Posted On: April 5, 2008 by Page Pate

Georgia dentist charged with assaulting patients while sedated

A dentist in Carrollton Georgia was indicted this week and charged with multiple counts of aggravated assault, battery and child cruelty. The indictment is based on allegations that he assaulted several of his patients during treatment. The Atlanta Journal Constitution has the story.

Apparently, the criminal investigation started when 8 of Dr. Austin's patients claimed that the dentist assaulted them while they were under sedation or undergoing dental procedures.

There is also a civil suit (there usually is) brought by one of the patients seeking money damages. Dr. Austin's Atlanta attorney, Matt Coles, denied the allegations but could not provide specific details about his client's treatment of this patient because of federal privacy laws.

As the son of a dentist, I know that everyone dreads sitting in the dental chair - many patients feel assaulted as soon as they hear the drill. But the allegations in this case go way beyond general discomfort. Hitting a patient in the face with a "large metal object" seems a little extreme, even for a dentist.

Patients claiming inappropriate treatment by their dentist or doctor is nothing new. Our firm has represented several physicians charged with misconduct relating to their patients. One of our clients was charged with sexually assaulting several patients during an examination. The case is still pending, but we believe the allegations have no merit and were made up just these patients could sue the doctor and try to make some money. In fact, one of the patients has already threatened to sue while the investigation is still pending.

Unfortunately, it seems that doctors will need to make sure they have a nurse or other assistant as a witness for every patient examination or treatment. Other than videotaping the exam rooms, that may be the only way to defend these allegations. Otherwise, almost all of these cases will end up in a "he said, she said" trial.

With one allegation, it's easy to defend. But Dr. Austin's defense lawyer may have his hands full if there are 8 similar allegations.

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