Houston Chronicle

Dentist indicted in case of child’s brain damage

Sedated girl was allowed ‘to wither away for hours,’ prosecutor­s say

- By Andrew Kragie

A former dentist accused of leaving a 4-year-old patient with permanent brain damage from lack of oxygen is indicted on a felony charge of seriously injuring a child at what officials said was a “dental mill.”

A former Houston dentist was formally charged Monday with failing to properly treat a sedated 4-year-old patient who was left with permanent brain damage in what should have been a routine procedure.

Bethaniel Jefferson, 40, who lost her license to practice in Texas in November, was indicted by a Harris County grand jury on a felony charge of causing serious bodily injury to a child by omission, according to the district attorney’s office.

The child’s mother, Courissa Clark, said she was “overjoyed” when she heard the news.

“We’re really grateful that justice has been served and the person that did this to our baby is finally being brought to justice,” Clark told the Chronicle.

Her lawyer said the young mother now balances work with caring for her disabled daughter, Nevaeh Hall.

“When little Nevaeh was taken to the dentist that day, (her parents) turned her over to the dentist trusting that the dentist would protect and look after their little girl,” said attorney James Moriarty. “But she overdosed her on sedatives.”

Nevaeh was sedated at the Diamond Dental office about 8:30 a.m. Jan. 7, 2016. Three hours later, the child suffered a seizure, and her oxygen level and temperatur­e fell dramatical­ly, according to a statement released by the Harris County District Attorney’s Office.

Prosecutor­s said it took more than four hours before anyone called for medical assistance.

Clark told the Chronicle last year that Nevaeh was a healthy and rambunctio­us girl before the brain damage left her unable to walk, talk or respond to instructio­ns.

Jefferson could not be reached for comment, and court records did not list an attorney who could speak on her behalf.

Jefferson was reprimande­d by the Texas Board of Dental Examiners in 2005 and 2012, prosecutor­s said. The board revoked her license in November after a state administra­tive judge ruled that she “fell below the minimum standard of care, failed to uphold the duty of fair dealing and committed dishonorab­le

conduct when providing dental care.”

A Chronicle investigat­ion last year cast a spotlight on Medicaid dental clinics that had flourished through treatment of pediatric patients whose lowincome families qualified for government assistance.

Medicaid dental claims in Texas quintupled between 2005 and 2015 to $1 billion a year after the state doubled reimbursem­ent rates in 2007.

The reimbursem­ent system rewards dentists who perform multiple procedures, leading to allegation­s that clinics rush children through serious treatments to claim more government money. The U.S. Department of Health and Human Services reported last year that it had 160 ongoing investigat­ions into Medicaid dental fraud in Texas, far more than any other state.

Jefferson now faces trial on a first-degree felony charge.

“This indictment should send a message to the medical community that they will be held accountabl­e for abandoning their patients in times of crisis,” prosecutor Stan Clark with the Texas attorney general’s Medicare fraud unit said in the statement. “While accidents in the health care industry occur more than everyone would prefer, practition­ers must react appropriat­ely and contact higher level medical care providers when they realize their patient is distressed beyond their capabiliti­es.

“Intentiona­lly allowing a patient to wither away for hours after suffering from a seizure and severely depressed oxygen levels is a criminal derelictio­n of duty owed to the patient.”

 ?? Jon Shapley / Houston Chronicle file ?? Courissa Clark essentiall­y lived in a rehabilita­tion hospital for three month last year, providing care for her daughter Nevaeh Hall, who suffered brain damage during a dental procedure.
Jon Shapley / Houston Chronicle file Courissa Clark essentiall­y lived in a rehabilita­tion hospital for three month last year, providing care for her daughter Nevaeh Hall, who suffered brain damage during a dental procedure.

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