Devon Washick-Ortega has filed a lawsuit against her dentist, alleging medical malpractice and battery after a series of dental procedures left her in severe discomfort and emotional distress. The complaint was lodged by Burke Hansen at the Superior Court of California, County of San Francisco, on September 23, 2024, targeting Dr. Kirk Pasquinelli and his practice.
The case revolves around a dental implant procedure that began on June 16, 2021, when Washick-Ortega sought treatment for a reimplanted avulsed tooth that had been rejected by her body. Despite initial concerns about the viability of the site due to bone deterioration, Dr. Pasquinelli proceeded with an implant process that resulted in multiple infections and ultimately failed. According to the complaint, Washick-Ortega was subjected to a non-consensual procedure on October 2, 2023, while under heavy sedation and without her glasses, which she needed to read any consent forms. This procedure involved burying a failed implant post without proper informed consent—a move described as "medical battery" by Washick-Ortega's attorney.
The lawsuit details how the ordeal has severely impacted Washick-Ortega's life. She claims to have spent over $21,000 on treatments at Dr. Pasquinelli's office but ended up worse off than before. The plaintiff alleges ongoing physical pain from wearing an uncomfortable retainer required due to the failed implant and significant emotional distress impacting her social life and self-esteem. Her attorney argues that these actions were not only negligent but also intentional violations of professional ethics as defined by both the American Dental Association (ADA) and California Dental Association (CDA).
Washick-Ortega is seeking special and general damages for her suffering, punitive damages for what she describes as intentional misconduct by Dr. Pasquinelli, as well as coverage for legal costs incurred during this process. The complaint emphasizes that there is no cap on pain and suffering in cases of medical battery under current California law.
Representing Devon Washick-Ortega is attorney Burke Hansen from The Law Offices of Burke Hansen in San Francisco. The case is being heard in front of Judge Sahar Enayati under Case No.: CGC-24-618536.