Dental assistant Lisa O’Neil says she was fired from her job at the Monticello, N.C., dental office for refusing to treat her son with an oral treatment that doctors prescribed for him.
The state’s Department of Human Services on Wednesday filed suit in state Supreme Court against O’Neill, whose attorney says the state’s action is motivated by the dentist’s refusal to perform the treatment.
O’Neill is a plaintiff in the lawsuit.
The suit alleges O’Donnell refused to give the dentist oral medications, including acetaminophen, for her son, who had a condition called hydrocephalus.
O`Donnell is suing the state of North Carolina and its Medicaid contractor, Covered California, for negligence, breach of contract and tortious interference.
Covered California denied O’Brien’s request for treatment.
She is seeking an unspecified amount in damages.
O’Neal, whose son is a member of the National Honor Society, is seeking unspecified monetary damages and punitive damages for pain and suffering and for loss of earnings.
Opinion: Why state should be sued over dental practice policies article A dentist who refuses to treat an unresponsive or malnourished child could be subject to a criminal charge or even a felony conviction, according to state attorneys in a filing Wednesday.
In a statement, O’Meara O’Bannon, an attorney for the state, said that the lawsuit filed Wednesday in the North Carolina Supreme Court “is based on a false and baseless assertion of a state constitutional right.”
O’Brien is a dental assistant who works at the dental office that serves the Montogomery community.
He has been with the Montogleys for 25 years.
In February, the Montogloms filed a lawsuit in the U.S. District Court in North Carolina challenging the state and its contractor, the Medicaid program run by the state.
The state contends that the state is violating its right to refuse treatment because it refuses to pay O’Connell.
The suit, filed by O’Connor and other attorneys, alleges that O’Nellys failure to comply with the state Medicaid policy violates the North Carolinian’s constitutional rights under the Eighth Amendment to the U of N Constitution.
Ongoing lawsuits by the Montgomerys have not been resolved, and O’Connors attorney, David Gorman, did not immediately respond to a request for comment.
In the lawsuit, the state contends O’Gorman failed to obtain and properly complete the required medical records and that OConnors refusal to provide the required records was based on the state contracting law that provides for the removal of state and federal laws.
The lawsuit also alleges that the Montoghomys did not properly disclose O’Taughan’s financial relationship with CoveredCalifornia, which is run by Covered America, the government contractor that runs Medicaid.
Curtis O’Rourke, a spokesman for the Montocles, declined to comment on the lawsuit or on whether he was aware of it when he heard about it.OConnor has worked at the dentistry office for about two years, according the lawsuit and OConners employer, the North Charleston Health System.
OConnels wife is also employed at the office.
OBrien said she has been treated for hydrocephalis.