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Lawsuit Alleges Toddler’s Wrongful Death Was Part of Medicaid Scheme


— March 3, 2017

For the parents of a 14-month-old girl, a simple trip to the dentist cost their child her life. Now, the girl’s family is suing Austin Children’s Dentistry, including their daughter’s dentist, the dental practice, the anesthesiologist and the company he works for, Texas Anesthesiology Association, for the wrongful death of their daughter. But what happened? How did the girl, Daisy Lynn Torres, die at the dentist office? Well, according to the Medical Examiner’s Office, she tragically passed away back on March 29, 2016, as a “result of anesthesia administered for the treatment of tooth decay.”


For the parents of a 14-month-old girl, a simple trip to the dentist cost their child her life. Now, the girl’s family is suing Austin Children’s Dentistry, including their daughter’s dentist, the dental practice, the anesthesiologist and the company he works for, Texas Anesthesiology Association, for the wrongful death of their daughter. But what happened? How did the girl, Daisy Lynn Torres, die at the dentist office? Well, according to the Medical Examiner’s Office, she tragically passed away back on March 29, 2016, as a “result of anesthesia administered for the treatment of tooth decay.”

When the family first arrived for treatment that fateful day, they had no reason to suspect that their worst nightmare would be realized. They thought their daughter was just going in for some routine cavity fillings after their daughter’s dentist, Dr. Michael Melanson, revealed that Daisy had six cavities that needed to be filled. Because of the extent of the work that needed to be done, Dr. David Williams was there “as the mobile anesthesiologist with Texan Anesthesiology.” However, according to the lawsuit, “Dr. Williams did not describe or explain the procedure that would be performed,” and for something as routine as cavity fillings, some wonder if the procedure was more extensive than it had to be.

According to Robert Williams, a forensic odontologist, “one can only speculate as to why any treatment was performed considering no indication of dental disease or pathology was seen in the dental radiographs (x-rays) in the dental visit dated 03/29/2016.” Speculations like these have prompted claims that the child’s death was “part of a corporate scheme to bill Medicaid for unnecessary dental procedures,” which is a big reason why the Torres family is suing for $1 million, and they hope their lawsuit “will protect other children from the dangers of pediatric predators and their money-making schemes.”

Wait, what does Medicaid have to do with the Torres family and the situation as a whole? It’s simple. The family was on Medicaid at the time. Unfortunately, Medicaid recipients are often targets of shady schemes. According to Breen, with Howry Breen & Herman, “a big component of people that use Medicaid happens to be people who are low income and sometimes not as formally educated as others and they make for very good targets because they are trusting.” The Torres family trusted their daughter’s dentist and the practice. They trusted Austin Children’s Dentistry. Unfortunately, as the lawsuit alleges, they were taken advantage of and their daughter paid the ultimate price because of it.

Medicaid Fraud; Image Courtesy of Pondera Solutions, http://ponderasolutions.com/

But this isn’t the first time Austin Children’s Dentistry has been accused of subjecting children to unnecessary dental work. According to Breen, other families have stepped forward with complaints about the practice. He said, fortunately, “people are now noticing, they are asking questions and we’ve talked to several families who instead of trusting implicitly, a provider, have decided to get a second opinion.”

For now, the lawsuit filed by the Torres family has resulted in the indefinite suspension of Dr. Melanson. However, with the investigation still underway by the Texas State Board of Dental Examiners, “neither the dentist or the anesthesiologist involved have been disciplined by the state medical or dental boards and the Attorney General’s Office could not confirm whether their Medicaid Fraud Unit is investigating.”

As for Daisy’s parents, they hope that their story will “bring awareness and hopefully save other children’s lives.” In a statement from the family, Daisy’s father said: “there are procedures going on every single day. We want parents to know that they have a right to ask questions, they have a right to get a second opinion if they have a doubt.”

Sources:

Lawsuit: Toddler’s Death During Dental Work Was Part Of Medicaid Scheme

Lawsuit Claims Toddler’s Fatal Dental Procedure Was Part Of Medicaid Billing Scheme

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