Evan Chandler is accused of Sexual Assault

Let me first start by saying that as I read through the court documents I got the impression that Ms. Ager was mentally unstable. Ironically, She remembered these incidents after therapy .

Evan Chandler who was an alleged Dr.Feelgood that provided shotty dental work was accused of sexually abusing a women. That claim came out after she went to a psychiatrist—or after he received the settlement. This claim was eventually thrown out of court and not widely reported on—if at all.

From August 23,1993 to November 25, 1994 Suzanne Ager alleged that Evan Chandler not only failed to provide adequate dental care (malpractice) —something he was already disciplined for by the California dental board. But she also claimed that Evan Chandler repeatedly sexually assaulted her while under sedation.

From court documents:

“On or about April 1995 and began to feel extremely anxious and depressed relating to the dental treatment performed by Chandler. On or about the same time I began psychological treatment with a licensed clinical psychologist, Marcia Lamm, PhD beginning in or about April 1995 and continuing to the present, I have suffered a lot of stress, loss of concentration, distractibility impaired or short-term memory and disturbing dreams which I believe relate to or rise out of Chandler’s dental treatment.”

Plaintiff contends that the assault and battery occurred during dental treatment while she was under the influence of intravenous sedation. As such, the allegations of battery are directly related to and arise from the dental treatment provided by Dr. Chandler.

On at least five occasions, October 4, 1993, December 3, 1983, February 8, 1994, February 12, 1984, February 28, 1994) during Chandler’s dental treatment of plaintiff, Chandler sedated plaintiff intravenously, a rendering plaintiff semiconscious and/or unconscious. Today, Chandler has produced no documentation which would indicate that he followed the excepted guidelines for the use of conscious sedation in periodontics. In fact, there is no evidence to indicate that the minimum number of personnel, too, were present during the administration of conscious sedation. On each and every occasion referred to above, Chandler strongly encouraged plaintiff to accept the administration of intravenous sedation and, in an attempt to persuade plaintiff, agreed to administer intravenous sedation at no cost to plaintiff.

In or about March 1997, during the course of her psychological treatment, plaintiff began to recall instance wherein she was subjected to sexual assault and/or battery by Chandler.

Plaintiff recalled that on or about February 12, 1997, while under the influence of intravenous sedation, requested to go to the bathroom. While in the restroom, plaintiff perceived the presence of sperm and her vaginal area. Also in or about February 1997, Chandler and sexually assaulted plaintiff by performing sodomy upon plaintiff while she was under the influence of intravenous sedation. Plaintiff did not recall these events prior to March 1997 because the intravenous sedation and paired plaintiff’s memory of the events constituting sexual assault. Plaintiffs memory of these events was triggered as a result of revealing evidence in the case as well as psychological therapy related to her anxiety and depression.

 

 

Ager VS Chandler
From approximately August 23, 1993 to November 25, 1994 said defendant’s negligently and carelessly diagnosed and treated plaintiff’s dental problems, which acts or omissions fell below the degree of skill and competence commonly exercised by medical practitioners in this community. Such acts or missions include, but are not limited to the following:
Overlays contouring porcelain veneers on teeth with margins that were sub gingival
Failure to treat teeth with extensive and deep restoration
Failing to treat plaintiffs gum line which is acutely inflamed and bleeding with any tissue contact
Failure to properly repair plaintiff’s right bridge
Failure to properly treat plaintiffs left bridge, causing root canal problem with decay

