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DP v Aladdin
Dentists Disciplinary Tribunal, 14 March
2005
On 14 March 2005 the Dentists Disciplinary Tribunal heard a
charge against Dr Qusay Aladdin, pursuant to s 54(1) of the Dental
Act 1988. It was alleged either that Dr Aladdin was guilty of
professional misconduct, or that he was guilty of an act or
omission associated with the practice of dentistry that was or
could have been detrimental to the welfare of his patient. Dr
Aladdin did not appear to answer the charge.
The case concerned the care provided to his teenage patient,
Miss
Folaumoetui, between 1 June 2000 and 14 November 2001. It was
alleged that Dr Aladdin had identified treatment required in
certain teeth and then either failed to complete it or completed it
in a manner that did not meet professional standards. This resulted
in Miss Folaumoetui experiencing considerable pain and discomfort
in tooth 24, and later needing to have teeth 37 and 47
extracted.
The Tribunal reserved its decision, which was received on 22 April
2005. Of the eight particulars, one was found not to be proven,
while three proven particulars were found not to reach the
threshold for disciplinary sanction. However, the Tribunal was
satisfied that between 9 June 2000 and 25 October 2001, in the
course of providing root canal therapy to tooth 24, Dr Aladdin
failed to use a definitive long-term root canal filling and did not
replace the temporary filling that he had used in a timely manner.
Further, the root canals
were inadequately filled, the treatment plan was inadequately
formulated and communicated, and radiographs were either not taken
or not retained. In relation to tooth 47, it was found that having
identified in June 2000 that tooth 47 was carious and required
treatment, and again in October 2001 that the tooth had fractured,
Dr Aladdin did not ever provide any treatment to this tooth.
The Tribunal also found that on 9 June 2000 Dr Aladdin identified
that tooth 37 required treatment, but that he did not provide such
treatment between that day and 31 October 2001, or if he did in
fact fill the tooth, then the filling had not lasted sufficient
time. Therefore the treatment was not of an adequate
standard.
Finally, the documentation of Dr Aladdin's treatment of Miss
Folaumoetui was inadequate.
Pursuant to s 54(1)(b) of the Dental Act, each of these four
findings was held to amount to care that was or could have been
detrimental to Miss Folaumoetui's welfare, and that there was a
departure (which was in some cases "serious") from accepted
professional standards. Furthermore, the Tribunal found that when
the particulars of the deficient treatment were taken cumulatively,
Dr Aladdin's treatment fell below the accepted standard of
professional competence to such an extent that a finding of
professional misconduct under s 54(1)(c) was warranted. In its
penalty decision of 5 July 2005, the Tribunal suspended Dr
Aladdin's registration for three months from 1 September 2005,
censured him, fined him $5,000.00, and ordered him to pay costs of
30%.
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