Anand 4-21 Nov 2014 Idrc3 (Final

8/8/2019 Anand 4-21 Nov 2014 Idrc3 (Final

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GENERAL DENTAL COUNCIL

AND

ANAND, Tapeshwar

[Registration number: 76522]

NOTICE OF INQUIRY

SUBSTANTIVE HEARING

Notice that an inquiry will be conducted by a Practice Committee of the General DentalCouncil, at:

The International Dispute Resolution Centre Ltd.70 Fleet StreetLONDON, EC4Y 1EU

Commencing at 10.00am on Tuesday 4 November 2014.

The charges contained within this sheet are current at the date of publication. They aresubject to amendments at any time before or during the hearing. For the final charges,findings of fact and determination against the registrant,

please visit the Recent Hearings page at www.gdc-uk.org after this hearing has finished.

Committee Members: Paul Wright (Dentist) (Chair)

Patrick Kilker (Dentist)

Kay Whittle (Lay)Vicki Harris (Lay)

Pippa Stewart (DCP)

Legal Adviser: Douglas Readings

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http://www.gdc-uk.org/http://www.gdc-uk.org/http://www.gdc-uk.org/http://www.gdc-uk.org/


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CHARGE

Tapeshwar ANAND, a dentist, registered as of The Dental Implant Centre, 61 HarleyStreet, London, W1G 8QU; BDS Lond 1999 is summoned to appear before theProfessional Conduct Committee on 4 November 2014 for an inquiry into the followingcharge:

“That, being a registered dentist, you provided or offered to provide treatment to thepatients listed below, and -

Patient A

1. You did not obtain patient A’s informed consent before changing his proposed systemof treatment from Invisalign to Orthocaps;

2. You did not provide patient A with full and accurate information about the reasons for

the delay to his treatment, and in particular:a. you caused or allowed an email to be drafted for sending to patient A dated 14

November 2012, which implied that an order had been placed with Invisalignwho had asked for further information, when this was not the case;

b. you caused or allowed an email to be sent to patient A on 22 February 2013which stated that Orthocaps had requested further information, when this wasnot the case.

3. In a letter to the GDC dated 26 March 2013, you stated:

a. “I discussed by email the option of [patient A] having Orthocaps removablebrace treatment, to which he agreed to having”, when that was not the case.

b. “[patient A] was notified … on numerous occasions” that you had been trying toacquire a letter from the patient’s dentist prior to submitting an order to Invisalignor Orthocaps, when that was not the case.

4. Your conduct was misleading in relation to allegation:

a. 2.a; and/or

b. 2.b; and/or

c. 3.a; and/or

d. 3.b.

5. Your conduct was dishonest in relation to allegation:

a. 2.a; and/or

b. 2.b; and/or

c. 3.a; and/or

d. 3.b.

6. You did not commence and/or complete Invisalign and/or Orthocaps treatment forpatient A in a timely manner.

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Patient B

7. You did not keep patient B informed of the reasons for the delay in the provision of histreatment;

8.

You did not commence and/or complete Invisalign treatment for patient B in a timelymanner.

Patient C

9. You did not obtain patient C’s informed consent before changing her proposed systemof treatment from Invisalign 3G to 4G;

10. You did not provide patient C:

a. with full and accurate information about the reasons for the delay to hertreatment; and/or

b. in particular, you caused or allowed an email to be sent to patient C on 29 August 2012 which stated that the delays to her treatment were due to a changefrom 3G to 4G Invisalign treatment, when this was not the case.

11. Your conduct was misleading in relation to allegation 10;

12. Your conduct was dishonest in relation to allegation 10;

13. You did not commence and/or complete Invisalign treatment for patient C in a timelymanner;

14. You did not provide a refund in respect of uncompleted treatment within a reasonabletime.

Patient D

15. You did not adequately record:

a. A general dental examination; and/or

b. An orthodontic clinical assessment; and/or

c. A radiographic report; and/or

d. Pre-treatment models or their equivalent.

