Let me begin with saying how very sorry I am to hear you and your daughter had such a horrible encounter.  Not only was the dentist unprofessional and disrespectful, but his behavior was a clear example of discrimination based on disability.   

 

The American with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.  Each of these areas of public life are addressed in the five titles (or sections) in the ADA.  In your daughter's case, she was denied equal access to public accommodations which is addressed in Title III of the ADA.

 

Places of public accommodation include over five million private establishments, such as restaurants, hotels, theaters, convention centers, retail stores, shopping centers, dry cleaners, pharmacies, doctors' offices, hospitals, museums, libraries, parks, zoos, amusement parks, private schools, day care centers, health spas, and bowling alleys.  The dentist you and your daughter attempted to receive services from is a place of public accommodation. 

 

Title III sets forth a detailed list of prohibited activities (many of which transfer easily to health care settings), as well as a series of affirmative defenses that place the burden of proof squarely on a health care facility. For example, it is considered discriminatory to impose eligibility criteria that would screen out individuals with disabilities unless a facility can show that the criteria are necessary for the provision of the services being offered.  It also would be discriminatory for a health care facility to fail to treat an individual "in the most integrated setting appropriate to the needs of the individual."

 

In the case of dental services, if a patient with a disability requires a procedure or specialized care which the dental practice does not provide, the patient may be referred to another service provider, just as would be done with a non-disabled patient.  The key component in your daughter's case is the fact the dentist did not even take the time to examine her to determine whether or not he was able to meet her needs. He made a sweeping generalization based only on what he saw,her disability. That is discrimination.

 

My recommendation is to file a Title III ADA complaint.  You may file a complaint with the Disability Rights Section (DRS) in the Department of Justice - all complaints are subject to processing and review.  One of the simplest ways to file is online ( https://www.ada.gov/filing_complaint.htm).  Once you file, the Department of Justice will let you know the next step.  Additional information on Title III complaints can be found here: https://www.ada.gov/t3compfm.htm. 

 

Additionally, you may wish to notify other families and community members of your experience so they are aware of what occurred with this particular dentist (i.e. yelp reviews, parent support groups, sharing your experience at applicable public meetings, etc.).  Making our office aware of your experience is also helpful so that we can follow up with the dental provider and provide disability awareness and ADA discrimination education.  Lastly, you can file a complaint with the Dental Board of California on his conduct at: http://www.dbc.ca.gov/consumers/common_comp.shtml. 

 

Best of luck to you in finding a qualified dental provider for your daughter!