A 19-year-old man is suing a Greenwoods Dental Centre in Winnipeg, alleging several teeth were removed without his consent during a procedure two years ago.
According to a statement of claim filed last week in the Manitoba Court of King’s Bench, the man was 17 at the time of the Feb. 13, 2024 procedure. The lawsuit alleges assault, battery and negligence against dentist Vipulkumar Prajapati, anesthesiologist Donald Simonson, dental hygienist Kim Anas, clinic owner Dheeraj Kumar Mittal and two unnamed staff members. The professional corporations of Prajapati, Simonson and Mittal are also named as defendants.
The clinic is located on McPhillips Street.
The plaintiff, who is Indigenous and has autism spectrum disorder and learning disabilities, said he sought treatment in January 2024 for tooth pain. During a Feb. 1 consultation, Prajapati allegedly told him he required two root canals and a cleaning. The statement of claim says he agreed to those procedures and was assured no additional work would be done.
The lawsuit alleges the patient informed the dentist of an allergy to amoxicillin and penicillin and was promised those antibiotics would not be prescribed. Although a prescription was initially written for those drugs, a pharmacist later changed it, the claim states.
During the February procedure, however, the man alleges four molars were extracted without his consent. He further claims a tube was forced down his throat while he was not properly sedated and that he was administered amoxicillin during the five-hour surgery.
The statement of claim says he screamed in pain as his parents asked staff to stop. He maintains he never consented to the extractions and was not told they were necessary. The lawsuit also alleges the referral form was altered to indicate consent had been obtained.
In the days following the surgery, the man experienced vomiting, bleeding and severe pain. The claim alleges he suffered lasting physical and psychological harm, including panic, post-traumatic stress disorder, anxiety and depression, as well as setbacks in his education.
The family filed a complaint with the Manitoba Dental Association. According to the statement of claim, the association’s investigation found the dentist lacked consent to remove the molars, disregarded the patient’s antibiotic allergy, altered documentation and double-billed for an examination. The findings were not attached to the court filing.
CBC News has requested comment from the Manitoba Dental Association.
The plaintiff is seeking general, special, aggravated and punitive damages, as well as interest and legal costs. No specific dollar amount is listed.