Duvall Discipline Panel Decision (redacted) - College of Dental ...

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RK could see that some of the clinic staff was putting on their coats. She was very upset by
Dr. Duvall's conduct and attitude. When the freezing wore off she experienced worry and
pain. She was afraid to return to the clinic the next day, but did so five days later when Dr.
DH placed another temporary crown and a final crown several weeks later.
There is an entry in the chart dated February 12, 2007 made by the clinic manager
confirming RK’s complaint about what had occurred on February 7, 2007.
Dr. Penner referred to section 5.07 the Code of Ethics in force at the time: "The
primary consideration of members is the health and well-being of their patients.... Members
have an obligation to consult with and provide dental emergency treatment to any member of the
public, or, if they are unavailable, to make alternative arrangements ....A dental emergency
exists if a person needs immediate attention to relieve pain or control infection or bleeding or if a
person's health or well-being is otherwise immediately jeopardized "
He stated that in view of RK’s painful condition, her circumstances constituted an emergency
and Dr. Duvall should have treated her or made an alternative arrangement for her.
Dr. Duvall responded that when the patient returned "there was no operatory space or time
to see her particularly late at night and I also had several patients there. I was also under
pressure from the staff to close the office. "
The Panel is of the view that Dr. Duvall's failure to provide assistance to RK was a breach
of the Code of Ethics. His explanation that there was no operatory space available and that
he had patients is not credible. Further his response was inappropriate. It was his duty to
assist RK either by providing treatment or making an alternate arrangement for her. None of
the reasons he gave for refusing to assist her are acceptable in an emergency such as this.
The Panel further notes that when R K returned to the clinic, her mouth was still frozen.
It was an ideal time to re-cement or repair the temporary crown causing minimal further
discomfort and removing the risk of infection and pain that a delay in repair would cause.