A Brandon dentist has filed a $10 million lawsuit against the state dental board alleging he is a target for disciplinary action because he runs television advertising of his dental service.
Jon Germany filed the lawsuit last week in federal court in Jackson against the executive director and members of the Mississippi State Board of Dental Examiners.
The dental board hadn’t responded to a request for comment late Tuesday.
Germany’s lawsuit comes after the board initiated disciplinary action against him and is recommending a 90-day suspension, according to his lawsuit.
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Germany said the disciplinary action is based on a complaint by an 84 year-old patient who said Germany became angry when she wouldn’t accept his recommended treatment plan.
Brandon dentist files lawsuit against state dental board. (Photo: photos.com)
She said Germany allowed a dental assistant to take an impression of her mouth, which he said isn’t unlawful, and billed her insurance for cleaning that wasn’t performed. If the billing occurred for the cleaning, it was a simple clerical error, Germany said in the lawsuit.
The board accuses Germany of unethical conduct. The dentist said the disciplinary action involves one crown, on one patient, and two dates of treatment in September and October 2018.
“The Board has proposed a 90-day suspension, which leads one to believe Dr. Germany is indeed a target of collective animosity and restraint of trade,” Germany’s lawsuit says.
Germany has had two previous board disciplinary cases including one saying he violated advertising rules by not stating in the advertising he was a general dentist.
Germany’s lawsuit says he has good faith believe the board is targeting him because of his widespread television advertising in order to try to stop or reduce his advertising.
“Various board members have expressed a great dislike for such advertising and are attempting to chill the plaintiff (and other licensees) into ceasing his advertising,” according to his lawsuit…””They clearly threaten and discourage the plaintiff from his rights to commercial free speech.”
But Tiffany Vaughan, deputy director of Board of Dental Examiners, listed in the four count complaint against Germany the following:
- That he was guilty of practicing incompetently or negligently.
- That he was guilty of delegating professional responsibilities to a person not qualified.
- That he was guilty of unprofessional conduct.
- That he was guilty of violating rules and regulations by allowing an auxiliary personnel to take impressions for restoration, repair or replacement of any natural or artificial teeth.
And that he violated rules by recommending unnecessary dental services or procedures.
Contact Jimmie E. Gates at 601-961-7212 or [email protected] Follow @jgatesnews on Twitter.
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