Oral Surgeon had me sign up for extra services while I was under medication.

[nhrunna]

What is the name of your state (only U.S. law)? New Hampshire

I needed to get two teeth extracted and called the oral surgeon and he got me an appointment the next day. I was prescibed a double dose of valium as it doesn't usually have much effect on me and I wasn't sure of what the surgery entailed. Once I got in the dentist chair the surgeon said that he could save me some extra money and put the screws in for implants at the same time as the extractions. I said I needed to be cautious with my money, but he said he had a plan where there was a 0% finance charge, so he sent me to a desk to talk it over with a staff member. I am a local teacher and they know full well our dental plan. She told me it was a good one and the insurance pays 70% for this procedure so I am trying to do the math in my head with the valium going around and I reason that the $5500 cost would come down to $1600 or something. Too much, but I was told that the financing would help me pay it off. So I signed up. A couple of days later it hit me. I have a $2000 maximum per year for insurance so my cost more than doubled as I had already used some of my dental money for the year. I am sure the office knew this on my plan, but didn't remind me of that while I was on the vailum when everything sounded so good and helpful and I was very agreeable to anything. Then I inspected the interest free loan and it has a 26% interest rate if not paid off in a year. Can the oral surgeon allow you to make such decisions when he knows you are under medication? You can't drive under it, so why allow big decisions? Is there any recourse in a situation like this.

 

[Zigner]

Answer: Yes.

 

[asiny]

I was prescibed a double dose of valium as it doesn't usually have much effect on me and I wasn't sure of what the surgery entailed.

What were the instructions of the medication?
When were you meant to take it?
How much were you meant to take?

A couple of days later it hit me. I have a $2000 maximum per year for insurance so my cost more than doubled as I had already used some of my dental money for the year. I am sure the office knew this on my plan, but didn't remind me of that while I was on the vailum when everything sounded so good and helpful and I was very agreeable to anything.

Not everyone has the exact, same, maximum- the dentist office only has 2 things to confirm 1) that their office accepts your insurance and 2) verify that you have insurance.

You can't drive under it, so why allow big decisions?

How did you get to and from the dentist office?

 

[barry1817]

dental

What is the name of your state (only U.S. law)? New Hampshire

I needed to get two teeth extracted and called the oral surgeon and he got me an appointment the next day. I was prescibed a double dose of valium as it doesn't usually have much effect on me and I wasn't sure of what the surgery entailed. Once I got in the dentist chair the surgeon said that he could save me some extra money and put the screws in for implants at the same time as the extractions. I said I needed to be cautious with my money, but he said he had a plan where there was a 0% finance charge, so he sent me to a desk to talk it over with a staff member. I am a local teacher and they know full well our dental plan. She told me it was a good one and the insurance pays 70% for this procedure so I am trying to do the math in my head with the valium going around and I reason that the $5500 cost would come down to $1600 or something. Too much, but I was told that the financing would help me pay it off. So I signed up. A couple of days later it hit me. I have a $2000 maximum per year for insurance so my cost more than doubled as I had already used some of my dental money for the year. I am sure the office knew this on my plan, but didn't remind me of that while I was on the vailum when everything sounded so good and helpful and I was very agreeable to anything. Then I inspected the interest free loan and it has a 26% interest rate if not paid off in a year. Can the oral surgeon allow you to make such decisions when he knows you are under medication? You can't drive under it, so why allow big decisions? Is there any recourse in a situation like this.

I would think that discussing this with a lawyer, there would be comments about the ability to make an informed consent, when medicated/sedated.

If there is no ability to make an informed consent, a contract may be null and void. So as stated you might want to discuss this with a lawyer.

For those that want to justify this behavior by the dentist, just surprises me.

 

[Zigner]

I would think that discussing this with a lawyer, there would be comments about the ability to make an informed consent, when medicated/sedated.

If there is no ability to make an informed consent, a contract may be null and void. So as stated you might want to discuss this with a lawyer.

For those that want to justify this behavior by the dentist, just surprises me.

It surprises me that you seem to think that the OP, who can recall the situation with full clarity and who explains that she was able to make a clear, rationale decision based on all the facts presented, has a case for lack of informed consent.

 

[tranquility]

This is called a voluntary intoxication and the level of intoxication required to void a contract made because of inability to contract is very high. The contract is almost assuredly good.

