Health & Wellness Dentist sued for extracting front teeth of 7-year-old in Cebu

Dentist sued for extracting front teeth of 7-year-old in 2003 - Yahoo! News Philippines

A DENTIST in Cebu City faces a suit that resulted from his alleged extraction of a seven-year-old boy’s permanent teeth in 2003.

Dr. John Sidney Ricamora was accused of reckless imprudence resulting in serious physical injuries by the parents of the boy. In his arraignment, the dentist pleaded not guilty.

A staff at the Regional Trial Court Branch 14 said the case against the dentist was slated for decision by Judge Raphael Yrastorza Sr. But it seems the dentist’s legal battle is far from over.

The Court of Appeals (CA) 20th Division ordered Yrastorza to allow the prosecution to present its key witness, another dentist who could confirm that the two front teeth that Ricamora allegedly pulled out were permanent ones.

“This witness could have shed light on the technical and medical aspects of the case,” read the decision of CA Associate Justice Gabriel Ingles.

The prosecution brought the case to the CA after Yrastorza denied the private prosecutor’s request to reset the presentation of Dr. Alan Gabato as witness.

Reset

On Oct. 9, 2009, lawyer Donato Gonzales, private prosecutor in the case, was supposed to present Gabato. But before the scheduled hearing, Gonzales asked the court for a postponement as he had to attend a convention in Palawan.

Judge Yrastorza denied Gonzales’ request and directed the private prosecutor to make a formal offer of evidence in 10 days. The defense, on the other hand, was given five days.

In its petition before the CA, prosecutors said the judge erred in ruling that the prosecution waived its right to formally offer its evidence.

In its ruling, the appellate court set aside Judge Yrastorza’s orders, saying the prosecution was deprived of presenting a crucial witness when the judge denied the motion for postponement.

It noted that the prosecution had presented only the testimonies of the boy and his parents.

Gaps

It said the judge should have given due “regard to substantial justice and not sacrifice it in favor of emphasis on procedural niceties.”

In 2003, the boy’s parents visited the Ricamora’s clinic and inquired about the gaps in their son’s upper front teeth.

Ricamora, after examination, advised to have the boy’s teeth X-rayed.

Based on the dental x-ray result, Ricamora concluded that the boy’s lateral teeth started to grow on both sides. He then advised the boy’s parents to have the child’s two front teeth extracted.

More than eight months later, however, the boy’s front teeth never appeared.

From other dentists, the parents found out that the boy’s permanent front teeth were missing.

Gabato, when shown the panoramic x-ray of the boy’s teeth, said the ones that were pulled out were permanent, not milk teeth.



This guy must be well traveled in the Philippines!