B) in that he failed to keep abreast of current professional theory by using the “hand-over-mouth” technique on adult patients. The technique was taught in dental schools and accepted for pediatric patients up until the 1980s.

Walker claimed the board applied the wrong definition to the phrase “direct supervision,” which is not defined as used in 828 IAC 3-1-6.5(c)(10). The board concluded that “continual and direct supervision” was not being provided when the hygienist is in an adjacent room and providing treatment to another patient. The judges found this interpretation to be reasonable.

“The evidence established that Dr. Walker was aware that patients in the holding room were sometimes supervised by a hygienist who was across the hall treating another patient. Further, Patient A testified that she was left alone in the holding room, and the Board found her credible. We cannot reweigh the evidence or judge the credibility of the witnesses. We conclude that the Board properly found that Dr. Walker violated 828 IAC 3-1-6.5(c)(10) by knowingly failing to provide ‘continual and direct supervision by a person trained in basic cardiac life support’ to a recovering patient,” wrote Judge Michael Barnes in Donald R. Walker, D.D.S. v. State Board of Dentistry, 49A02-1307-MI-593.

The judges also found the evidence presented supports the board’s findings that Walker violated I.C. 25-1-9-4(a)(4)(B) by using the hand-over-mouth technique on Patient A. The board relied on the testimony of several oral surgeons to hold that the technique is not current professional theory or practice for use on adult patients.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT