Winnipeg man sues dentist after teeth allegedly removed during ‘unauthorized surgery’

A man is suing a Winnipeg dental office and its staff after he says multiple teeth were knocked out without his consent during a procedure two years ago.

The man, who was 17 at the time of the alleged incident, claims several staff members at Greenwoods Dental Center on McPhillips Street committed assault, battery and negligence when they performed an “unauthorized surgical procedure,” according to a statement of claim filed in the Manitoba Court of King’s Bench last week.

The legal filing names dentist and dental surgeon Dr. Vipulkumar Prajapati, anesthesiologist Dr. Donald Simonson, dental hygienist Kim Anas, dental clinic owner Dr. Dheeraj Kumar Mittal and two unnamed staff members as accused. Separate companies Prajapati, Simonson and Mittal are also named in the suit.

The indigenous man, who has an autism spectrum disorder and learning disabilities, said he started experiencing tooth pain sometime in January 2024 and sought dental help from Prajapati shortly thereafter.

During a Feb. 1 meeting, the statement of claim says Prajapati told the man he needed two root canals and a dental cleaning. The man told Prajapati he was afraid of dentists and dental procedures, the document said.

Prajapati told the man the procedures were “medically necessary” and offered to anesthetize him. He was told no further procedures would be done, according to the claim.

The claim said the man is allergic to amoxicillin or penicillin and was promised he would not be given those antibiotics. Still, the claim said Prajapati wrote the man a prescription for amoxicillin and penicillin, which was later changed by a pharmacist before the procedure.

The man says he underwent “unauthorized medical and dental procedures” during an appointment on February 13.

The claim said the man had four molars removed and a tube down his throat while he was not properly drugged. He was also given amoxicillin during the procedure, according to the document.

The man screamed during and after the surgery — which lasted five hours — as his parents begged the dental and medical staff to stop, the claim said.

The man had consented to the root canals, but did not consent to the removals, the claim said. His consent was not sought, nor was he given an explanation as to why the removals were necessary.

It claims Prajapati altered the referral form to misrepresent that the man had consented.

The man did not receive the procedure he entered for, according to the claim.

In the days following the procedure, the man vomited, bled and cried in pain, having suffered “significant and lasting physical and mental trauma” from the surgery, according to the statement of claim.

His family filed a complaint with the Manitoba Dental Association after the surgery. The claim says the investigation — which was not included in the legal filing — found Prajapati did not have consent to remove the molars, ignored the man’s antibiotic allergies, falsified the referral form and billed the man twice for an exam.

CBC News has reached out to the Manitoba Dental Association for comment.

More than two dozen damages are listed in the man’s claim, including: the loss of four molars; panic disorder and post-traumatic stress disorder. bruises on the head, neck and jaw. worsening mental and/or cognitive disabilities; reduced ability to participate in school education. and anxiety, depression and psychological trauma.

“[The man] has suffered loss, harm and damage to his health, welfare, education and employment, due to the willful, outrageous and disgraceful conduct of the defendants,” the claim states.

The man says the defendants owed him a duty of care, breaching their duty to him as their patient and acting with “frank contempt” towards him.

It seeks general damages, special damages, punitive damages, punitive damages, prejudgment and postjudgment interest, court costs, among other claims. A particular set was not included in the claim.