Family Of Toddler Who Died During Medical Procedure Sues North Austin Dentist

NORTH AUSTIN, TX — The parents of a toddler who died during what was supposed to be a routine filling of cavities has filed a wrongful death lawsuit that claims the procedure was unnecessary and merely an attempt to "line the pockets" of the dentist, according to a published report on Wednesday.

Daisy Lynn Torres, who was 14 months old at the time, died at the North Austin Medical Center last March some two hours after emergency personnel were called to the dental office Austin Children's Dentistry at 12501 Hymeadow Drive.

The parents allege the procedure was driven by an attempt to capture the Medicaid funds for reimbursement rather than to provide a necessary procedure, the Austin American-Statesman reported. Dental records are used to make that assertion, according to the report.

According to the lawsuit filed in Travis County district court Tuesday, Torres was taken to the dentist to have two cavities filled by Michael Melanson, the Statesman reported. The little girl was accompanied by her mother, Betty Squire, who was told the girl needed to be treated with anesthesia as part of the procedure, according to the suit.

Related story: Little Girl Dies After Procedure At North Austin Dental Clinic

The mother asked to be with her daughter during the dental procedure but was told to stay in the waiting room, according to details outlined in the litigation.

“After (Torres) was under, Melanson came out and indicated to her mother that for Daisy’s well-being, he needed to perform multiple pulpotomies, or baby root canals, and then place crowns on four of her eight total teeth — baby teeth,” while assuring the procedure was routine and necessary, according to the suit referenced by the newspaper.

But at some point during the procedure, the little girl's heart and breathing stopped, according to the lawsuit.

The parents allege the dental procedure was done because it was covered by Medicaid rather than to ward off disease, citing dental radiographs taken of their daughter's death. The dentist last year sued the forensic dentist who determined the procedure was unnecessary in contrast to his claims.

The family now seeks $1 million in damages. The dentist's office did not return a call for comment from the Statesman, the newspaper reported.

“Daisy was a happy baby full of life,” Jessica Castaneda, the girl's aunt, told the Statesman in a previous interview. “She had just celebrated Easter with her family. She went to the dentist. Then her mother called me and asked me to pray because something went wrong and they were taking her to the hospital. Next thing we know, we’re planning funeral arrangements.”

The girl's family created a GoFundMe fundraiser to help defray funeral costs and related expenses. The drive raised $7,255 of a $10,000 goal.

>>> Read the full story at Austin American-Statesman

Photo via GoFundMe