‘Two for the price of one’: Overland Park oral surgeon removed wrong tooth, lawsuit says

An Overland Park man is suing his oral surgeon for allegedly removing the wrong tooth, according to documents filed in Johnson County District Court Monday.

The plaintiff, Robert Best, alleges he went to Kansas City Dental Implants for surgery in June 2021 to have just one impacted molar removed and replaced by an implant so a crown substitute could be made and installed in its place. Best received an injected anesthetic and nitrous oxide inhalant before the surgery.

During the operation, Best claims his doctor, Brent Newby, proceeded to remove the tooth right next to the one he needed extracted. After Newby had removed the incorrect tooth and placed the implant in the vacant spot, someone assisting with the surgery noticed the mistake, court documents state.

The person assisting Newby told him the patient’s chart showed the tooth next to the implant was affected, not the one that had just been removed. She allegedly questioned Newby about which tooth she should mark as being removed. At this point, Newby had already sutured the wound closed.

After a short conversation, Newby allegedly told Best he would begin a second surgery immediately on the correct tooth, telling Best he would “get two for the price of one.”

During Newby’s procedure, the implant put in was “unsuitable for use as a support for a replacement crown tooth,” according to the lawsuit. Best allegedly began to experience issues with the implant as a result.

Best claims he later had to have yet another surgery by a different surgeon. After a bone graft was performed at the site of the impacted tooth, Best finally received the proper implant. Court documents do not give the dates of Best’s subsequent procedures.

Best is suing Newby for negligence, saying the surgeon failed to follow his own treatment plan, which clearly outlined which tooth needed to be removed. The lawsuit states Newby is also negligent for not using a suitable implant in the vacant spot.

According to the lawsuit, Best incurred significant medical expenses, “pain, suffering, mental anguish, and permanent injury” as a result of Newby’s tooth mix-up.

Best is requesting $75,000 and other relief deemed appropriate by the court. He’s represented by attorney Ronald D. Marney II. A trial by jury has been requested.

Neither the plaintiff nor the defendant could be immediately reached for comment.