Dentists not allowing husband/fiance in room while sedated during wisdom teeth removal

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What is the "ruling" on dentists allowing or not allowing family members in the room while sedated when getting wisdom teeth removed? I am a female going in for oral surgery and I want my fiance in the room with me while sedated. I've heard of claims where patients have been sexually abused while sedated & I'm most definitely more comfortable having my fiance in there during the procedure. The surgeons in town have told me they will not allow it. My fiance was in the room with his sister in GA while she underwent oral surgery. Is there a different law in NC? If not, how can I get my dentist to allow a family in the room?! I mostly fear for my safety... The offices have told me anywhere from "space issues" to hipaa violations. But if I am consenting them to be there, how is it violation??

Attorney Answers

6
Bruce Allen ·
The reason you want to have your fiancé present is reasonable. I cannot imagine why this dentist will not accommodate your request. The apprehension of assault while sedated is real and occurs in all jurisdictions more often than I would like to believe. Most medical board complaints are about sex with patients and substance abuse. Simply find a dentist that will accommodate your request. I might also add that going under a general anesthesia has more risk than a local anesthesia.
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Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Your concerns are not ill founded. We just had a local oral surgeon convicted of groping patients for years here in Vermont. There is no HIPAA concern, if you consent to the person being present. What the surgeon probably does not want is a witness. I suggest that you contact other dentists or oral surgeons until you find one who permits your fiancée or family member to accompany you. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Marcus Hayes ·
If you require your fiance to be in the room during your procedure, you will have to find a oral surgeon that has no objection to that. There is nothing the requires them to allow a 3rd person in the room. I do not believe you will find a surgeon that will allow that - the motivation is for their protection from a med mal claim, more than anything else. If you are concerned about sexual abuse, I suggest you contact the dental board to see if any such claims have been made against your surgeon.
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James Faucher ·
I do not think you are going to have any success forcing a surgeon to allow your fiancé/husband to be in the room during a surgical procedure if the surgeon does not want him there. If this is something you are going to insist on, you will need to look for a surgeon who will agree to this.
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Jeffrey Adams ·
Perhaps it would be best for you to have the procedure done in GA. Good luck.
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