Plaintiff Suzanne Ager’s complaint alleges causes of action for sexual assault and battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Plaintiffs cause of action arising from acts allegedly occurring during dental treatment provided by defendant Evan Chandler, DDS, between February 1994 and the end of March 1994.
Since plaintiff failed to file her complaints until June 13, 1997, — statute of limitations cited by Evan’s attorney. Plaintiffs previously filed a complaint on September 13, 1995 for dental malpractice against Dr. Chandler relating to dental treatment she received during the period of August 1993 through March 1994. Ager vs Chandler case SC038465 trial in this matter was initially set for February 11, 1997 and was continued until June 3, 1997. On May 14, 1997, plaintiff moved the court to amend her complaint to add causes of action for sexual assault and battery, intentional infliction of emotional distress and negligent infliction of emotional to stress (the same causes of action contained in the complaint which is the subject of this Demurrer) the matter was heard and department “B” before the Hon. Judge Robert M. Letteau. Judge denied plaintiff’s motion. Trial on this matter is presently set for July 21, 1997 and department “A”
The allegations of battery are directly related to and arise from the dental treatment provided by Dr. Chandler. Plaintiff previously attempted to add punitive damages to her complaints for dental malpractice against Dr. Chandler. Plaintiff’s new complaint is merely a way of bypassing the code and seeking punitive damages against Dr. Chandler.
On at least five occasions(October 4, 1993, December 3, 1993, February 8, 1994, February 12, 1984 and February 28, 1994) during Chandler is dental treatment of plaintiff, Chandler sedated plaintiff intravenously, rendering plaintiff’s semiconscious and/or unconscious. To date, Chandler has produced no documentation which would indicate that he followed the accepted guidelines for the use of conscious sedation in periodontitis. In fact, there is no evidence to indicate that the minimum number of personnel, two, were present during the administration of conscious sedation. On each and every occasion referred to above, Chandler strongly encourage plaintiff to accept the administration of intravenous sedation at no cost to plaintiff. On or about April 1995, plaintiff showed visible signs of anxiety and depression related Chandler’s dental treatment. Beginning in or about April 1995 and continuing through to the present, plaintiff began suffering from cognitive deficiencies related to the stress, including loss of concentration, distractibility impairment of short term memory and disturbing dreams. In or about March 1997, during the course of her psychological treatment, plaintiff began to recall incidents wherein she was subject to sexual assault and/or battery by defendant.

Declaration of Suzanne Ager-(excerpts)
Between August 23, 1993 and March 23, 1994, I obtain dental treatment from defendant Evan Chandler, DDS. During the period in Chandler provided me with dental treatment, Chandler engaged in a continuous and repeat course of conduct, without consent, subjecting me to sexual touching and conduct. On at least five occasions (October 4, 1993, December 3, 1993, February 8, 1994, February 12, 1994, and February 28, 1994) while I was under Chandler’s dental treatment, Chandler utilized intravenous sedation rendering me semiconscious or unconscious. Chandler insisted on utilizing intravenous sedation during the period he treated me. On or about April 1995 I began to feel extremely anxious and depressed related to the dental treatment performed by Chandler. On or about the same time I began psychological treatment with a licensed clinical psychologist, Marcia Lamm, PhD beginning in or about April the 95 and continuing to the present – stress, depression, anxiety– in approximately March 1997, in the course of my psychological therapy and after reviewing Evan Chandler’s deposition transcript, I recalled an incident which indicates that I was sexually assaulted and battered by Chandler. In March of 1997 I recalled that during a dental appointment on February 12, 1997, I requested to go to the restroom while under the influence of intravenous sedation. Chandler summoned his assistant, Patty, into the treatment room in order to escort me to the restroom. While in the restroom, I perceived the presence of sperm. I had not been sexually active at that time on or about March 1997 I also recall that Chandler subjected me to unwanted and unconsenting sodomy while I was under the influence intravenous sedation.

Plaintiff recalled that on or about February 12, 1997 while under the influence of intravenous sedation, requested to go to the restroom. While in the restroom, plaintiff perceived the presence of sperm in her vaginal area. Also in or about February 1997, Chandler sexually assaulted plaintiff by performing sodomy upon plaintiff while she was under the influence he is of intravenous sedation.
Plaintiff could not recall these events prior to March 1997 because of the intravenous sedation and paired plaintiff’s memory of the events constituting sexual assault. Plaintiff’s memory of these events was triggered by a result of reviewing evidence in the case as well as psychological therapy related to her anxiety and depression. Presently, plaintiff suffers from post-traumatic stress disorder.

Her attorneys filed a motion to withdraw as attorneys of record citing– Plaintiff has failed to respond to telephone calls, effectively communicate with counsel, written requests Etc. plaintiff chronic failure to cooperate with counsel compels counsel to seek this motion. Filed June 13, 1997

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