Woman sues dentist for pulling wrong teeth

Nita Johnson, The Sentinel Echo, London, Ky.
·4 min read

May 22—A Laurel woman is suing a dentist for pulling the wrong teeth, then claims that her medical records were falsified to cover up the incident.

Teresa Black filed the lawsuit against William T. Petrey, DMD, Inc. and William Todd Petrey, DMD, on April 23 — claiming that due to Petrey's negligence, she suffered severe pain, mental anguish, emotional distress, additional medical expenses and loss of enjoyment of life.

The lawsuit claims that Black visited Dr. Petrey's office on April 6, 2023 for pain stemming from a broken tooth. She was scheduled for an extraction on April 22, 2023. Meanwhile, Black was prescribed Hydrocodone for pain. However, Black states in the lawsuit that she could not take Hydrocodone due to an allergy — which she said she told Petrey.

"She was unable to use said medication for pain relief and remained in pain prior to her appointment," the lawsuit claims.

Furthermore, Black claims she signed paperwork to have tooth #12 (broken tooth) and #3 (allegedly decayed) removed at the April 22 appointment. Instead, teeth #2 and #14 were extracted — one tooth which was allegedly healthy. That kept Black in pain from the broken tooth that still remained in her mouth, as well as from the extraction of the two extracted teeth. "As a result, she was unable to chew solid food for several months," the lawsuit continues.

The broken tooth then had additional decay, causing more pain and setting up an infection and further breakage. The lawsuit states that Black suffered "a significant deterioration in her quality of life, including but not limited to inability to eat due to pain, inability to sleep due to pain, and causing her severe anxiety."

Those issues caused further distress, resulting in Black going to Whitehouse Clinic in Berea in September, where she required dental surgery. That visit also disclosed that Black had a calcium buildup in her mouth, for which Petrey had not diagnosed nor treated. That required Black to have cleaning on both sides and to have additional dental interventions before the surgery.

Additionally, Black claims that the records from Petrey's office "shows an alteration in the consent form, with the teeth she consented to the extraction of teeth numbers 3 and 12, was crossed out and instead, teeth numbers 2 and 14 had been written in next to the crossed out teeth, suggesting an attempt to cover up the negligent extractions."

Black is suing on grounds of negligence and fraudulent concealment, and asking for damages for compensation for all injuries, punitive damages "for the Defendants' bad faith attempt to fraudulently conceal his negligence by altering the Plaintiff's medical records," for a jury trial, for costs and attorney fees and any other relief the Court feels she is entitled.

Petrey's attorney, Melanie S. Mars with Kinkead & Stilz of Lexington, filed an answer to Black's claims on May 13.

"The Plaintiff's complaint fails to state any claims upon which relief may be granted and should be dismissed with prejudice," opens the written response.

As to the claims that Black filed against Dr. Petrey, the response denies all allegations. It further states that Black's injuries/damages "came about by reason of an act or omission on the part of one other than the Defendant, that the claim exceeds the statute of limitations and that Black's injuries "if any, were the result of a superseding or intervening cause, or causes over which the Defendant had no control. It also states that Black "may have failed to exercise the requisite degree of care for her own health and safety," or "may have been the result of a pre-existing condition or a condition that was not diagnosable at the time of the Plaintiff's treatment."

The answer also states that Black's complaint "may have failed to properly mitigate damages," that Petrey "acted consistent with the standard of care required of him," that Black is not entitled to punitive damages under Kentucky law and the United States Constitution.

The final paragraph of Petrey's answer states that he "demand that the Complaint be dismissed and held for naught, for costs herein expended, reasonable attorneys' fees, trial by jury, and any and all other relief for which he may appear entitled."