Professional Negligence Law Reporter

Doe, 2, underwent a dental extraction procedure performed by Roe dentist and Roe anesthesiologist. During the initial phase of the administration of general anesthesia, Doe began to wheeze. The dentist later removed four teeth. As Doe began to wake from the anesthesia, however, he experienced significant oxygen desaturation, and his breathing became compromised. His respiratory rate increased, and his heart rate was recorded at 138 beats per minute.

The anesthesiologist allegedly began bag-mask assisted ventilations in an attempt to resuscitate Doe. The dentist allegedly suggested intubating the child; however, the anesthesiologist allegedly refused. An emergency medical team arrived and transported Doe to a local hospital, where he was intubated and stabilized before being transferred to another facility. There, his condition worsened, and he suffered brain death. Doe is survived by his parents and three older siblings.

Doe’s mother, on behalf of his estate, sued the dentist, alleging failure to obtain informed consent and timely call for emergency medical services when Doe’s oxygen saturations dropped to dangerous levels. Suit also alleged the anesthesiologist had failed to obtain informed consent, timely intubate Doe, and call for prompt emergency medical services. The plaintiff claimed that she and Doe’s father had not consented to the general anesthesia and that the dentist had failed to note baseline data for Doe’s oxygen saturation, respiratory, or heart rates before the procedure.

The parties settled at mediation for approximately $1 million.

Citation: Doe v. Roe Dentist, Confidential Dkt. No. (Va. Confidential Ct. Mar. 25, 2021).

Plaintiff counsel: AAJ members T. Daniel Frith III, Lauren M. Ellerman, and Thomas (Bo) Frith IV, all of Roanoke, Va.