16. You did not obtain patient D’s informed consent before changing her proposedsystem of treatment from Invisalign 3G to 4G;

17. You did not provide patient D:


b. in particular, informed her that the delays to her treatment were caused bynew technology, which would shorten her treatment, when this was not thecase.


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20. You did not commence and/or complete Invisalign treatment for patient D in atimely manner;

21. You did not provide a refund in respect of uncompleted treatment within areasonable time.

Patient E

22. You did not provide patient E:


b. in particular, you told her on 4 September 2012 that the delays to her treatmentwere due to a change from 3G to 4G Invisalign treatment, when this was not thecase.

23. Your conduct was misleading in relation to allegation 22b;

24. Your conduct was dishonest in relation to allegation 22b;

25. You did not commence and/or complete Invisalign treatment for patient E in a timelymanner;


Patient F

27. You did not provide patient F with:

a. full and accurate information about the reasons for the delay to his treatment;and/or

b. in particular, you told him on 21 August 2012 that the delay was due toInvisalign introducing a new system of treatment that would halve the treatmenttime, when the same was not the case.



30. You did not commence and/or complete Invisalign treatment for patient F in a timely

manner;


Patient G

32. You did not provide patient G with:

a. full and accurate information about the reasons for the delay to her treatment;

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and/or

b. in particular you told her on 5 October 2012 by email that the delay was due toInvisalign introducing a new system of treatment that reduce halve the treatmenttime, when the same was not the case.



35. You did not commence and/or complete Invisalign treatment for patient G in a timelymanner;


Patient H

37. You did not provide patient H with:

a. full and accurate information about the reasons for the delay to her treatment;and/or

b. in particular you told her on 21 August 2012 by email that the delay was due toInvisalign introducing a new system of treatment that would reduce thetreatment time, when the same was not the case.



40. You did not commence and/or complete Invisalign treatment for patient H in a timelymanner;

41. You did not provide a refund in respect of uncompleted treatment within a reasonable

time.

Patient I

42. You did not provide patient I with:

a. full and accurate information about the reasons for the delay to his treatment;and/or

b. in particular you told him on 2 July 2012 that the delay was due to Invisalignintroducing a new system of treatment, when the same was not the case.

43. You did not communicate with the patient’s general dental practitioner when decidingand advising on treatment;



46. You did not commence and/or complete Invisalign treatment for patient I in a timelymanner;


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Patient J

48. You did not carry out any or any adequate orthodontic clinical assessment before

advising on and/or planning treatment;49. You did not discuss with the patient all options for treatment, including no

treatment;

50. You did not obtain patient J’s informed consent before changing her proposedsystem of treatment from Invisalign 3G to 4G:


a. An orthodontic clinical assessment; and/or

b. Pre-treatment models or their equivalent.

52. You did not provide patient J with:

a. full and accurate information about the reasons for the delay to hertreatment; and/or

b. in particular you told her via email on 18 July 2012 that the delay was due toInvisalign introducing a new system of treatment, when the same was not thecase.

53. You did not communicate with the patient’s general dental practitioner whendeciding and advising on treatment;



56. You did not commence and/or complete Invisalign treatment for patient J in a

timely manner.

Patient K

57. You did not provide patient K with:


b. in particular you told her on 15 August 2012 that the delay was due to Invisalignintroducing a new system of treatment, which had only just become available,

and would reduce the treatment time, when the same was not the case.



60. You did not commence and/or complete Invisalign treatment for patient K in a timelymanner;


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Patient L

62. You did not carry out any or any adequate orthodontic clinical assessment beforeadvising on and/or planning treatment;

63.

You did not discuss with the patient all options for treatment, including no treatment;64. You did not:

a. Discuss with patient L the risks of treatment; and/or

b. Provide patient L with written information about all the risks of treatment.


a. A general dental health assessment; and/or


c. Pre-treatment models or their equivalent.

