Patient files suit against dentist after losing teeth to infection

Published 5:00 am Saturday, March 21, 2009

A Bend woman has sued her former dentist claiming he misdiagnosed her condition, leaving her with an infection so bad that she lost two teeth and needed a bone graft to repair the damage.

JoAnn M. Allen filed the suit in Deschutes County Circuit Court saying Dr. James V. Bachman crowned an infected tooth in November 2007 then “repeatedly failed to return JoAnn’s phone calls” seeking treatment for severe pain. The suit, filed late last month, says Bachman finally saw Allen in January 2008 “as a pre-requisite to breast cancer reconstruction surgery” and told her she was experiencing inflammation around the tooth but it was not infected. The suit states he relayed this information to her surgeon and said there was no reason Allen could not undergo surgery.

Bachman denies the allegations but declined to comment further citing doctor-patient confidentiality.

Bachman, of Bend, was disciplined by the Oregon Board of Dentistry after Allen filed a complaint regarding her treatment. The Board of Dentistry Web site shows that Bachman agreed in December to submit to disciplinary action.

An order issued by the board in January states that Bachman did not properly evaluate the condition of Allen’s tooth and then failed to provide her with copies of her medical records after she made a written request for them.

Bachman agreed to pay Allen $1,050 in restitution, according to the board’s order.

The Web site also shows that, in his 14 years of practice, Bachman has never been disciplined by the board before. When contacted for comment, Bachman confirmed that no prior disciplinary action has been taken against him.

“As far as responding to the allegations, I don’t really know what to say because I’ve never come across this before,” he said.

Allen has a nonpublished number and her attorney, Bryan Gruetter, said he could not comment on the case.

Allen’s lawsuit states she initially sought treatment from Bachman in November 2007, when he put a permanent crown over what was later diagnosed as an infected tooth.

After Bachman cleared Allen for surgery, she sought treatment from another dentist, the complaint states, who started performing a root canal and “discovered a fracture and severe infection … that forced him to discontinue the root canal procedure.”

Allen was then referred to a specialist who pulled two of her teeth “because of the widespread infection that had been trapped in JoAnn’s deep tissue due to defendant Bachman’s negligence,” according to the suit.

The complaint states that Allen then had a cadaver bone grafted onto the affected area.

The suit also states that Allen suffered severe hives as a result of a medication reaction.

Allen is seeking $325,000 in damages for her medical costs and “physical pain, anxiety, embarrassment, inconvenience and interference with her daily activities.”

Allen’s complaint requests a jury trial. The case has been set for a pretrial conference in May.

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