(File photo)

B.C. woman says unneeded dental work ‘dramatically altered’ her life, judge disagrees

No evidence to establish South Surrey, Vancouver-area dentists were negligent: court

A former restaurant worker who alleged work by two dentists – including one who practises in South Surrey – “dramatically altered” her life has had her negligence claim dismissed in B.C. Supreme Court.

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

Dr. Michael Racich, she alleged, breached the standard of care when he “chose to place three implants” despite “knowledge of the possibility of neuropathic pain.” 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 “does not establish” that either of the dentists breached the standard of care, or that their actions caused the damages suffered.

In his reasons, Kelleher notes “a history of treatment” for De Sousa’s 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 “fractured restoration” on the tooth that De Sousa said was “trapping food,” 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 “asked” 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 Sousa’s husband and daughters testified that De Sousa often complained of “burning pain” 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 “a disorder of unknown cause which can be exacerbated by dental procedures.”

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

In his reasons, Kelleher said De Sousa’s recollection of the circumstances or her treatment and her interaction with the dentists who saw her “was, to put it kindly, imperfect.”

“Ms. De Sousa’s evidence must be considered in light of her relatively poor memory. Moreover, much of what she told the Court is inconsistent with the ‘probabilities of the case as a whole,’” the judgment states.

Kelleher dismissed the evidence of one expert called by the plaintiff, noting “deeply flawed” instructions from counsel that included asking the expert to provide an opinion “regarding Maria De Sousa’s general disability arising from her medical malpractice injuries and the extent to which this interferes with her activities…”

The instructions “suggest that (the expert) was instructed to assume that there has been negligence and medical malpractice,” Kelleher found.

“As such, any conclusion reached by an expert based on these instructions is, as the defendants argue, a self-fulfilling prophecy.”

Kelleher described the defendants’ evidence as “unshaken in cross-examination.”

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, “it does not constitute tortious conduct on the part of the defendants.”

Just Posted

Castlegar teens rescue man from river

Will Watt and Shay LaFayette helped save a fisherman from the Kootenay River.

Gas venting from tanker at Castlegar rail yard posed no danger: officials

Argon gas discharged from a CP tanker car on Friday, April 19.

Carfentanil found for first time in Castlegar

Killer opiod found in local illegal drug market

Rossland’s Seven Summits school gets grant to grow global presence

Centre for Learning hopes to triple the number of international students it has

Rural dividend grants awarded in Kootenay West

Kootenay West MLA Katrine Conroy made the grant announcements in Trail on Thursday

What’s age got to do with it? B.C. couple with 45-year gap talks happy marriage

An Armstrong couple that has 45-year age gap began turning heads after being featured on show Extreme Love.

B.C. men challenge constitutionality of Canada’s secret no-fly list

Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17

Murder on B.C. property didn’t need to be disclosed before sale, court rules

Buyer had tried to break contract after learning a man with ties to crime had been murdered there

B.C.’s largest Vaisakhi festival target of threatening Facebook post: Surrey RCMP

Police say they are investigating the posts on Facebook, after local MLA forwarded screenshots

Pug life: B.C. town boasts waggish list of dog names

Freedom-of-information request lists most ‘pupular’ dog names registered in White Rock

VIDEO: Fish farming company launches $30-million vessel to treat salmon for sea lice in B.C. waters

Freshwater treatment an improvement but fish farms should be removed from sea, says conservationist

Singh says childhood abuse steeled him for scrutiny and stress of politics

He recounts the assaults for the first time in his book Love & Courage

Despite five extra weeks’ parental leave in Canada, dads still face stigma: survey

One reason people said dads don’t need leave is because they can just bond with their kids at weekend

Vintage bottles, magic cards, a 1969 Playboy: Quirky items found in historic B.C. buildings

Crews set aside some of the funkier pieces emerging from the construction rubble

Most Read