66. You did not obtain patient L’s informed consent before changing her proposed systemof treatment from Invisalign 3G to 4G.

67. You did not provide patient L with:


b. in particular you caused or allowed her to be told her by email dated 21st August2012 that the delay was due to Invisalign introducing a new system of treatment,which had only just become available, and would reduce the treatment time,when the same was not the case.



70. You did not commence and/or complete Invisalign treatment for patient L in a timelymanner;


Patient N

72. You did not provide patient N with:


b. in particular you told patient N on 5 November 2012 that the delay was due toInvisalign introducing a new system of treatment (G4) when the same was notthe case.



75. You did not commence and/or complete Invisalign treatment for patient N in a timely

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manner;


Patient O

77. You did not carry out any or any adequate general dental examination;


79. You did not:

a. Discuss with patient O all the risks of treatment; and/or

b. Provide patient O with written information about all the risks of treatment.






Patient P



83. You did not take a radiograph before advising and prescribing Invisalign treatment;

84. You did not diagnose and/ or treat patient P’s pre-existing dental disease beforeembarking on Invisalign treatment;

85. You did not:

a. Discuss with patient P all the risks of treatment; and/or

b. Provide patient P with written information about all the risks of treatment.





Patient Q


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89. You did not take a radiograph before advising and prescribing Invisalign treatment;

90. You did not discuss with the patient Q all options for treatment, including no treatment;

91.

You did not discuss with the patient the need to treat the crossbite, and that otherforms of treatment might be better at achieving this;

92. You did not:

a. Discuss with patient Q all the risks of treatment; and/or

b. Provide patient Q with written information about all the risks of treatment.





Patient R



96. You did not discuss with the patient all options for treatment, including no treatment;

97. You did not:

a. Discuss with patient R all the risks of treatment; and/orb. Provide patient R with written information about all the risks of treatment.






99. You did not communicate with the patient’s general dental practitioner when decidingand advising on treatment;


Patient S


102. You did not carry out any or any adequate orthodontic clinical assessment before

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advising on and/or planning treatment;

103. You did not discuss with the patient all options for treatment, including no treatment;

104. You did not:

a. Discuss with patient S all the risks of treatment; and/or

b. Provide patient S with written information about all the risks of treatment.






106. You told patient S that you were an orthodontist, when that was not the case;


108. Your conduct was dishonest in relation to allegation 106.

Patient T



111. You did not discuss with patient T all options for treatment, including no treatment;

112. You did not:

a. Discuss with patient s all the risks of treatment; and/or

b. Provide patient T with written information about all the risks of treatment.

113. You proceeded to commence orthodontic treatment before performing fillings whichwere required;






Patient U

115. You did not provide patient U with full and accurate information about the reasons forthe delay in his treatment;

116. On 28 September 2012 you informed patient U that the delays to his treatment weredue to:

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a. a backlog of orders at Invisalign, when that was not the case; and/or

b. a change in treatment plan to generation 4, when that was not the case.

117. You did not obtain patient U’s informed consent before changing his proposed systemof treatment from Orthocaps to SmartTrack Invisalign;

118.

On 4 March 2013 you sent an email to patient U stating that:a. you had persuaded Invisalign to issue a new Smart Trax aligner system which

had only been launched last week and would not be available to patients in theUK until July, which was not the case;

b. that you had taken impressions from patient U for Orthocaps “just in caseInvisalign would not agree”, which was not the case.


a. 116a; and/or

b. 116b; and/or

c. 118a; and/or

d. 118b.


a. 116a; and/or

b. 116b; and/or

c. 118a; and/or

d. 118b.

121. You did not commence and/or complete Invisalign and/or Orthocaps treatment forpatient U in a timely manner.

Patient V

122. You did not provide patient V with full and accurate information about the reasonsfor the delay in her treatment.

123. You caused or allowed patient V repeatedly to be given information by staff at theclinic which implied that the delays in the provision of her aligners were caused byfailures of Invisalign to ship the same, when this was not the case.

