(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.”

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

White Rock nixes idea of liquor in Memorial Park

Council halts proposal to allow alcohol in waterfront picnic area

South Surrey mom frustrated by city’s response after son, 10, has severe reaction to park grass 

City of Surrey parks manager says ‘potential steps’ to address concern under review

Surrey Mounties seeking witnesses to Saturday shooting

Police say the victim isn’t providing investigators with information

Emergency funding granted to eight Delta charities

The Delta Foundation handed out a total of $181,860 through Canada’s Emergency Community Support Fund

B.C.’s virtual ‘SoundON’ concerts kick off with sounds of Surrey festival

‘FVDED Broadcast’ from nightclub on July 18, as charity event

Recent surge in COVID-19 cases not unexpected amid Phase Three of reopening: B.C.’s top doc

Keep circles small, wear masks and be aware of symptoms, Dr. Bonnie Henry says

NDP wants Lower Mainland MLA removed from BC Liberal caucus for alleged homophobia

BC Liberal leader, some MLAs apologize for Christian magazine ads but Laurie Throness doubles down

B.C. health officials pleased with likely extension of Canada-U.S. border closure

Health Minister Adrian Dix says the situation is ‘very serious in the United States’

‘Perfect storm’ led to bad year for mosquitos near Fraser River

High river levels and lots of rain meant many eggs hatched this year

Thousands of dollars of stolen rice traced to Langley warehouse

Police raid seizes $75,000 in ‘commercial scale’ theft case

Children suffer swollen eyes, burns while playing at Lower Mainland spray park

Mission RCMP are investigating incident that injured several children

B.C. NDP changing WorkSafeBC regulations to respond to COVID-19

Employers say reclassifying coronavirus could be ‘ruinous’

Baby raccoon rescued from 10-foot deep drainage pipe on Vancouver Island

‘Its cries were loud, pitiful and heartbreaking,’ Saanich animal control officer says

Statistical flaws led to B.C. wolf cull which didn’t save endangered caribou as estimated

Study finds statistical flaws in an influential 2019 report supporting a wolf cull

Most Read

l -->