If the OP is thinking math in his head, consent to treat will be good too.

 

[barry1817]

It surprises me that you seem to think that the OP, who can recall the situation with full clarity and who explains that she was able to make a clear, rationale decision based on all the facts presented, has a case for lack of informed consent.

Having dealt with cases of informed consent, that were given to patients not in position to fully understanding them, and winning those cases, I take what the poster says, and interpret it with the scope of more than 30 years of dentistry under my belt, as a practition, as a lecturer, as an expert witness and as dentist that was accepted by the California Dental Board, as an expert witness for Dental Board hearings.

I think my credentials for an opinion are sound, and my record is sound.

 

[ecmst12]

The key seems to be that the sedative was self-administered, not administered by the dentist.

 

[Proserpina]

The key seems to be that the sedative was self-administered, not administered by the dentist.

Well, that and as far as I last checked NH was nowhere near California.

 

[barry1817]

dentistry and sedation

There are very interesting regulations on the books about sedation, and monitoring, that may vary from state to state, but in my state, a patient that is sedated needs to be monitored, and there are potential liabilities for sedating patients when they aren't under your supervision.

Wonder what the regulatons in this person's state requires, and then conversely if a dentist prescribes sedation, and allows that to take place outside his office if that falls belows the standard of care, and it would preclude monitoring of a patient that is sedated.

So the can of worms can get more interesting

 

[tranquility]

How so? Pretend two valiums is considered sedation and the dentist fell below the standard of care.

Now what? Does that invalidate the contract? Does that make the dentist have to do the work for free? What?

I'd say that could lead to a suit for malpractice. Now, what are the OPs damages?

 

[barry1817]

dentistry and sedation

How so? Pretend two valiums is considered sedation and the dentist fell below the standard of care.

Now what? Does that invalidate the contract? Does that make the dentist have to do the work for free? What?

I'd say that could lead to a suit for malpractice. Now, what are the OPs damages?

Oral sedation requires monitoring of the patient. We can pick hairs on this if you want, but it is a slippery slope that a health care professional may want to consider.

Prescribing a prescription medication, and advising the patient to take the medication prior to treatment, places the patient under the doctor's care.

As mentioned, the code section about this needs to be followed very exactly, because, yes, it can fall under the standard of care leaving a doctor/dentist with potential liablity issues to deal with.

 

[Zigner]

Oral sedation requires monitoring of the patient. We can pick hairs on this if you want, but it is a slippery slope that a health care professional may want to consider.

Prescribing a prescription medication, and advising the patient to take the medication prior to treatment, places the patient under the doctor's care.

As mentioned, the code section about this needs to be followed very exactly, because, yes, it can fall under the standard of care leaving a doctor/dentist with potential liablity issues to deal with.

So, tell us again how this would make the contract invalid?

 

[tranquility]

As mentioned, the code section about this needs to be followed very exactly, because, yes, it can fall under the standard of care leaving a doctor/dentist with potential liablity issues to deal with.

As I wrote:

Pretend two valiums is considered sedation and the dentist fell below the standard of care.

I accepted the premise the dentist committed malpractice. (For the sake of argument.)

How does that change THIS situation?

 

[nhrunna]

Just an update for interests sake:
I went back to the oral surgeon today, because I still had swelling and pain a week later from all the work he did. I politely mentioned that I wanted to note that while under the valium, I was told that having more surgery done on that day would save me money and that while filling out the forms I had been told my inursance would cover 70% of the surgery - so they knew my policy- but hadn't been reminded that it would almost be triple my yearly allottment (thus saving me no money at all, but costing me much more). First he said that he didn't know that I was on valium. I didn't argue even though I filled out a form on what medicine I was taking and then when they started the procedure an hour late, I asked them if they would call my wife and tell her to come pick me up later than planned because I couldn't drive due to the valium. During the surgery they referenced this a few times in conversation. He replied that he was very successful financially, wasn't a used car salesman, and didn't get involved with patient's finances (even though he kept telling me how getting the extra work done in one day-a new procedure-would save me money). Then to top it off he actually said to me, "Well, you can come back in and I will take out all the work I did on you and refund your money." He may be one of the most well regarded and successful dentists in my state, but this was a truly classless thing to say.