124. Your conduct was misleading in relation to allegation 123.


126. You did not commence and/or complete Invisalign treatment for patient V in atimely manner.


Patient W

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128. You did not provide patient W with:

a. full and accurate information about the reasons for the delay in hertreatment;

b. a full response to her letter dated 11 March 2013.

129.

You did not provide a refund in respect of uncompleted treatment within areasonable time.

Patient X

130. You did not commence and/or complete Invisalign treatment for patient X in atimely manner;


Patient Y

132. You did not inform the patient that you were, at the material time, unable toperform Invisalign treatment;



Patient Z

135. You did not obtain patient Z’s informed consent before changing her proposedsystem of treatment from Invisalign to Orthocaps;

136. You caused or allowed patient Z to be told by email dated 2 April 2013 that youhad submitted all the necessary information and instructions regarding patient Z’streatment to Orthocaps, when this was not the case;

137. You caused or allowed patient Z to be told by email dated 23 May 2013 that thechange of treatment from Invisalign to Orthocaps was a “clinical decision” becauseOrthocaps was “technically…better”, when this was not the true reason for thechange;



140. You did not commence and/or complete Invisalign and/or Orthocaps treatment forpatient Z in a timely manner;


Patient AA

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142. You did not inform patient AA, and/or ensure that she understood, that you wereintending to supply Orthocaps treatment, rather than the Invisalign treatment thatshe had requested;

143. You did not inform patient AA that you did not then have a contract to supply

Invisalign treatment;

144. Your conduct was misleading in respect of allegation:

a. 142; and/or

b. 143.

145. Your conduct was dishonest in respect of allegation:

a. 142; and/or

b. 143.

146. You did not commence and/or complete Invisalign and/or Orthocaps treatment forpatient AA in a timely manner;


Patient AB

148. You did not provide patient AB with:

a. full and accurate information about the reasons for the delay to hertreatment; and/or in particular

b. you caused or allowed patient AB to be told by email dated 8 May 2013 thatthe delays in treatment were caused by the “treatment planning time” beinglong, when this was not the case.



151. You did not commence and/or complete Invisalign treatment for patient AB in atimely manner;


Patient AC

153. You did not provide patient AC with:


b. you caused or allowed patient AC to be told by email dated 10 May 2013 thatthe treatment was in the planning stage, and that a delay was therebyanticipated, when this was not the case.

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154. In relation to Invisalign treatment, which you did not have a current contract toprovide, in February 2013 you:

a. accepted patient AC for Invisalign treatment;

b. accepted payment from AC for Invisalign treatment.

155.

Your conduct was misleading in relation to allegation:a. 153b; and/or

b. 154a; and/or

c. 154b.


a. 153b; and/or

b. 154a; and/or

c. 154b.

157. You did not commence and/or complete Invisalign and/or other aligner treatmentfor patient AC in a timely manner.


Patient AD

159. You did not provide patient AD with:

a. full and accurate information about the reasons for the delay to his treatment;and/or in particular

b. you caused or allowed patient AD to be informed by email on 30 April 2013,from the practice that “Dr Anand has submitted all the necessary informationand instructions regarding your specific treatment”, which implied that anorder had been placed, when that was not the case.

160. In relation to Invisalign treatment, which you did not have a current contract toprovide, in February 2013 you:

a. accepted patient AD for Invisalign treatment;

b. accepted payment from AD for Invisalign treatment.


a. 159b; and/orb. 160a; and/or

c. 160b.


a. 159b; and/or

b. 160a; and/or

c. 160b.

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163. You did not commence and/or complete Invisalign and/or Orthocaps treatment forpatient AD in a timely manner;


Patient AE

165. You did not:

a. Discuss with patient AE all the risks of treatment; and/or

b. Provide patient AE with written information about all the risks of treatment.

166. You did not provide patient AE with:


b. You caused or allowed patient AE to be told by emails in May 2013 that thedelays in treatment were caused by the “treatment planning” being long, andthat there were delays in shipment, thereby implying that the order foraligners had been placed when this was not the case.



169. You did not commence and/or complete Invisalign and/or treatment for patient AEin a timely manner;


Patient AF

171. You did not obtain informed consent from patient AF in respect of any change fromInvisalign to Orthocaps treatment that you were proposing;

172. You did not provide patient AF with:


b. you caused or allowed patient AF to be told by email dated 24 May 2013

that the delays in treatment were caused by the “treatment planning time”being long, and that you had “submitted all necessary information andinstructions “when this was not the case;

c. you caused or allowed patient AF to be told by email dated 2 April 2013 thatthe delays in treatment were caused by “a back and forth process” betweenyou and the manufacturers, when this was not the case;


a. 172b; and/or

b. 172c.

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a. 172b; and/or

b. 172c.

175. You did not commence and/or complete Invisalign and/or Orthocaps treatment for

patient AF in a timely manner;176. You did not provide a refund in respect of uncompleted treatment within a

reasonable time.

Patient AG


a. An orthodontic clinical assessment; and/or

b. A radiographic report;


178. You did not provide patient AG with:


b. causing or allowing Patient AG to be emailed on 12 December 2012 statingthat her aligners were “still in the manufacturing stage” when this was not thecase.

179. You cause or allowed patient AG to be informed that she would receive a fullrefund of payment for treatment on or about 20 May 2012 when there were nofunds in your business’ accounts to do so, and when you knew that your business

at risk of entering into administration.


a. 178b; and/or

b. 179.


a. 178b; and/or

b. 179.

182. You did not commence and/or complete Invisalign treatment for patient AG in atimely manner;


Patient AH


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186. You did not discuss with patient AH all options for treatment, including notreatment;


a. A general dental assessment; and/or


c. A radiographic report (for radiograph in 2012);


188. You recommended aligner treatment when, by reason of the patient’s oralcondition, it was not suitable to achieve a satisfactory result;

189. You did not obtain patient AH’s informed consent prior to changing his treatmentfrom Invisalign to alternative treatment;

190. You did not provide patient AH with:


b. You caused or allowed patient AH to be told by email dated 1 July 2013 thatyou were intending to submit a plan to Invisalign, thereby implying thatInvisalign planning and/or treatment was in progress, when this was not thecase.


192. Your conduct was dishonest in relation to 190b;

193. You did not commence and/or complete Invisalign and/or alternative treatment for

patient AH in a timely manner;194. You did not provide a refund in respect of uncompleted treatment within a

reasonable time.

Patient AI


a. A general dental assessment; and/or


c. A radiographic report;


196. You recommended and commenced aligner treatment when, by reason of thepatient’s oral condition, including periodontal disease, it was not suitable toachieve a satisfactory result.

197. You did not provide patient AI with:

a. full and accurate information about the reasons for the delay to hertreatment.

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198. You did not commence and/or complete Invisalign and/or alternative treatment forpatient AI in a timely manner.


Patient AJ

200. You did not obtain patient AJ’s informed consent prior to changing her treatment toInvisalign G4.

201. You did not provide patient AJ with:


202. You caused or allowed patient AJ to be told by email 19 September 2012 that:

a. the delays to her treatment were due to awaiting the implementation of anew system of treatment, G4; and/or

b. that the aligners were now “in manufacturing”; and/or

c. that you were hoping that the aligners would be delivered by mid-October;when this was not true.


a. 202a; and/or

b. 202b; and/or

c. 202c.


a. 202a; and/or

b. 202b; and/or

c. 202c.

205. You did not commence and/or complete Invisalign for patient AJ in a timelymanner;


And that by reason of the above your fitness to practise is impaired by reason ofmisconduct and/or deficient professional performance.”

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Documents

Anand 4-21 Nov 2014 Idrc3 (Final