Michigan Dental Association Stops Illegal Practice Of Dentistry, Safeguards Public

Main Category: Dentistry
Also Included In: Litigation / Medical Malpractice
Article Date: 03 Oct 2008 - 5:00 PDT

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An Oakland County man has been stopped from illegally practicing dentistry, following a lawsuit filed by the Michigan Dental Association (MDA).

Oakland County Circuit Judge Daniel O'Brien issued a preliminary injunction October 1 against Everett VanDenEeden, doing business as Smile-Rite Denture Center. Under the court order, VanDenEeden is restrained from engaging in the unauthorized practice of dentistry.

Judge O'Brien ordered VanDenEeden to refrain from providing any consultation, treatment, or diagnosis of any dental disease or other conditions. VanDenEeden must also stop all advertising to the general public and cancel all telephone numbers associated with advertising his services. Further, he must inform the court of any patient cases in progress so that the patient can be directed to a licensed dentist for treatment.

The case was initiated when the MDA received complaints about VanDenEeden last year when he operated a similar business in southwest Michigan.

The MDA charged that VanDenEeden had been illegally practicing dentistry by diagnosing and fitting patients for dentures, which is illegal under Michigan law. Only licensed dentists may diagnose and treat patients.

Under Michigan law, dental laboratories may only fabricate dentures when prescribed by a licensed dentist.

Patrick McLain, from the MDA's legal firm Kerr, Russell and Weber, PLC, Detroit, brought the action on behalf of the MDA. McLain praised Judge O'Brien for his expeditious handling of the case. "Judge O'Brien reacted quickly when presented with a public safety issue. He made room on a very busy docket to address the matter within a few days of its filing. Such close judicial supervision is reserved for urgent matters such as this one," said McLain.

"The Michigan Dental Association strongly believes that the placement of a denture by a person other than a licensed dentist can open the way for irreversible damage to the patient's oral health," said Joanne Dawley, DDS, president of the MDA.

"The proper diagnosis, fabrication and placement of the denture is a total process that is a vital part of total health care. Oral health care requires monitoring through the lifetime of the patient, because the mouth continues to change as the patient ages. We are concerned that a patient can unknowingly be placed in danger when an untrained individual provides denture treatment," said Dawley.

"A dentist brings together an entire education background in the delivery of professional denture care."

Judge O'Brien has ordered a non-jury trial for February 2, 2009.

The MDA seeks to educate the public about oral health, provide educational materials and services to its members to enhance their ability to provide quality care, and to promote the science and art of dentistry. MDA members are also members of the American Dental Association and their local dental society. For more information about the MDA call (800) 589-2632 or log on to http://www.smilemichigan.com.

Michigan Dental Association

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