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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT