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Journa

June 2015
Dental Identification
Age Estimation
Bite-Mark and Pattern
Injury Analysis

C A L I F O R N I A D E N TA L A S S O C I AT I O N

Forensic
Odontology
Duane Spencer, DDS
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June 2015 C D A J O U R N A L , V O L 4 3 , Nº 6

D E PA R T M E N T S
281 The Associate Editor/To Delete or Not to Delete,
That Is the Question

283 Letters to the Editor


285 Impressions
333 RM Matters/Report Employee Injuries Immediately
337 Regulatory Compliance/Uses and Disclosures of Patient
Health Information: Part II

342 Tech Trends 285


F E AT U R E S
292 Forensic Odontology
An introduction to the issue.
Duane Spencer, DDS

295 Overview of Forensic Odontology


This article provides an overview of the field of forensic odontology and suggests ways to
become involved.
Roger D. Metcalf, DDS, JD, and Janice Klim-Lemann, DDS

303 Atypical Forensic Dental Identifications


Forensic dental identification is accomplished by comparing radiographs of the decedent’s
teeth with the dental radiographs obtained from the dentist of the suspected victim.
Unfortunately, antemortem dental radiographs are not always available.
Anthony R. Cardoza, DDS, and James D. Wood, DDS

309 Bite-Mark and Pattern Injury Analysis: A Brief Status Overview


This article discusses some issues that persist in forensic circles and the difficulties
surrounding the field of bite-mark analysis that inherently must employ human subjectivity
in its execution of duty.
Gregory S. Golden, DDS, DABFO

315 Forensic Dental Age Estimation: An Overview


This article reviews the principles, methodology and commonly used techniques in forensic
age estimation cases.
James M. Lewis, DMD, DABFO, and David R. Senn, DDS, DABFO

321 The Forensic Dentist: An Overview of Expert Roles in Animal Bite-Mark Investigations
With increasing incidence of human/animal confrontation and the potential for injury or
even death, dentists who choose to work in the forensic sciences may be called upon to utilize
their skills and training to render opinions in criminal and civil cases.
Kenneth Cohrn, DDS, MAGD, DABFO, and Ron Berman, BA, CFE, DABFE

J U N E 2 015  279
C D A J O U R N A L , V O L 4 3 , Nº 6

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June 2015

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280 J U N E 2 015
Associate
EditorEditor C D A J O U R N A L , V O L 4 3 , Nº 6

To Delete or Not to Delete, That Is the Question


Brian Shue, DDS, CDE

A
s dentists — the No. 1 best
job in 2015 according to the
annual rankings by U.S. News On average, one out of eight
and World Report (apparently, emails you will receive each day this
the No. 2 best job is being
Apple CEO Tim Cook) — we have year can be categorized as spam.
many pressing duties besides our daily
schedules that demand our attention
throughout the day: reading emails,
deleting emails, reading emails, etc. You surely receive unsolicited helping the sender access riches locked
And so far in the 21st century, email commercial emails like these, also known away. The FTC says these scams are
still remains the most common form of as spam or junk emails, interspersed with “characterized by convincing sob stories”
business communication. In 2014, 196.3 all of your important emails. On average, and “unfailingly polite language” in their
billion emails were sent and received every one out of eight emails you will receive attempt to get your personal information
day, and digging deeper, each business each day this year can be categorized as and/or bank account number.
user will receive on average 88 emails per spam.2 And that is not even counting In addition to service members
day and send 38 emails per day in 2015.1 the staggering amounts that technology and those on their last breath, I have
Sending 38 emails per day doesn’t seem and anti-all-that-is-bad programs battle also received offers from executives
like very many, but over a four-year period to keep away from ever reaching our from African oil fields and foreign
that would amount to 55,480 emails. inboxes like yesterday’s electronic trash. bank officials, including one from the
Some emails can be quite interesting. Can spam be banned? Can the “Tamale Branch of the Bank of Ghana.”
Here are some that made it to my inbox: image of singing Vikings gathered in an In exchange for my help, I have seen
From the sick. “Dear,” one email started, English diner ever be forgotten?3 No. emails offer as low as 20 percent of the
“Walk in the path of righteousness and The U.S. Department of Justice defends windfall to as high as 40 percent. One
goodness and mercy shall forever follow the existence of spam, stating, “Much graciously offered to let me pick my
you all the days of your life.” The sender of it has a legitimate business purpose.” own percentage. If I cooperate, another
then tells me she has been on her deathbed But much of it does not, including email email reassures “it is not illegal in any
for five years and says, “Now I believe that scams like those mentioned above. way nor will either of us be breaking
my time has come to join my ancestors in Here are the most commonly reported any laws.” Another sender asks, “Can
heaven. Through divine revelation, I got scams in 2014, according to the Federal you honestly help me from your heart?”
your email address from the Internet. I have Trade Commission (FTC): IRS phone Sure, that’s why I wanted to be a dentist,
$8,000,000 deposited in a safe location.” calls and/or emails, the Prize Patrol from to help people. “Can I completely trust
This conjured up the image of a sender Publisher’s Clearinghouse, technical you?” Of course you can, dentists are
barely mustering enough energy to search support warning your computer needs Gallup poll’s third most-ethical profession.
for my email address, press the “send” button immediate servicing and/or malware But no one falls for these schemes,
and then lapse back into unconsciousness. that needs to be removed and the right? You’d be surprised. Victims have
From patriotic men and women who Nigerian scam involving the FBI.4 actually traveled to other countries
defend our freedoms. No, not Fox News Notice how prevalent computer to complete these transactions,
anchors, I mean soldiers. One U.S. Army technology is involved in these criminal sometimes even shown trunks of fake
captain has two military trunk boxes of scams. And consider the Nigerian scam, cash, as they fall deeper into trouble.
booty hidden in the U.K. that he took named after the country from where “According to State Department reports,
from Iraq. Another soldier in Afghanistan this type of fraud first emerged. It is an people who have responded to these
has an undisclosed amount of Benjamins advanced fee scheme from a trustworthy emails have been beaten, subjected
hidden in a tunnel and he needs help in “representative” who will give you a to threats and extortion, and in some
moving it to a more secure location. cut of millions of dollars in return for cases, murdered,” says the FTC.
J U N E 2 015  281
J U N E 2 0 15 ASSOCIATE EDITOR
C D A J O U R N A L , V O L 4 3 , Nº 6

Enter the Internet Crime Complaint Follow these common-sense ■ Use antivirus software and personal
Center (IC3), a central processing system recommendations from the Department firewalls and keep them up to date.
whose mission is to “receive, develop of Justice and the FTC to minimize ■ Configure your email client for
and refer criminal complaints regarding spam and to reduce your chances of security by changing email viewing
the rapidly expanding arena of cyber becoming a victim of an email scam:5 as text only.
crime.” The IC3, comprised of the FBI ■ Filter spam. Use the features on ■ Keep your email address as private as
and the National White Collar Crime your email applications or mail possible.
Center, partners with the proper law services to prevent as much as ■ Have a primary and secondary email
enforcement level of authority. “Internet possible. address and use one for people you
crime is defined as any illegal activity ■ Don’t trust unsolicited email. Don’t know and one for all other purposes.
involving one or more components open attachments, don’t click on ■ File an email scam complaint at the
of the Internet such as websites, chat links from unsolicited email, don’t IC3 website www.ic3.gov/default.aspx.
rooms and/or email,” says IC3. “Internet buy anything and don’t respond. ■ Forward unwanted spam to the FTC
crime involves the use of the Internet ■ Approach email attachments and at spam@uce.gov.
to communicate false or fraudulent links, even from those you know, So the next time you get an email
representations to consumers.” with caution. from a sender, more direct than David Lee
Roth backstage after a Van Halen concert,
with a message like this: “I have $36.6
million in business to acquaint with you.
Contact me,” you know what to do. And
remember, it may not be you who falls for

Read this issue these fraudulent emails, but it could very


well be someone you know. ■

on your iPad.* RE FERENCES


1. Radicati S. Email Statistics Report, 2014-2018. www.radicati.
com/wp/wp-content/uploads/2014/01/Email-Statistics-
Report-2014-2018-Executive-Summary.pdf. April 14, 2014.
2. Ibid.
3.1970 episode of Monty Python’s Flying Circus.
4.Kando-Pineda C. The Grate Pretenders. www.onguardonline.
gov/blog/grate-pretenders. March 2, 2015.
5.Department of Justice. Recognizing and Avoiding Email
Scams. www.us-cert.gov/sites/default/files/publications/
emailscams_0905.pdf. Accessed March 13, 2015.

Brian K. Shue, DDS, is the dental


director of a federally qualified health
center. He is a certified dental editor, the
San Diego County Dental Society editor
and is a fellow of the American College of
Dentists and the Pierre Fauchard Academy.

*Also
Al available
il bl ffor iPh
iPhone, A
Android
droid
id or
Kindle Fire. Check it out at cda.org/apps
da
a.org/apps

282 J U N E 2 015
Letters C D A J O U R N A L , V O L 4 3 , Nº 6

What Is Affordable?
Lambert Stumpel, DDS, writes patient benefit should ionizing radiation

Journa
March 2015

in his March 2015 Journal article, be used. In addition, most are well aware Evolution of Guided
Surgery
Power of Digital Design

“A Simple, Safe and Affordable Cast- that health care cost in this country is C A L I F O R N I A D E N TA L A S S O C I AT I O N
Cast-Based Implants

Based Guided Implant Placement the highest in the world. We should be


System,” that in San Francisco where sensitive to the fact that controlling cost
he practices, a cone beam CT (CBCT) is in our patient’s interest. The described
fee is $400 and an intraoral scan is $50. guide allows very precise implant Computer-Guided Implant Surgery: Placing the Perfect Implant

Dr. Stumpel opines that this CBCT placement, while controlling cost.
Ziv Simon, DMD, MSc

cost is not financially feasible for a The article was comparing a


dentist placing one or two implants. cast-based method to fabricate a
The University of the Pacific, Arthur fully restrictive surgical guide to the
A. Dugoni School of Dentistry fee is computer-aided design/computer-aided
$258 for a narrow field Accuitomo manufacturing (CAD/CAM) produced
CBCT of three teeth including a board surgical guides. To produce a CAD/
certified radiologist’s report. Its low CAM guide one needs a full arch in the
radiation dosage of 20 microsieverts, CBCT data set. A full arch is needed to
high-quality resolution and anatomical accurately match the stereolithography
accuracy is invaluable for implants (STL) file of the teeth. Partial datasets
being placed in close proximity to will introduce massive errors between etc. Our patients are not divided
vital structures such as the inferior planned and actual implant position. up that way. They are whole and
alveolar nerve canal or sinuses. The information from a small complete with body, mind and spirit.
Private dental X-ray labs in San field CBCT can easily be used when Neither Hal Huggins, DDS, MS,
Francisco charge $200 for a focused fabricating a 3D Click Guide, and or any of the other dentists were
field CBCT of one to three teeth. when needed that is what we do. “holistic” dentists. Dr. Huggins had
Patient safety is priceless when To fabricate a CAD/CAM guide a protocol that he called “balancing
placing implants. Why should not one would need a full arch. body chemistry.” If they have a
this choice of superior technology be The cost as described in my article particular technique or protocol, by
included with informed consent? We is $450 for the data sets required. definition it cannot be holistic.
don’t X-ray a patient’s pocketbook. LAMBERT J. STUMPEL, DDS Most of the diseases we treat
We should nevertheless provide San Francisco, Calif. are preventable. Preventing dental
reasonable choices so the patient disease is more desirable than
can decide what is affordable and allowing it to happen and then
in the patient’s best interest. The Sum of Its Parts repairing the damage afterward.
EDWIN ZINMAN, DDS, JD I was interested in reading the If we want to really help our
San Francisco, Calif. editorial on holistic dentistry in the patients become healthier, we have
March 2015 issue of the Journal. The to move beyond simply presenting
Dr. Stumpel responds term “holistic” simply means that the treatment plans and repairing teeth.
I would like to thank Dr. Zinman whole is greater than the sum of its We all know that there are dentists
for commenting on my March 2015 parts. A dentist who takes a holistic who have excellent behavioral and
Journal article, “A Simple, Safe approach to dentistry sees his or her communication skills that serve their
and Affordable Cast-Based Guided patient as a whole person with a patients in an exceptional way. The
Implant Placement System.” unique life experience. We are not Pankey Institute is named for one of
There is no discussion that when just repairing teeth; we are helping these dentists, L.D. Pankey, DDS.
needed, CBCT is wonderful technology our patients become healthier. The editorial mentions a dentist
that should be used based on the We compartmentalize our named Weston Price. Dr. Price traveled
ALARA principle, acronym for as low as education into departments such as with his wife to primitive areas of the
reasonably achievable. Only if there is operative, endodontics, periodontics, world to study the effects of nutrition
J U N E 2 015  283
J U N E 2 0 15 LETTERS
C D A J O U R N A L , V O L 4 3 , Nº 6

on people’s health. The outcome was changes. People reported that their The Journal welcomes letters
a monumental book called Nutrition chronic headaches had cleared up and We reserve the right to edit all
and Physical Degeneration. His research others reported that they no longer communications. Letters should discuss an
took place before the advent of had leg cramps or seasonal allergies. item published in the Journal within the past
antibiotics, when dental infections I do not like to hear our profession two months or matters of general interest
could be more life threatening. referred to as the dental “industry.” We to our readership. Letters must be no more
A holistic approach is a systems are not a commercial enterprise and we than 500 words and cite no more than five
approach — nothing is left out. We look are not in competition with our fellow references. No illustrations will be accepted.
at the entire stomatognathic system. dentists or our patients. As professionals, Letters should be submitted at editorialmanager.
The three main causes of dental we share our knowledge freely. com/jcaldentassoc. By sending the letter, the
disease are caries, periodontal disease and Over the years, we have grown from author certifies that neither the letter nor one
malocclusion. These are all interrelated being tooth pullers to dental repairmen. with substantially similar content under the
and we do not treat them separately. By taking a broader view of our writer’s authorship has been published or is
In the course of doing comprehensive profession, we can expand our vision to being considered for publication elsewhere,
care, some of our patients were reporting becoming true health professionals. and the author acknowledges and agrees that
that other health problems had PHILIP HORDINER, DDS the letter and all rights with regard to the letter
cleared up as a result of their lifestyle Los Altos, Calif. become the property of CDA.

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284 J U N E 2 015
Impressions C D A J O U R N A L , V O L 4 3 , Nº 6

A Grammar of Ethics
David W. Chambers, EdM, MBA, PhD

Parsing logical sentences and distinguishing one ethical


philosopher from another probably compete for last place
among the exciting things to do on a Sunday afternoon, right
up there with untangling the wires for the stereo system and
alphabetizing the canned soups in your pantry. There is a
reason — after we have done it, no one can tell the difference.
Here is the connection between grammar and ethics.
First-person ethics is an academic exercise. Third-person
ethics is gossip. Speaking about ethics in the second person
almost never happens. Some things we say about ethics
never get out of the “I” voice. Some sentences point fingers
at “they” or “it.” After we have done it, no one can tell
the difference. The precious cases begin, “We …”
It is very hard to think of an example of ethics that is
entirely private. Almost per definition, to count as good or
bad, what we do has to affect others. So should the solution.
There is a danger in mistaking a one-party solution to a two-
party problem for a sound, two-party ethical resolution.
The real annoyance is third-person ethics. “He should
be doing …” “Did you hear how they are overcharging,
misrepresenting, underdiagnosing, patient stealing and all the
rest? Makes one sick.” There are three parties in these third-
The nub: party grumblings: Dr. Righteous, the friend of Dr. Righteous
who is listening and “they” (who are generally only spoken
1. Private virtues are only of in their absence). As a rule, “they-ness” is easier to spot
ethical when they make the less “they” look like the friend of Dr. Righteous.
others’ lives go better. It is easier to tell others how to act when one is standing
on a pedestal or wearing some sort of ceremonial garment.
2. Third-person scolds and Avoiding the possibility of having a conversation also helps.
Sometimes we clean up third-person ethics by removing
ex cathedra judgments the personal dimension. We shift from “they” to “it.” “It would
are sham ethics. be best if everyone …” “It is obvious that …” “It stands to
reason or everyone sees the wisdom of ...” The “it” arabesque
3. We can only fix it when also seems to elevate the conversation to universal principles.
those involved sit down and Neat and clean, perfectly fair, just do the right thing. It
talk about it. only shows up in the very fine print that certain individuals
are allowed to interpret which “it” is the right one.
The defensible position is the second-person perspective.
You and me. We may not agree about which philosopher
David W. Chambers, EdM, MBA, PhD, is professor
of dental education at the University of the Pacific, Arthur has the grand insights, but there is a better chance of
A. Dugoni School of Dentistry, San Francisco, and editor walking out of the room in agreement than if I insist
of the Journal of the American College of Dentists. that you agree with me before you can sit down. ■

J U N E 2 015  285
J U N E 2 0 15 IMPRESSIONS
C D A J O U R N A L , V O L 4 3 , Nº 6

Study Details Mouth,


h, Heart Connection
According to research recently
ently published online by the American Heart
Association, scientists at Forsythh and Boston University have demonstrated
BPA Harms Tooth Enamel in that using an oral topical remedyedy to reduce inflammation associated with
inflammation
Rats, Mimics MIH periodontitis also results in the prevention of vascular inflammation and can
A tooth enamel abnormality in lower the risk of heart attack.
children, molar incisor hypomineralization The researchers of this study demonstrated the ability of an oral treatment
(MIH), may result from exposure to the for gum disease to also reduce inflammation in the artery wall. The active
industrial chemical bisphenol A (BPA), ingredient is an inflammation-resolving molecule, known as Resolvin E1. This
authors of a new study recently concluded discovery further underscores the increasing body of evidence showcasing
after finding similar damage to the dental how problems in the mouth — and how they are treated — can have life-
enamel of rats that received BPA. changing influences on other key systems in the body, in this case the heart.
“Human enamel defects may be used “Our research is helping to underscore the very real link between oral
as an early marker of exposure to BPA and health and heart disease,” said Hatice Hasturk, DDS, PhD, lead investigator,
similar-acting endocrine disruptors,” said
in a news release. “The general public understands the connection between
Sylvie Babajko, PhD, in a news release.
heart health and overall wellness, and often takes appropriate steps to
BPA is an endocrine disruptor,
or hormone-altering chemical, that prevent heart disease. More education is needed to elevate oral wellness into
has been linked to numerous adverse the same category in light of proven connections to major health conditions.”
health effects in humans. It appears This is the first paper to show a rabbit model of accelerated heart
in many plastic and resin household disease, demonstrating a range of atherosclerotic plaque stages that more
products and food containers, including closely resemble those in humans without genetic modification of the animal,
until recently baby bottles, sippy according to the news release.
cups and infant formula packages. For more information, see the study published March 19, 2015, online
Recent published data show that MIH before print in the journal Arteriosclerosis, Thrombosis and Vascular Biology,
affects up to 18 percent of children ages 2015, 35: 1123-1133.
6 to 9 years and although the cause is
unclear, appears to have an environmental
origin, according to the study authors.
In the first part of the study, the
researchers gave rats low doses of BPA, takes place from the third trimester these molecules are receptors for sex
comparable to exposure in humans. of fetal development to three or four steroid hormones involved in organ
The rats received BPA from fetal life years after birth. This cell-based development, endocrine homeostasis
to 30 days after birth and, according experiment showed that sex hormones and hormone-sensitive cancers. She also
to the researchers, the BPA caused target and influence dental epithelial reported that an increase in estrogen
enamel defects similar to MIH in cells, according to the news release. activity had a greater effect on the tooth
humans, especially in male rats. “Our study shows, for the first enamel in male rats than in female rats
In the second part of the study, the time, that BPA affects dental cells, and said this finding suggests possible
investigators cultured and looked at and subsequently enamel synthesis, sexual differences in enamel quality.
rat ameloblast cells, which are present using similar target molecules as These study results were presented in
only during the formation of tooth those present in other organs,” said March 2015 at the Endocrine Society’s
enamel. In humans, amelogenesis Babajko, who also explained that 97th annual meeting in San Diego.
286 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

New Technique Applies Antibacterial Agent to Plaque


Therapeutic agents intended to reduce (farnesol) within the
dental plaque and prevent tooth decay plaque, despite the
are often removed by saliva and the act presence of saliva.
of swallowing before they can take effect. To deliver the
But, according to a news release, a team farnesol to the
of researchers has developed a way to targeted sites, the
keep the drugs from being washed away. team of researchers
In a recent study, published in the created a spherical mass of particles polymers and securing the drug with
journal ACS Nano, researchers found a — constructing the outer layer out hydrophobic and pH-responsive polymers.
new way to deliver an antibacterial agent of positively charged segments of the The positively charged outer layer of
the carrier is able to stay in place at the
surface of the teeth because the enamel is
made up, in part, of hydroxyapatite (HA),
Study: E-Cigarettes Not ‘Harmless’ which is negatively charged. Just as
oppositely charged magnets are attracted
In a major scientific review of research on e-cigarettes, scientists at the
to each other, the same is true of the
University of California, San Francisco discovered that industry claims about nanoparticles and HA. Because teeth are
the devices are unsupported by the evidence to date, including claims that coated with saliva, the researchers weren’t
e-cigarettes help smokers quit, according to a news story from the university. certain the nanoparticles would adhere.
In their analysis, the authors found that e-cigarette use is associated with But, according to the news release, not
significantly lower odds of quitting cigarettes and that while the data are only did the particles stay in place, they
still limited, e-cigarette emissions “are not merely ‘harmless water vapor,’ as were also able to bind with the polymeric
is frequently claimed, and can be a source of indoor air pollution.” matrix and stick to dental plaque.
E-cigarettes deliver a nicotine-containing aerosol popularly called Because the nanoparticles could
“vapor” to users by heating a solution commonly consisting of glycerin, bind both to saliva-coated teeth and
nicotine and flavoring agents. E-liquids are flavored, including tobacco, within plaque, the researchers used
them to carry the antibacterial agent
menthol, coffee, candy, fruit and alcohol flavors, the authors wrote.
to the targeted sites and found that
“E-cigarettes do not burn or smolder the way conventional cigarettes do, so
the nanoparticles could release the
they do not emit side-stream smoke; however, bystanders are exposed to aerosol drug when exposed to cavity-causing
exhaled by the user,” according to the authors, who wrote that a previous study eating habits — precisely when it is
found low levels of formaldehyde, acetaldehyde, isoprene, acetic acid, nicotine most needed to quickly stop acid-
and other toxins were measured in that aerosol. Toxins in producing bacteria. The researchers
the e-cigarette aerosol were at much lower levels compared tested the product in rats that were
with the conventional cigarette emissions, they noted. infected with Streptococcus mutans.
The authors conclude that “evidence available “When the drug was administered
at this time, although limited, points to high levels without the nanoparticle carriers, there
of dual use of e-cigarettes with conventional was no effect on the number of cavities
cigarettes, no proven cessation benefits and rapidly and only a very small reduction in their
severity. But when it was delivered
increasing youth initiation with e-cigarettes.”
by the nanoparticle carriers, both the
For more information, see the full study
number and severity of the cavities
in the American Heart Association’s journal were reduced,” said co-senior author
Circulation, 2014; 129: 1972-1986. Hyun Koo, in the news release.
For more, see the study published in
ACS Nano, 2015, 9 (3), pp. 2390–2404.
J U N E 2 015  287
Practice Support

Employment Practices

When it comes to employment practices, there’s one spot where


CDA members can get assistance with every nuance of running
a practice: CDA Practice Support. Download a customizable
employee manual or train your staff with easy-to-use PowerPoint
presentations. There are even tips on setting staff rules around
piercings and tattoos. What’s more, if you need personalized
advice, our employment expert is just a phone call away.
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800.232.7645 or cda.org/practicesupport
J U N E 2 0 15 IMPRESSIONS
C D A J O U R N A L , V O L 4 3 , Nº 6

Study Pinpoints Brain Regions Involved in Dental Pain


In a recent study, researchers investigated the “task-related” brain
activity and functional connectivity patterns following onset of a regional
anesthetic nerve block during continuous noxious dental stimulation.
For this placebo-controlled, age-matched functional magnetic resonance imaging
study, 28 subjects were included (only males, mean age 27) received repetitive
electric stimuli to the left mandibular canine, evoking an intensity perception of
five on an 11-point numeric intensity rating scale, according to a news release.
The experiment was divided into two phases, the first consisting of 30 stimuli
for a duration of five minutes followed by a submucosal injection of either
Graphene Oxide Effective in the anaesthetic articaine 4% (group A) or 0.9% sodium chloride (placebo
group) at the left mental foramen. The second phase consisted of electric
Killing Dental Pathogens tooth stimulation for 16 minutes, during which subjects indicated pain offset
Dental diseases, which are caused by pressing an alarm ball. In the anesthesia group, pain relief was reported
by the overgrowth of certain bacteria 4.5 minutes after the injection whereas in the placebo group, no subject
in the mouth, are among the most reported pain relief. Between-group analysis of phase two demonstrated “a
common health problems in the world.
significant activation cluster in the ipsilateral posterior insula (pIns)” in the
According to a news release, scientists
placebo group. Using the pIns as a seed region, “the PPI analysis yielded a
have recently discovered that a material
called graphene oxide is effective at significant enhanced coupling to the midbrain (periaqueductal grey/ventral
eliminating these bacteria, some of which tegmental area) after analgesia onset in group A only.”
have developed antibiotic resistance. The novel paradigm applied in this study
Published in the journal ACS demonstrated that dental pain relief was
Applied Materials & Interfaces, the accompanied by a significant activity reduction in
study explains that dental caries and the posterior insula and an enhanced connectivity
periodontal diseases “have a close to the midbrain, according to the news release.
relationship with microbes such as The new data was presented March 2015
Streptococcus mutans, Porphyromonas at the 93rd General Session and Exhibition of
gingivalis and Fusobacterium nucleatum.” the International Association for Dental Research.
The authors point out that dentists
often prescribe traditional antibiotics
to get rid of bacteria that cause tooth
decay or gum disease and that with This research team wanted to see if the leaked out after they were treated
the rise in antibiotic resistance, new nanosheets would also stop the specific by graphene oxide. Therefore, they
approaches are needed to address these bacteria that cause dental diseases. conclude, graphene oxide nanosheets
problems, which can lead to tooth loss. In the lab, the researchers tested the would be “an effective antibacterial
Previous studies have demonstrated material against three different species material against dental pathogens and
that graphene oxide — carbon of bacteria that are linked to tooth the potential applications in dental
nanosheets studded with oxygen decay and gum disease. According to the care and therapy are promising.”
groups — is a promising material in study, transmission electron microscopy For more information, read
biomedical applications. It can inhibit (TEM) images revealed that the cell wall the study published in the journal
the growth of some bacterial strains and membrane of the bacteria lost their ACS Applied Materials & Interfaces,
with minimal harm to mammalian cells. integrity and the intracellular contents 2015, 7 (9), pp. 5605–5611.

290 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Survey: Oral Pain Specialists Treat Complex Health Issues


In a new study, authors have to chronic and reduce the patient’s
discovered that patients with facial quality of life dramatically.
pain see an average of 2.2 doctors The authors conducted a survey
over 17 months before visiting to better understand the work of
facial pain and oral medicine pain specialists and to describe in
specialists. According to one author, detail the types of patients these
this delay in getting treatment can specialists see in the United States.
allow pain to escalate from acute According to their survey, the authors

Xylitol in Tooth Decay Prevention Still Unproven


found 46 percent of the specialists
New research from The University of Manchester concludes that there is practiced in dental schools, 31 percent
limited evidence to show that xylitol is effective in preventing dental cavities practiced in hospitals and 18 percent
in children and adults, according to a news release from the university. practiced in combined settings. Only
Xylitol is a popular sugar substitute and is already known to cause less 5 percent were in private practice.
damage to teeth than sugar. It has also been suggested that the addition The average age of the patients
of xylitol to products may help to prevent tooth decay by stopping the was 57 and nearly twice as many of
growth of decay-producing bacteria. However, according to new evidence the patients were women. The leading
published in the Cochrane Library there is little high-quality evidence that cause of referrals to the specialists
xylitol is beneficial in the fight against tooth decay. was oral lesions, followed by orofacial
The authors gathered together data from 10 studies that analyzed a pain, dry mouth, burning mouth and
oral sores or ulcers, according to a
total of 5,903 participants. In most cases, the studies used such different
news release. The tongue and gums
methods that the researchers could not combine the results to create a
were predominant sites for pain, but
summary effect estimate. Based on information from 4,216 schoolchildren less so for teeth and lips, and about
who took part in two Costa Rican studies, they found low-quality evidence one-third of the referred patients
that levels of tooth decay were 13 percent lower in those who used a reported pain in at least two locations.
fluoride toothpaste containing 10% xylitol for three years, compared to Oral lesions and pain caused by
those who used a fluoride-only toothpaste. For other xylitol-containing oral lichen planus was the main reason
products, such as xylitol syrup, lozenges and tablets, there was little or no many sought treatment, followed by
evidence of any benefit. problems with the salivary glands.
“The evidence we identified did not allow us to make any robust The pattern of patient referrals
conclusions about the effects of xylitol, and we were unable to prove any demonstrates the breadth of the
benefit in the natural sweetener for preventing tooth decay,” said lead interprofessional practice with ear, nose
and throat surgeons, dermatologists
researcher Philip Riley, of the School of Dentistry at The University
and oncologists, general practice
of Manchester, in the news release.
dentists and other health care providers,
For more information, read the full review published according to the news release.
online in the Cochrane Database of Systematic For more, see the study published
Reviews, 2015, issue 3, March 26, 2015. in the journal Oral Surgery, Oral
Medicine, Oral Pathology and Oral
Radiology, 2015; 119 (4): 408.

J U N E 2 015  291
introduction
C D A J O U R N A L , V O L 4 3 , Nº 6

Forensic Odontology
Duane E. Spencer, DDS

GUEST EDITOR

Duane E. Spencer, DDS, “They’re dentistry’s detectives, a small Forensic odontology continues to be
practices pediatric dentistry group of professionals who lend their skills a relatively small field of dentistry. Most
in Walnut Creek, Calif.
He is a forensic dental
and training to the often grisly business dentists give the subject little thought,
consultant to Alameda, of helping identify crash victims, solve unless they receive a call from their
Contra Costa, San Mateo rapes and catch killers. Their names and local county coroner/medical examiner
and Solano counties and faces may appear in the news, but there’s requesting a patient’s dental records or
the California Department little glamour in the job. It’s mainly hard perhaps contemplate obtaining continuing
of Justice.
Conflict of Interest
work, dedication and attention to detail.” education hours at a forensic dental
presentation. There are currently only

T
Disclosure: None reported.
his caption was on the cover a few dozen dentists in California who
of the September 1989 have experience in the field and only
issue of the Journal of the 14 who are American Board of Forensic
American Dental Association, Odontology (ABFO) certified. There are
titled “Forensic Dentistry.” about 100 ABFO-certified odontologists
It is seldom that a dental journal in North America. Although the
is dedicated entirely to the field of numbers are small, most jurisdictions
forensic odontology. Although an have access to qualified forensic dental
occasional article on the subject may consultation. Many odontologists
appear, the last issue of the Journal continue working in the field after they
of the California Dental Association retire from their private dental practices.
devoted to forensics was August It is the goal of this issue to not only
2004. That award-winning issue, offer the reader articles on the mainstay
with articles submitted in 2003, of odontology and dental identification,
was largely related to the terrorist but to cover subjects that might be new
tragedies of Sept. 11, 2001. Three and of interest. Five articles comprise
authors from that issue, Anthony this issue, each submitted by very
“Rick” Cardoza, DDS; Gregory S. experienced authors in the field. All
Golden, DDS; and James D. Wood, dental authors are diplomates of the
DDS, have contributed to this issue. ABFO and are active in the organization.
J U N E 2 015  293
introduction
C D A J O U R N A L , V O L 4 3 , Nº 6

Roger D. Metcalf, DDS, JD, and to other Southern California counties. of Expert Roles in Animal Bite-Mark
Janice Klim-Lemann, DDS, authored Dr. Golden is a co-author of the bite Investigation.” Having worked on
“Overview of Forensic Odontology,” marks chapter in the fifth edition of numerous fatal animal attack cases in
which is an introduction, as well an the Manual of Forensic Odontology. California over the years, it seemed
excellent overview, of odontology. Dr. He has also taught the bite mark readers might be interested in an article
Metcalf is the director of the human component and advanced photography on animal bite marks. Dr. Cohrn has a
identification lab and chief forensic seminar at the Symposium of Forensic general dental practice in The Villages,
odontologist for the Tarrant County Dentistry at the University of Texas, Fla. He is a consultant to multiple
Medical Examiner in Fort Worth, Texas. San Antonio. Due to a recent number medical examiner districts in Florida and
He is the recent chair of the ABFO of exonerations of people convicted of is a past president of the International
certification and examination committee crimes where bite-mark evidence was Veterinary Forensic Science Association.
and president of the American Society involved, there is, rightfully, attention Dr. Cohrn authored the chapter
of Forensic Odontology. Dr. Klim- focused by many on the status and “Animal Bitemarks” in the fifth edition
Lemann practices general dentistry future of bite-mark analysis. Dr. Golden of the Manual of Forensic Odontology.
in Redlands, Calif. She participated contributes an up-to-date overview of Mr. Berman is a canine behavioral
in the identification efforts after bite-mark analysis and discusses the consultant and trainer providing
9/11 and is a consultant with the current recommendations, concerns expert witness services for forensic
California Department of Justice. and opinions on this important issue. investigations and litigations of dog bites
Drs. Cardoza and Wood combined Forensic dental age estimation and pet-related injuries, specializing
their experiences in “Atypical Forensic is a subject that is probably new to in Rottweilers and pit bulls. He has
Dental Identifications.” As the title most readers. Dental age estimation is participated in more than 700 cases.
implies, actual interesting identification important not only in identification It is the hope of this guest editor that
cases are presented with photographs. efforts but also in estimating the age readers will gain further information
Dr. Cardoza has a general dental practice of an individual who may enter the concerning forensic odontology. This
in El Cajon, Calif., and is a forensic criminal justice system without papers. issue can also serve as a reference for
consultant for Imperial and San Diego Is he/she a juvenile or an adult? James those in forensic fields outside of dentistry
counties and the California Department Lewis, DMD, and David Senn, DDS, such as law enforcement and pathology. ■
of Justice. He is a frequent presenter in co-authored “Forensic Dental Age
the field of forensics to local, state and Estimation: An Overview.” Dr. Lewis
national dental societies/associations. practices general dentistry in Madison,
California State Assemblyman (District Ala. He is the forensic dental consultant
2) Dr. Wood is the forensic dental to the Alabama Department of Forensic
consultant to five North Bay California Sciences in Huntsville. He also directs
counties. As the founding director of the the dental age estimation workshop for
California Dental Identification Team the ABFO. Dr. Senn is a past ABFO
(CalDIT), he also participated in the president. He is a clinical assistant
Disaster Mortuary Operational Response professor at the University of Texas
Team (DMORT) identification efforts Health Science Center at San Antonio
in 9/11 and post-Hurricane Katrina. and is the director of the Center for
Dr. Golden authored “Bite-Mark and Education and Research in Forensics
Pattern Analysis.” He practices general (CERF). Drs. Lewis and Senn also
dentistry in Rancho Cucamonga, Calif, co-authored the chapter on dental age
and is an ABFO past-president and a estimation in the current edition of
past chair of the ABFO certification/ the Manual of Forensic Odontology.
examination committee. He is the Kenneth Cohrn, DDS, and Ron
chief forensic odontologist for San Berman, BA, CFE, wrote “The
Bernardino County as well as consultant Forensic Dentist: A Basic Overview
294 J U N E 2 015
forensic odontology
C D A J O U R N A L , V O L 4 3 , Nº 6

Overview of
Forensic Odontology
Roger D. Metcalf, DDS, JD, and Janice Klim-Lemann, DDS

AUTHORS

I
Roger D. Metcalf, DDS, Janice Klim-Lemann, t’s 8 a.m. on Monday, and you’re all required basic science information and
JD, is a forensic dentist DDS, is a general dentist ready to start on a 10-unit crown and critical clinical skills, the amount of time
practicing in Fort Worth, in Fontana, Calif. She has
bridge case. But suddenly your office available for introduction to niche areas
Texas. He is the full-time been a forensic dentist for
forensic odontologist and 10 years and assisted at the manager appears at the operatory door such as forensic dentistry has become
director of the human World Trade Center after and wants to speak with you now. Out very limited. Many practitioners may not
identification laboratory 9/11, helping to identify in the hallway she tells you that there’s be completely aware of the full spectrum
for the Tarrant County victims. She is a diplomate a deputy from the sheriff’s office waiting of practice encompassed by modern
medical examiner’s district. of the American Board
in the reception area. He’s presented a forensic dentistry, also known as forensic
He is board certified by the of Forensic Odontology
American Board of Forensic (ABFO), a fellow of the subpoena and would like to have Mrs. odontology. Most dentists probably know
Odontology (ABFO) and is American Academy Jones’ dental records. Your mind races … that unidentified human remains can
the immediate past-chair of of Forensic Sciences you begin to think: “Why does he want be identified via dental records in some
the ABFO Certification and (AAFS), a member of her records? Did I do something wrong? way. And, some are also likely aware
Examination Committee. He the American Society
Do I need to call my attorney? Maybe my that occasionally when a defendant was
is currently the president- of Forensic Odontology
elect of the American (ASFO), the California malpractice insurance carrier? Do I have convicted of some heinous crime, part
Society of Forensic Dental Identification Team to give him the records? Let me think … of the evidence presented at trial by the
Odontology. (CalDIT) and the California what treatment did I do for Mrs. Jones?” prosecution was a bite-mark analysis. To
Conflict of Interest Society of Forensic Dentistry Those were exactly the types of be sure, the majority of cases that forensic
Disclosure: None reported. (CSFD).
questions running through our minds dentists are involved with center on either
Conflict of Interest
Disclosure: None reported. the first time dental records for one of the identification of human remains or
our patients were requested by a medical a bite-mark analysis, but the broad field
examiner’s (ME) office for identification of forensic odontology encompasses
purposes.1 If and when this ever far more than just those two areas.
happens, once your initial angst So, how much more? And exactly
subsides, you will find that the field of what does it cover? Who are these
forensic dentistry is very fascinating “forensic odontologists”? Where can one
— not as it is portrayed on television learn more about this interesting field?
shows — but fascinating nonetheless. How can one become more involved as
As our dental schools’ curricula are one of these dentists-turned-detectives?
now packed with courses emphasizing We’re glad you asked.
J U N E 2 015  295
forensic odontology
C D A J O U R N A L , V O L 4 3 , Nº 6

Identification of Human Remains has given his or her opinion and individual from his or her siblings
via Dental Records made a recommendation, the actual (unless, rarely, a known antemortem
A serial killer has been on the loose, certification of a decedent’s identity falls sample of the decedent’s own DNA is
and the police have tracked him down and to either the coroner/ME or a judge. available for a direct comparison) and
surrounded him in a cabin in the mountains. It has been said that teeth are the cannot distinguish between identical
A fire accidentally breaks out at the scene part of a human body most susceptible to twins. Analysis and comparison of
and completely burns the cabin to the ground. disease during a person’s life, yet are the mitochondrial DNA profiles is less
Human remains are recovered, but are not most durable part after a person’s death. powerful statistically than comparison
visually identifiable due to thermal damage. This characteristic makes the dentition of nuclear profiles. Another limitation
In addition, the decedent’s fingers have been extremely useful for identification is the relatives being compared using
burned so badly a fingerprint comparison purposes. Severely decomposed or burned mitochondrial DNA must also be
for identification is simply not possible. Law individuals are commonplace in most maternally related to the decedent.
enforcement and the public are anxious to morgues. It is with these types of cases Both mitochondrial and nuclear DNA
know if the deceased person is indeed the that the forensic odontologist can be analyses are relatively expensive to
wanted serial killer — and they want to know perform and, due to backlogs in many
now. The media quickly reports the decedent government labs, it may take an
has been positively identified as the wanted inordinate amount of time to get the
suspect, and the identification was made by results. Forensic dentists can render very
a forensic odontologist using dental records.
Forensic odontologists valuable assistance in these situations.
While this is the sort of scenario that is can easily distinguish Forensic odontologists can easily
probably the best known to the public, it between siblings distinguish between siblings and even
is just one part of the forensic odontology and even between between identical twins. If suitable
discipline. Forensic odontology is one of antemortem records can be located,
the five methods generally accepted for identical twins. identification of remains using dental
forensic identification of unidentified records may be possible and can be
remains in most U.S. jurisdictions. In performed quickly, reliably and on
addition to identification via dental a cost-effective basis. However, the
records, the other four methods are: most helpful in establishing identity, downside is that some information
■ Visual ID either by a relative as visual identification is usually not must be known about the tentative
or by use of some acceptable possible, or the decedent’s fingers may identification of the decedent in order
photo document. be too damaged to obtain satisfactory to interview family or friends to learn
■ Identification by fingerprint postmortem fingerprints. Complicating the identity of the treating dentist.
comparison. the situation further, even if suitable Sometimes that information is readily
■ Identification by anthropological postmortem samples can be obtained, available and sometimes it is not.
means (typically comparison known antemortem fingerprints for Sometimes the treating dentist can
of ante- and postmortem comparison simply may not be available. easily be located, sometimes not.
medical radiographs). Nuclear DNA may be too degraded to The forensic odontologist called to
■ Identification by analysis and develop a satisfactory postmortem DNA the morgue will perform many dental
comparison of DNA samples. profile of the deceased or an antemortem examination procedures, such as charting
There may be other methods that are DNA profile of the decedent or the existing restorations, missing teeth and
acceptable in some limited circumstances, decedent’s family members may not be taking radiographs and photographs,
such as identification by distinctive available for comparison. Additionally, just as if the decedent were a living
marks or tattoos on the decedent’s even if the decedent’s nuclear DNA patient in the office. However, unlike
body, or identification by comparison profile can be developed and compared with a living patient, certain conditions,
of serial numbers on implanted surgical to a family reference sample, the such as rigor mortis or advanced
hardware or cardiac pacemakers. It should typical parentage-type nuclear DNA decomposition, can make the postmortem
be noted that once the odontologist analysis cannot distinguish a particular examination rather challenging.
296 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

If the putative decedent’s treating the celebrated “Midnight Ride.” Gen. a computer’s hard drive. In California,
dentist can be located, and if appropriate Warren was later killed in the legendry dentists are not required by statute
records are obtainable, the odontologist Battle of Bunker Hill (which actually to archive records, but the American
will compare the ante- and postmortem took place mostly at Breed’s Hill). His Society of Forensic Odontology (ASFO)
records. Depending on convention in a body was mutilated and roughly buried has issued a position paper on records
particular jurisdiction, the odontologist by the British in a mass grave. His retention that encourages dentists to
may take the lead in locating and family later wanted to exhume his body maintain and archive all dental records,
obtaining antemortem records or so he could be reburied properly with particularly radiographs, indefinitely.
the ME/coroner investigators may be appropriate recognition. His remains were One of the seminal, defining moments
responsible for obtaining these records. eventually recovered by his brothers and in the development of organized forensic
The three things an odontologist identified as Dr. Warren by Paul Revere, dentistry in the U.S. was the Big
will look for when comparing these who was a dentist as well as silversmith. Thompson Canyon flood that occurred
written and radiographic records are Revere reportedly had made a dental on July 31, 1976, in Colorado. It has
consistencies, explainable inconsistencies prosthesis from a walrus tusk for Warren. been described as one of the worst flash
and unexplainable inconsistencies. floods in U.S. history. One hundred and
Consistencies are, of course, conditions forty-four victims lost their lives and
that are the same between the ante- and five people were never found. Forensic
postmortem records. Inconsistences are dentists participated in identifying the
conditions that are not the same between
The trained forensic deceased, and this was reportedly the first
the antemortem and postmortem records odontologist will occasion a computer program was used to
— for example, tooth No. 3 may have compare the antemortem assist in comparing ante- and postmortem
an O amalgam noted in the antemortem dental records. In addition to natural
and postmortem records
chart, but is found to have an MO disasters such as floods, forensic dentists
composite upon postmortem exam. This is tooth by tooth. will also be mobilized to assist with
an inconsistency, but it is explainable by identification of victims in a number of
the normal course of dental treatment and other large-scale incidents — including
does not rule out a positive ID. However, natural events such as a tsunami or
if tooth No. 14 has had a full crown placed In today’s world, the final forensic earthquake or man-made disasters
antemortem, but is a virgin tooth on dental opinion usually relies on the such as the intentional and criminal
postmortem examination, then this would comparison of postmortem records destruction of a populated skyscraper
be an unexplainable inconsistency that to antemortem records. Thus, it is or airliner. In these cases, the dentally
would preclude a positive ID, assuming extremely disheartening for the ME/ related disaster victim identification
the ante- and postmortem records are coroner investigator or the forensic (DVI) procedures employed are still the
accurate and correct. The trained forensic odontologist to obtain information from same dental identification procedures
odontologist will compare the antemortem the putative decedent’s family about the used when identifying a single individual
and postmortem records tooth by tooth decedent’s dentist, only to locate and call at the morgue, but with the organization
and develop an opinion as to whether or that dental office and be told “Oh, I’m and logistics on a larger scale. Duties
not the comparison results in a positive ID. so sorry, we saw that patient for several may be shared and delegated among
One of the most well-known years, but his films and records were many dentists with a formal organization
early cases of dental identification of shredded a couple of years ago.” Please hierarchy implemented. The dentists
unidentified remains, and probably the archive and don’t destroy your patients’ may be deployed to a distant, remote
first in North America, is that of Gen. old records. While we understand that site where the infrastructure of basic
Joseph Warren of Massachusetts. Gen. traditionally archiving hard copies of utilities has been destroyed or is literally
Warren was a patriot, physician and charts and films can be a bit cumbersome, nonexistent, rather than reporting to a
distinguished military leader during in today’s computerized world, long- morgue near home. Several government
the Revolutionary War, and was the term storage of digital files and images agencies with overlapping jurisdictions
colonial leader who sent Paul Revere on essentially requires only some space on may be involved in a large incident,
J U N E 2 015  297
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C D A J O U R N A L , V O L 4 3 , Nº 6

perhaps local, state and federal, and the coroner/ME offices, whereas participation Bite Marks
incident might be treated as a criminal with NCIC may be mandatory for the A baby is brought to the hospital having
investigation. If the incident is very large agencies by statute. The advantages of suffered several serious injuries including
scale and involves international victims, NamUS versus NCIC are that NamUS broken ribs and broken limbs. The emergency
agencies of other countries may expect is more “user friendly,” and the missing department physicians and nurses are
to be involved in the investigation, as persons’ component of NamUS is immediately suspicious about the mother’s
well. The time frame for resolution of accessible to the public for data entry explanation of the wounds — she says the
the incident may be on the order of and perusal. Dentists may be requested to baby fell off of a couch onto a carpeted floor.
weeks to months instead of a few hours provide a patient’s records to an agency The police detectives consider her boyfriend a
or days. Media scrutiny may be intense. so the information can be uploaded, “person of interest.” Unfortunately, the baby
Dentists also may be asked by or may even be asked to prepare the dies. The coroner is duly notified and takes
investigators or family members to assist NCIC or NamUS entry for the agency. jurisdiction of the decedent. At autopsy, the
with a missing person or unidentified The Health Insurance Portability and forensic pathologist notices injuries consistent
person case by releasing a patient’s Accountability Act of 1996 (HIPAA) with a sexual assault. Additionally, there are
records to the appropriate authority, several injuries that resemble human bites.
such as a police department or coroner’s The coroner calls in a forensic odontologist.
office. Information about a missing The forensic odontologist examines the baby
person, including a dental profile, may and takes photos of these patterned injuries.
be entered in various databases by law
Bite-mark analyses Later, the photos are compared to dental
enforcement or another appropriate are extremely models from the boyfriend. The odontologist
agency. Coroner and ME offices may useful and powerful unequivocally excludes the boyfriend. Other
upload information about unidentified in excluding suspects must now be considered. DNA
human remains. The entries from both profiles developed from swabs of the bite-
the missing and the unidentified persons’ certain suspects. mark injuries and from the sexual assault
databases can be compared periodically examination taken at autopsy are later
to determine by various criteria if found to be consistent with the profile of the
there are potential matches between baby’s biological uncle. He is arrested and
them. One such federal database is the has a specific exclusion (CFR 45 charged with sexual assault and murder.
National Crime Information Center §164.512 (g)(1)) that allows a “covered This scenario depicts one of
(NCIC) operated under the Criminal entity” to release information about one the very important, and very often
Justice Information Services Division of its patients to a coroner/ME office overlooked, functions that a competent
(CJIS) of the FBI. Access to NCIC is for ID purposes without any consent forensic odontologist can serve in the
open only to approved law enforcement required (note that while the dental criminal justice system — protecting
agencies, and the information contained records do belong to the dentist, it is a the innocent. Bite-mark analyses
is not available to the public. California’s well-established law that such records are extremely useful and powerful
state database is administered in must be released to the coroner/ME upon in excluding certain suspects. While
Sacramento by the Missing and a properly presented request). For these exclusion of a suspect may not initially
Unidentified Persons (MUPS) division database comparisons to work properly, it seem important in the overall scheme
at the California Department of Justice is imperative that the dental information of things, it is profoundly important to
(DOJ). Another useful database is the be entered correctly. Training in NCIC the accused individual who is excluded,
National Missing and Unidentified and NamUS dental coding is available and is just as important to investigators
Persons System (NamUS) administered from the respective agencies as the seeking to apprehend the proper
by the University of North Texas Health proper coding of antemortem versus suspect. Further, a district attorney’s
Science Center in Fort Worth for the postmortem dental records is not always first job is to ensure that justice is
National Institute of Justice (NIJ). Entry intuitive or straightforward. A local done. No prosecutor has an interest
of information into NamUS is voluntary diplomate of the ABFO will be glad in pursuing an investigation against
for law enforcement agencies and to assist with this coding, as well. and prosecuting an innocent person.
298 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Not every suspicious injury examined and years later DNA analysis showed the and practitioners have improved over the
will turn out to be a bite mark and not convicted defendant could not have been years, and the current critical examination
every actual human bite mark will be the actual perpetrator. Some of those cases of this area of practice can only result in
suitable for analysis and comparison. are indeed inexcusable. However, note continued improvements. We believe
Before embarking on a bite-mark analysis that many of these cases were tried before an exciting new era in this forensic
or comparison, the analyst should be well today’s modern techniques and standard science area is about to begin with the
trained and well prepared. Bite-mark cases operating procedures were in place. Some recent appointment of the Odontology
are commonly involved with heinous of the early analysts essentially worked in Subcommittee of the National Institutes
crimes, such as the death of a child or a a vacuum, with little formal training and of Standards and Technology (NIST)
brutal sexual assault, and the stakes in these very little organizational support. Over Organization of Scientific Area Committees
cases are often high, literally, life-or-death the years, professional odontology groups (OSAC). We are confident the field of
consequences in states that have the death have recognized and learned from mistakes bite-mark analysis will survive the critical
penalty. The bite-mark analyst will most made in the early days. They have taken examination it is currently undergoing
likely be called to testify if the case goes to and are taking corrective and preventive because, even as detractors agree, it offers a
trial. It is not hyperbole to say these cases powerful method to exclude the innocent in
can be extremely stressful for all involved. many cases. Even if for no other reason than
In some bite-mark cases, the just that one alone, the field should not
odontologist may be able to opine to be abandoned. The modern discipline of
some particular degree of belief that a
Consultation and bite-mark analysis and comparison is simply
certain suspect may have made the bite collaboration with not practiced the same way it once was, and
mark on a victim (note that occasionally competent peers when one is we believe frank and careful evaluation of
the roles may be reversed and the crime this forensic specialty will ultimately result
analyzing a bite-mark case
victim may have bitten the suspect). in many more desirable improvements.
Such linkage can be very important in are strongly encouraged. In consideration of the foregoing, it is
an investigation, as this could indicate our suggestion that one should not take a
in some instances the suspect was with bite-mark case lightly or without carefully
the victim perimortem (i.e., around the considering the potential ramifications.
time of death), a temporal finding DNA actions. In fact, it has been members of The consequences of a bite-mark analysis
cannot show. Additionally, a bite mark the ABFO who have provided requested gone wrong could be disastrous for all
could show the suspect used a great deal expert assistance to the wrongly convicted parties involved — including professional
of force to inflict an injury that caused defendant in many of these cases. The sanctions and even steep monetary
the victim pain and suffering. Further, challenges have been noted, taken to penalties, as there should be, for an
finding a suspect’s DNA on a victim heart and the pertinent issues are being incompetent odontologist found to be liable
may not be probative in a family/friend addressed. Standardized written guidelines, for performing a faulty bite-mark analysis.
situation (it might not be unusual to find recommended methods and procedures,
the suspect’s DNA on the victim in these vetted standards and best practices have Age Estimation
situations and vice versa), but presence been adopted and promulgated by the A house fire has claimed the lives of a
of a bite mark is not so easily explained. ABFO, the leading forensic odontology mother and her three sons. All four victims are
There have been some high-profile certification organization. Consultation very badly burned. The mother has had dental
bite-mark-cases-gone-bad that were and collaboration with competent peers treatment in the past and her dental records
publicized recently, which have made some when one is analyzing a bite-mark case are available. Because she is the only known
critics opine it is time for this discipline are strongly encouraged. Appropriate female adult in this incident, her remains are
to be discarded. Most of these cases seem fundamental research in the subject is quickly identified by the odontologist. However,
to be when the forensic odontologist being proposed and performed. Very after the mother and father divorced several
involved testified that the suspect made stringent requirements must be met in years ago, she had not taken the boys, ages
a bite mark on the victim, the suspect order to challenge the ABFO certification 6, 10 and 14, to the dentist and no dental
was then convicted of a heinous crime, examination. The discipline has evolved records exist for the children. DNA reference
J U N E 2 015  299
forensic odontology
C D A J O U R N A L , V O L 4 3 , Nº 6

profiles are obtained from the father and from truth about their age, or with youthful- Organized Forensic Odontology
the mother’s remains. Analysis shows the appearing criminal offenders who lie about If after reading this introduction you’ve
DNA profile of each child is consistent with their age because juveniles are treated decided to explore the field of forensic
being a biological child of the father and the separately and more leniently in the legal dentistry a bit more, we certainly encourage
deceased mother; this routine DNA analysis, system than adults. There are various you to do so. Please read the other articles
however, cannot specifically individualize the dental development charts and software written by well-regarded practitioners in
remains. The best this analysis can tell us programs available for the odontologist this issue. Check out organizations such
is that the child is a child of the parents, but to use for estimating the age of a living as the American Society of Forensic
not which child he is. In addition, because subject. However, these methods all Odontology at asfo.org or a certification
the remains are so badly burned, size of the typically involve analysis of radiographs organization for forensic odontologists such
remains is not a reliable indicator of which of the subject’s teeth. Obtaining dental as the ABFO at abfo.org. California has
child is which. The forensic odontologist is radiographs that are not for a true the most board-certified odontologists of
able, though, to provide a straightforward diagnostic or therapeutic purpose, but all 50 states; locating a nearby odontologist
prediction of which child is which based that are strictly for an administrative to answer your questions should be
on dental age estimation procedures. fairly straightforward (check the ABFO
The two primary areas of forensic website for members and their locations).
odontology practice traditionally have California has a rich heritage in forensic
been identification of human remains and odontology beginning with true giants in
bite-mark analysis and comparison. Age
Remember, forensic the field such as the late Reidar Sognnanes,
estimation also has been performed by odontology in the real DDS, MS, PhD, and Gerald Vale, DDS.
forensic dentists for many years, but has world is not as it is Norman “Skip” Sperber, DDS, is one of
recently become an increasingly important portrayed on television. the founders of the ASFO and an early
area of odontology. For example, diplomate of the ABFO. He was a first
estimation of the age of human remains It is not easy and sanitary. co-editor of the ASFO Forensic Odontology
can assist in determining the identity Workbook, the book destined to evolve
of an unidentified decedent. There into the highly regarded ASFO Manual
have been many methods developed of Forensic Odontology (to order a copy
for predicting the age of an individual proceeding such as estimating the age of a of the current edition go to the ASFO
based on his or her dentition. Some of person for an immigration investigation, website). Join the ASFO and the American
the characteristics evaluated involve is considered by many to be unethical for Academy of Forensic Sciences (AAFS,
measurements such as root transparency, the practitioner, and is actually illegal aafs.org). If you are really serious about
which requires the sectioning of a tooth, in some jurisdictions, as well (see Texas pursuing forensic odontology, fulfill the
or measuring and counting certain Administrative Code §289.227(c)(2); qualifications and take the examination
internal anatomical landmarks within consider whether or not the subject is to become board certified by the ABFO.
a tooth. These destructive methods are actually a patient of the odontologist). It is by no means an easy or quick process,
appropriate only for deceased subjects. The estimate provided by many of these but is very gratifying. In the future it is
However, the recent area of interest has methods may be given as either a point possible board certification may be required
been estimating the age of living subjects. estimate with standard error, such as in order to practice in the discipline. You
Pedodontists and orthodontists have an “10 years ± three years,” or might be a might look at applying for membership
armamentarium of various methods to use point estimate with a probability, such with a DMORT team — the federal
for estimating the dental age of patients, as “there is a 65 percent probability Disaster Mortuary Operational Response
and some of these have been adapted this person is 16 years old.” This type Teams. These regional teams are deployed
for forensic use. For odontologists, the of estimation range may be acceptable in the event of large-scale disasters such as
request for an age assessment can arise in civil legal cases, but may not be hurricanes, tornados or floods. There are
in cases such as refugee children who do accurate enough for use in criminal also state ID teams such as the California
not know their own true age, in cases of cases. Age estimation is currently a fairly Dental Identification Team (CalDIT)
illegal immigrants who do not tell the active area of odontology research. and the California Society of Forensic
300 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Dentistry (CSFD) you might explore. deceased victims, especially children, better feeling than being able to help in
One way to get a good introduction to is overwhelming for some. The mental some way, be it with law enforcement or by
this discipline is to attend a training stresses are great. The crimes we are witness assisting a family in getting closure to some
course such as the biennial Southwest to are often horrific. Frankly, no one is very awful, tragic event in their lives and
Symposium on Forensic Dentistry, held likely to become rich from practicing helping them begin the healing process. ■
in even-numbered years at the University forensic odontology. In fact, a very
REFERENCE
of Texas Health Science Center at San significant investment of time and money 1. The local medico-legal authority may vary from jurisdiction
Antonio Dental School (utforensic.org). for training may be required in order to get to jurisdiction. In some states the Medical Examiner is the
Remember, forensic odontology in started in the field, and one might spend investigating authority, while in others the Coroner is the
official designated to investigate sudden, violent, or otherwise
the real world is not as it is portrayed a lot of time as an unpaid “volunteer.” unexpected deaths. In California, for example, the Coroner’s
on television. It is not easy and sanitary. To be blunt, it is not easy to establish Office is administratively a part of the Sheriff’s Office in many
Sometimes it is physically demanding work oneself and practice in the field of forensic counties. See California Government Code §27490-27512.

under the most challenging conditions. odontology, and there are only a handful THE CORRESPONDING AUTHOR, Roger D. Metcalf, DDS, JD, can be
Sometimes we are deployed to remote of full-time positions available in the U.S. reached at rmetcalf@tarrantcounty.com.
locations with no basic amenities. The You might be wondering, “Why do you
condition of the remains is often very do it?” Because, for those of us who choose
unpleasant. Dealing with so many to practice forensic odontology, there is no

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J U N E 2 015  301
2015
M A S T E R
E S T H E T I C
DENTISTRY
C O N T I N U U M
September 13, 2015 - June 6, 2016

Loma Linda University Division of Continuing Dental This comprehensive Continuum covers contemporary esthetic
Education is proudly presenting the Master Esthetic and restorative dentistry, from a view of the latest materials to
Dentistry Continuum (MEDC). The 2015 MEDC offers photographic skills and digital patient presentations, and will
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COURSE DIRECTORS SPEAKERS AND TOPICS


Viviane S. Haber, DDS ON-SITE ONLINE
(ALL DAY SUNDAY AND HALF DAY MONDAY) (90 MINUTE EVENING SESSIONS)
FACD, FIADFE, FPFA
Assistant Professor Nicholas C. Davis, DDS, David Hornbrook, DDS, FAACD, Steve J. Anderson
Restorative Dentistry MAGD, FAACD, FIADFE FACE The Art and Science for Case
September 13 and 14, 2015 February 21 and 22, 2016 Presentation
Loma Linda University Smile Design, Indirect Restorations Porcelain Veneers: Plan, Prep and Mark Estey, DDS
School of Dentistry Provisional Removable Partial Dentures and
Stephen R. Snow, DDS, FAAED Esthetics
October 4 and 5, 2015 March 13 and 14, 2016
Mastering Digital Dental Photography: Porcelain Veneers: Lab Viviane S. Haber, DDS, FACD,
Peter S. Young, DDS FIADFE, FPFA
Cameras, Computers, and Consultations Communication and Cementation Color Character
FAGD, FIADFE
George Freedman, DDS, Joseph Kan, DDS, MS Jim McGuire, CDT
Assistant Professor FAACD, FACD, FIADFE April 10 and 11, 2016 Shade Selection
Restorative Dentistry November 1 and 2, 2015 Decoding Anterior Implant Esthetics:
Steven R. Snow, DDS, FAAED
Dental Materials and Techniques: the Ortho-Perio-Restorative Simulation as a Diagnostic Tool
Loma Linda University New and Improved connection
School of Dentistry Marilyn Ward, DDS, FAGD
Fay Goldstep, DMD, FACD, FIADFE Corky Willhite, DDS, Teeth Whitening
November 1 and 2, 2015 FAGD, FACD, FAACD
Gerald Denehy, DDS, MS
Credit: 250 hours of CDE credit Diagnostics, Bioactive Materials and May 15 and 16, 2016 Direct Realignment - A Conservative
Tuition: $13,950 per person Remineralization Anterior Composites and Transitional Alternative to Orthodontics
Deposit of $7,000 required to Joyce L. Bassett, DDS, FAGD, Bonding: Non-traditional Composite
Dan E. Fischer, DDS
confirm registration; remaining
FAACD, FICDE Restorations for Major Occlusal and Adhesive Dentistry
amount due by September 1, 2015. Esthetic Changes
December 13 and 14, 2015 John Kois, DMD, MSD
Aesthetics Built to Last: The Synergy Steve J. Anderson The Kois Dentofacial Analyzer
For more information call the of Esthetics and Function in All June 5, 2016
Nelson A. Rego, CDT
Office of Continuing Dental Ceramic and Composite Applications The Art and Science for Case Which Ceramic When
Education at 909-558-4685 Ziv Simon, DMD, Presentation
Richard Trushkowsky, DDS, FAGD,
MSc, Dip.ABP Peter S. Young, DDS FICD, FACD, FADM, FPFA
January 24 and 25, 2016 FAGD, FIADFE Pathways for Restorative Success
Soft Tissue Esthetics and Essential June 5, 2016 - Class II Composite Resins and
Periodontal Procedures Being a Dental Leader Cements
dental identification
C D A J O U R N A L , V O L 4 3 , Nº 6

Atypical Forensic
Dental Identifications
Anthony R. Cardoza, DDS, and James D. Wood, DDS

A B S T R A C T Forensic dental identification specialists are typically the last


conventional option for postmortem identification. Forensic dental identification is
most often accomplished by comparing radiographs of the decedent’s teeth with the
dental radiographs obtained from the dentist of the suspected victim. Unfortunately,
antemortem dental radiographs are not always available. When presented with
this challenge, the authors of this article have been successful in completing
identifications using means other than dental radiographic comparison.

AUTHORS

F
Anthony “Rick” James D. Wood, DDS, orensic dental identification of the tooth but also the morphology
Cardoza, DDS, is a is a forensic dental
specialists are typically the of the roots, pulpal chamber and their
forensic dental consultant consultant for five Northern
for the County of San Diego California counties and last conventional option for relationship to their surrounding structures
Medical Examiner, Imperial the California Department postmortem identification. (i.e., sinus proximity, mandibular canal
County Coroner, California of Justice, Missing/ DNA is also utilized, but due proximity, interproximal bony trabecular
Department of Justice and Unidentified Persons Unit. to the high cost and the extensive patterns, etc.). Following the natural
director of the California He is a member of Disaster
time required for analysis, it is used dentition, if you add man-made dental
Dental Identification Team. Mortuary Operational
Conflict of Interest Response Teams, DMORT. sparingly or when absolutely no restorations, the unique combination for
Disclosure: None reported. Dr. Wood is also a member other option exists. Other forms of any given individual is greatly magnified.
of the California Assembly, postmortem identification include There are numerous reasons for
representing the second visual, personal effects, fingerprints, identifying the deceased. A legal
district.
scars, marks, tattoos, medical certification of death is necessary to
Conflict of Interest
Disclosure: None reported. radiographs and, of course, dental. consummate legal matters such as life
Forensic dental identification has insurance, business transitions, wills, etc.
been successful because of the nature There are family and personal reasons
of the human dentition. Enamel is the as well. In criminal investigations, it is
hardest substance in the body and the important to establish the identity of
only exposed portion of the skeletal the victim in order to proceed with the
system (FIGURES 1 and 2 ). Teeth are very criminal investigation and to identify the
resistant to thermal damage and blunt suspect. In a fire, bodies are often burned
force trauma, and the dentition remains beyond visual recognition (FIGURE 3 ).
stable during tissue decomposition. Personal effects are also destroyed or lost
The dentition is unique to a specific in a fire. Even if the personal effects are
individual. This includes not only the recovered, they may not be considered
morphology of the coronal portion reliable due to the typical calamity that
J U N E 2 015  303
dental identification
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 1. Orientation photo, mummified FIGURE 2 . Lateral view, resected jaws in occlusion. FIGURE 3 . Level five (cremated) postmortem burned
skeletonized human remains. remains.

FIGURE 5 . Postmortem radiographs.

FIGURE 4 . Antemortem radiographs.

surrounds a fire and fire suppression efforts. originals, are sent and have been either radiographs are not always available. In
A forensic anthropologist will examine poorly duplicated and/or are not labeled California, it is a common misconception
the remains of the skeletal system and right and left for orientation. In addition, that the legal requirement for record
can then estimate age, race and sex of the antemortem radiographic image retention is seven years when in fact
the victim. Positive identification is may be of poor quality due to improper California has no mandatory time interval
best performed by examination of the operator technique (cone cuts, overlapping for retention of records. As a result,
surviving dentition. In a fire where the interproximals, elongation/foreshortening, when the death investigator contacts the
temperatures may be very high (1,000° etc.) or poor processing (contrast, burned decedent’s dentist of record, the records,
C) even the dental remains may be images, etc.). When poor antemortem including the radiographs, are no longer
destroyed. Crowns may fracture or radiographs are compared to an ideal available. This forces the investigator
explode leaving only the roots. Roots postmortem radiograph, the two may not to pursue other options to successfully
may burn leaving only the enamel appear consistent. This could seriously complete the necessary postmortem
shell. The bone may also be completely hamper the identification effort. identification. When presented with
consumed leaving only scattered roots In forensic dental identification, this challenge, the authors have been
with no bony sockets for reference. we stress that good quality, properly successful in completing identifications
Forensic dental identification is mounted and labeled original antemortem using means other than dental
most often accomplished by comparing radiographs be sent for comparison. In radiographic comparison. The following
radiographs of the decedent’s teeth addition, copies of the victim’s dental cases illustrate some of these examples.
(postmortem) with dental radiographs treatment progress notes should be The first case is an example of a
obtained from the dentist of the suspected submitted as well. This allows the postmortem identification utilizing dental
victim (antemortem) (FIGURES 4 and 5 ). forensic dentist to verify dental treatment radiographic comparison to a medical
Ideally, the antemortem radiographs should that was performed subsequent to radiograph. The decedent, a 60-year-
be the original full-mouth series. Often the date of the radiographs. This may old white male, was seen in the parking
this is not the case. Children’s radiographs then explain the existence of a dental lot of a department store pacing around
are typically bitewings only unless they restoration that is not present in the his vehicle. Minutes later witnesses
have orthodontic records as well. Often antemortem films or a missing tooth. noted his vehicle engulfed in flames
times duplicate radiographs, not the Unfortunately, antemortem dental with him sitting in the passenger seat.
304 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 7. Antemortem medical FIGURE 8 . Postmortem periapical radiographs (tooth No. 30,
radiograph with dentition cropped and implant at No. 31).
enhanced.

FIGURE 6 . Antemortem medical radiograph


with mandibular dentition (tooth No. 30,
implant at No. 31) visible.

Bystanders attempted to extinguish the


fire and a 911 call was placed. Emergency FIGURE 9. Antemortem pretreatment maxillary FIGURE 10 . Postmortem maxillary model.
personnel responded and confirmed the orthodontic model.
death without intervention was due to
the obvious thermal injuries. A gas can
was found in the back seat. The autopsy
confirmed the cause of death as inhalation
of products of combustion and the manner
of death as suicide. The investigator
summoned the forensic odontologist to
complete a dental identification. Only
medical radiographs of the head and neck
were available. These radiographs were a
frontal and lateral skull series highlighting
a medical implant on the cervical
vertebra. The dentition was visible on
both radiographs but because of the
radiographic orientation, the lateral film
FIGURE 11. Palatal rugae comparison of antemortem to postmortem models.
showed the lower teeth more clearly and
with more detail (FIGURE 6 ). Tooth No.
30 (lower-right first molar) was restored been restored with a crown. Postmortem of palatal rugae. The decedents were
with a porcelain-fused-to-metal crown dental radiographs were taken and the involved in a motor vehicle collision. The
and had an endodontic fill with two posts positive identification was completed decedents’ SUV was stopped in traffic and
in both the mesial and distal roots. In based on the comparison of these dental rear-ended by an intoxicated driver who
addition, tooth No. 31 (lower-right second restorations (FIGURES 7 and 8 ). was driving home from an impromptu
molar) had been replaced with a dental The next case is an example of Christmas party. His full-size pickup
implant and healing cap but had not identification through the comparison truck was traveling in excess of 70 mph
J U N E 2 015  305
dental identification
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 14 . Comparison of antemortem to


postmortem models.

FIGURE 12 . Antemortem models of FIGURE 13 . Postmortem models of the


the edentulous mouth. edentulous mouth.

FIGURE 15 . Photographic stand and computer for


photographic superimposition.

when it impacted the SUV, causing both the orthodontist in Tijuana for possible We have commented on the
vehicles to spin around and then burst postmortem comparison. The driver of the uniqueness of the human dentition and
into flames. The driver of the truck was SUV had antemortem dental radiographs this extends to the edentulous. In this
able to exit his vehicle unscathed but both available from her dentist in San Diego. case, an elderly woman died in a fire that
occupants of the SUV were killed upon The investigator obtained those records consumed her mobile home and burned
impact. The bodies were charred to a level and the odontologist completed the her beyond visual recognition. During
four postmortem state (burned beyond dental identification that night. autopsy, it was discovered that she was
recognition). Identification by dental On the following night, the postmortem edentulous and was not wearing dentures at
record comparison would be necessary. The dental identification was completed for the the time of the fire. In many fires involving
medical examiner’s investigators worked passenger. The investigator had obtained people who wear dentures, the dentures
through the weekend procuring the the antemortem pretreatment orthodontic can survive depending upon the intensity
necessary antemortem dental records for models (FIGURE 9 ) and fortunately the and duration of the fire. California law
postmortem comparison. It was assumed postmortem condition of the oral cavity requires dentists to offer the option to
that because the passenger in the SUV was unaffected by the fire and was sound. patients of having a denture labeled with
was traveling to Tijuana, Mexico, for The jaws were resected, an alginate an identifying mark such as a name. This
an orthodontist appointment, adequate impression of the maxilla was taken and a label, while not sufficient evidence for a
dental records would be readily available. stone model was poured up to be separated positive identification, can contribute to
Unfortunately, this was not the case. at a later time. Once the model was a preponderance of evidence that allows
On Monday morning, the investigator trimmed and finished (FIGURE 10 ) a the coroner or medical examiner to make
discovered that the Mexican orthodontist comparison was made between the a judgment as to identification. In this
had not taken pre-orthodontic treatment antemortem and postmortem models. case, there were no dentures. However,
radiographs of any type. The only There were numerous consistencies in the the decedent was in the process of having
pretreatment records the orthodontist patterns of the rugae and this identification dentures made. Antemortem models
possessed were study models. It was decided was clearly to the level of positive of the edentulous mouth were made
to obtain the pretreatment models from identification (FIGURE 11 ). available for comparison (FIGURE 12 ).
306 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 17. Postmortem anterior dentition FIGURE 18 . Postmortem anterior dentition


superimposed onto antemortem photograph (100 superimposed onto antemortem photograph (50
FIGURE 16 . Resected maxilla in correct photographic percent opacity). percent opacity).
orientation.

Impressions were made of the edentulous photo nearby was crucial when taking was very fragile and powdery; it crumbled
victim using a polyvinyl-siloxane the postmortem photo of the resected when manipulated (FIGURE 19 ). Amongst
impression material with stock metal jaw. This is because the angulation of the this material were the enamel crowns of
denture trays. Stone models were photos must be duplicated in the X, Y and teeth and some associated dental amalgam
made for comparison (FIGURE 13 ). It Z (depth) axes for the superimposition to restorations. Relying on basic dental
became readily apparent that the many be correct and accurate. After shooting anatomy it was possible to determine that
anatomical features of the postmortem numerous photos, the best picture, which the dentition was from a single individual
edentulous mouth compared precisely captured the correct angles in all three (FIGURE 20 ). Antemortem dental X-rays
to the antemortem models allowing for planes, was achieved (FIGURE 16 ). were available from the possible decedent,
a positive identification (FIGURE 14 ). Next, using Adobe Photoshop digital but were of poor quality and a significant
If there are no dental records of imaging software, both the antemortem amount of dental work had been performed
any type available, photographic and postmortem images were cropped, after the films were made. Without the
superimposition has become another recent resized lifesize 1:1 (actual lifesize) ability to orient the teeth in an arch as
option with the advent of analysis using and then the postmortem image was they might appear in the mouth, a large
digital photo software. The following case superimposed onto the antemortem number of radiographs from varying
is an example of a dental identification image (F I G U R E 1 7 ). This image was faded angles were made of individual enamel
through photographic superimposition away in percent increments to reveal crowns for comparison. While the overall
of the maxillary anterior dentition. the underlying antemortem image. The evidence indicated that the identification
The body of an adult male who had ideal fade was 50 percent opacity, which could be considered possible, and that
been missing for approximately one month allowed both images to appear together the decedent could not be eliminated
was found next to his car at the base of and showed multiple consistencies in the from consideration, a single enamel shell
a 300-foot ravine. The body was in an dentition (F I G U R E 1 8 ). These multiple and its associated amalgam restoration
advanced state of decomposition and the consistencies allowed for a confidence became the subject of further scrutiny.
pathologist requested the identification be level of positive identification. After more than 20 exposures, an angle
completed by dental record comparison. Occasionally, the thermal damage from was duplicated that allowed for a positive
Unfortunately, there were no antemortem a fire has such devastating impact that identification based upon the unique
dental records of any type available. The there is little left of the human body that is characteristics of the amalgam restoration
investigator discovered that the family had recognizable as human tissue. In the early (FIGURE 21 ). The person providing the tip
just recently posed for family photographs. 90s, a 23-year-old woman disappeared from was a juvenile at the time of the murder.
These photos were shot by a professional a rural community in Northern California. His father murdered the young woman
photographer and were readily available. More than 20 years later, the local sheriff’s and forced his son to help him dispose of
The author obtained the photos and chose department was contacted by someone the body. The tipster feared for his own
the photo that best depicted the maxillary claiming to know where a body had safety and waited until his father had died
anterior teeth from canine to canine (teeth been taken and burned after a homicide. before leading authorities to the remains.
Nos. 6-11). At the medical examiner’s Provided with detailed maps of the area, The uniqueness of dental restorations
office, the author then resected the sheriff’s investigators found a small amount can be as critical as the uniqueness of the
maxilla and placed it on a photographic of charred material that was recovered for dentition as illustrated by the above case
stand alongside a table with a laptop analysis. The body had been burned along and the one that we will now describe.
that had the antemortem photograph with rubbish and the fire had burned for In 2013, a badly decomposed body was
(FIGURE 15 ). Having the antemortem a very long time. The recovered material recovered along the Marin coast, north
J U N E 2 015  307
dental identification
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 19. Human cremated remains. FIGURE 20 . Collection of dental evidence from cremains.

FIGURE 21. Antemortem to postmortem comparison FIGURE 22 . Gold “filling” (onlay) recovered
of amalgam restoration. in decedent’s home. FIGURE 23 . Postmortem mandible showing tooth
No. 18 with missing restoration.
of the Golden Gate Bridge. There
have been more than 1,600 confirmed
suicide victims who have jumped from
the bridge since it opened in 1937. It is
very likely that there are more victims
who were not witnessed or otherwise
confirmed as having jumped as well.
Personal effects and the circumstances
of discovery of this body were such that
investigators were able to find a possible
missing person that warranted further
FIGURE 24 . Postmortem mandible showing gold FIGURE 25 . Postmortem mandible showing gold
investigation. In this case, family and onlay seated in place on tooth No. 18. onlay seated in place on tooth No. 18.
friends had no information that could
lead to dental records. Interviews with
family and friends led to the discovery of itself a definitive identification because should be aware that even details that
of a gold filling that had fallen out there was no antemortem trail of evidence may seem insignificant at first could
and was saved in a plastic bag in the to confirm the source. The identification prove to be a critical clue in the identity
decedent’s apartment (F I G U R E 2 2 ). was determined by the coroner on the of an individual. Therefore, it is prudent
Examination and comparison to preponderance of evidence in the case to thoroughly document the existing
the remains showed that tooth No. 18 and in essence, the onlay was considered conditions of new patients and subsequent
(lower-left second molar) had what a personal effect by investigators. dental work. It is critical that the entire
appeared to be a lost onlay (FIGURE 23 ). original documentation be submitted to
When compared to the gold filling, it was Conclusions authorities when requested. In conclusion,
immediately obvious that the restoration While traditional dental it is important to remember that patient
fit the tooth extremely well and because identifications made by comparisons of privacy restrictions do not apply when
of the nature of the restoration it was antemortem and postmortem radiographic a person is deceased and authorities
highly unlikely that it could be associated evidence account for the vast majority request a decedent’s dental records. ■
to another individual ( FIGURES 24 and of identifications, unique details of the
THE CORRESPONDING AUTHOR, Anthony R. Cardoza, DDS, can
25 ). In this case, the positive association dentition captured in other ways can be reached at rickandkimm@cox.net.
of the onlay to the tooth was not in and lead to positive identifications. Dentists
308 J U N E 2 015
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C D A J O U R N A L , V O L 4 3 , Nº 6

Bite-Mark and
Pattern Injury Analysis:
A Brief Status Overview
Gregory S. Golden, DDS, DABFO

A B S T R A C T Bite marks are one component of forensic investigation requiring


subjective interpretation for determining unknown source evidence to a putative
suspect. Recent scrutiny has lead to questions about the scientific validity of
patterned evidence, bite-mark analysis in particular, and its role in judicial
proceedings. This article discusses some issues that persist in forensic circles and the
difficulties surrounding the field of bite-mark analysis that inherently must employ
human subjectivity in its execution of duty.

AUTHOR

T
Gregory S. Golden, o say that bite-mark analysis the teeth of defendant Walter Edgar
DDS, DABFO, received
has taken its rightful place Marx and a three-dimensional bite
his dental degree from
the Herman Ostrow in the history of forensic on the nose of 75-year-old homicide
School of Dentistry of the investigation would be an victim Lovey Benovsky. Marx was
University of Southern unwise statement. Little did convicted of voluntary manslaughter
California in 1975. He the Texas Court of Criminal Appeals partly as a result of the weight of the
became a diplomate of the
realize in 1954 (Texas v. Doyle) the bite-mark evidence, thereby setting the
American Board of Forensic
Odontology (ABFO) in impact a peek into Pandora’s box standard for cases involving bite marks
1982. In 1992, he became would have on the world’s judicial as evidence. In 1989, Theodore “Ted”
the chief odontologist for system of finding truth for the trier Bundy, a self-proclaimed serial killer, was
San Bernardino County and of fact when general dentist William executed. While normally a master at
continues to serve several
Kemp tied suspect James Doyle’s removing incriminating evidence from
Southern California counties
as a forensic consultant. teeth to a bite in a piece of cheese his victims, Bundy left a bite mark on
He is a co-director of left at the scene of a grocery store the body of Lisa Levy, a Florida State
CDA’s Committee on burglary. Twenty-one years later the University sorority coed. Several experts
Mass Disasters and the box was fully pried opened on the testified about that bite mark during
southern regional director
admissibility of bite-mark evidence in his trial, thereby reaffirming the value
for the California Dental
Identification Team. People v. Marx (Court of Appeals of of bite pattern injuries on human skin
Conflict of Interest California, Second Appellate District, committed during violent crimes.
Disclosure: None reported. Division Five, Dec. 29, 1975), wherein Much has happened since then.
three odontologists testified that Bite-mark evidence has been accepted
they could see similarities between during trials in every one of the United
J U N E 2 015  309
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C D A J O U R N A L , V O L 4 3 , Nº 6

States.1 With the acceptance of bite- In light of the historic blunders and Pros and Cons
mark evidence as part of the judicial the technological advances in forensic There are currently two factions with
process, hundreds of trials have given investigation since those earlier years, strong and equally opposing positions
credence to a diagnostic procedure that one might argue that that was then, this regarding bite-mark evidence. Those
the scientific community has accepted, is now. Largely that is true. Forensic who support bite-mark evidence are
even embraced, until recently. The science has a much better Occam’s razor dedicated to further research and its
emerging notoriety and recognition to deal with the solutions of proving guilt continued judicious application, and they
of bite-mark evidence brought to or innocence now that DNA profiling acknowledge its subjective limitations.
the field of forensic dentistry and its has come to fruition. Before DNA Most people in this group consist
participants was somewhat premature, typing and the evolution of improved of forensic dentists and prosecuting
in that the opinions of some of its photographic and analytical techniques attorneys, however, there is at least one
more enthusiastic members in their for tool marks, hair, handwriting, etc., defense attorney who is also concerned
efforts for “due diligence” overstepped investigators were limited by their own about the dominance of the current
their abilities to accurately interpret amount of experience and their ability to innocence movement.2 The forensic
what they were examining, much less experts have a unified goal — to improve
exercise sound judgment regarding their respective fields by conforming to
their opinions. As a result of a desire the rules of scientific investigation and
to “do the right thing” on the part of Forensic science has a to minimize bias from the subjective
a few forensic dentists, coupled with much better Occam’s razor elements inherent in the process. The
bungled police work, misidentification skeptics who arrogantly oppose bite-mark
to deal with the solutions of
from mistaken or bought eyewitnesses, evidence, specifically the Innocence
coerced false confessions, tunnel- proving guilt or innocence Project (IP), target bite-mark analysis
vision by investigators, unethical or now that DNA profiling within an extensive laundry list of
incompetent lawyers, uninformed has come to fruition. those other troubling areas of forensic
judges and phony science, the most science. They consider all human-based,
unspeakable of outcomes occurred. subjective pattern comparisons to be
Innocent people were sentenced to unreliable, and bite-mark evidence in
prison. Some 30 to 40 years after the interpret accurate pattern recognition. particular is, as one of their loudest criers
innocent person had been vindicated As for bite-mark injuries, considering says, “... the poster child of unreliable
and the true perpetrator identified, that the majority of them are evaluated forensic science.3” Not surprisingly, the
a review of how the damage was from an elastic medium such as human IP dislikes all forensic odontologists
undone is varied, including all those skin and are typically delivered under who engage in bite-mark analysis, and
reasons listed above for the original dynamic, variable conditions, one especially those who have rigorously
convictions plus more. Louise would expect to see certain inherent achieved board-certified status from
Robbins, a footprint expert whose distortions in the victim’s injury. This the most respected credentialing
self-proclaimed forensic abilities hypothesis has proven itself true. One organization that exists, the American
included her apparent talent to match would think that information alone Board of Forensic Odontology (ABOF).
a footprint on any surface to the would persuade forensic odontologists to Everyone in both factions recognizes
person who made it, appeared in more use extreme caution when attempting to that there have been errors committed,
than 20 criminal cases over a 10-year identify the perpetrator of a bite-mark so far in what has amounted to a
period. Her claims were vehemently injury, particularly when their opinion small fraction of the total number
contested and were ultimately may cause a significant impact on an of the hundreds of cases adjudicated
debunked. Other lab analysts individual’s freedom. It is with these throughout the U.S. courts wherein
purposely falsified test results and their thoughts in mind that this author will bite-mark evidence has been admitted
subsequent testimony to manipulate attempt to describe the current state into testimony. The IP has focused on
the trial outcome. Once exposed, of bite-mark evidence and analysis two dozen exoneration cases wherein
they immediately lost credibility. and explain where it is headed. it describes bite-mark evidence played
310 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

a part in the conviction of an innocent allowing bite-mark evidence in judicial Many of the wrongly convicted, once
person. A closer look into those cases proceedings, why then do they feel exonerated, are urged to civilly sue
shows that only 10 of them were it is necessary to ask members of the the expert dentist(s), the agencies and
reversed from DNA evidence, and not same targeted organization of experts jurisdictions that put them behind bars.
all of them had DNA collected from to assist them in the exonerations of The IP most likely takes its fair share
the bites.4 Additionally, in those cited those wrongly convicted defendants? of these generous financial awards.
cases where bite-mark evidence was On the surface, it would appear that As unrealistic as this may sound, a
present, the reversals came from various those hostile to bite-mark evidence, more unified and constructive approach
means other than DNA from the actual such as one IP attorney who refers to might be to have the IP and forensic
bite. Interestingly enough, if one were the admission of bite-mark evidence in experts work together toward the
to look deeper into those reversals one the case of NY v. Dean as “... a victory goal of improving the mechanism for
would find that many of the errors were for the flat-earth society,”5 and a former interpretation of scientific evidence
committed by the same handful of but now resigned ABFO diplomate and rather than perpetuate what to date
so-called “experts,” most if not all who prolific blogger who refers to bite-mark has been a one-sided vitriolic portfolio
have ceased analyzing bite-mark cases in of invectives. The source of the hate-
recognition of their own limitations. speak emanates from a collection of
One must also consider while there media wonks who put the negative
are no solid statistics, law enforcement In this author’s 35 years of spin on bite-mark evidence,8,9 often
case files are filled with scores of forensic work, numerous cases misinforming readers with inaccurate
instances where bite-mark evidence reporting of the entirety of the factual
with crucial bite-mark evidence
has lead to children, who would have details of the case, never mentioning
otherwise ended up dead, being removed helped bring closure to friends, those cases wherein bite-mark evidence
from an abusive environment. In this families and relatives of victims was crucial to an accurate judicial
author’s 35 years of forensic work, of abuse, rape and homicide. outcome or saving of a life. The conflict
numerous cases with crucial bite-mark continues to wage on. Most recently,
evidence helped bring closure to friends, the Washington Post chimed in with
families and relatives of victims of a four-part lambasting of bite-mark
abuse, rape and homicide. In similar experts as “skin readers,”6 would never experts and the notorious cases, most
cases, countless hours of court time invite board certified experts from the that occurred decades ago.8 Ultimately,
and taxpayer dollars have been saved same organization they attack to assist decisions regarding the admission of
by defendants’ plea bargaining rather them with their agenda. Yet they have. bite-mark evidence have been, and
than going to trial once confronted with To be fair, one lone director of the most likely will be, determined in
incriminating bite-mark evidence. IP recently stated, “Just because the each case by the Frye* and Daubert
Interestingly enough, when science has been abused doesn’t mean standards and the decision will land
enlisted for assistance by the IP, several it doesn’t have value. That’s not to say squarely in the hands of the courts,
odontologists certified by the ABFO that odontology is impossible. There because judges are the final gatekeepers
(this author included), have willingly are some strong conclusions that can be of admission of this type of evidence.
aided it in seeking freedom for the drawn from odontology and bite marks
wrongly convicted in an effort to right specifically. It’s just like any tool; you The NAS Report
those judicial travesties. And we did have to know how to use it properly.”7 In February 2009, the National
so pro bono. Knowing this fact one While the IP’s cause is noble, a deeper Academy of Sciences (NAS) issued its
might ask, if lawyers who work for look into its motivation for righting report, Strengthening Forensic Science in
the IP are so vehemently opposed to the miscarriages of justice is required. the United States: A Path Forward,11 as

*The Frye standard, Frye test, or general acceptance test is a test to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only
where the technique is generally accepted as reliable in the relevant scientific community. In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the Supreme Court held that the Federal
Rules of Evidence superseded Frye as the standard for admissibility of expert evidence in federal courts. (caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=509&invol=579 ) Some states,
however, still adhere to the Frye standard.9

J U N E 2 015  311
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C D A J O U R N A L , V O L 4 3 , Nº 6

a blanket government mandate for all


forensic investigators to conform to the
scientific community at large, and to
adapt to accepted scientific principles and
associated research. Since its publication,
there have been varied interpretations by
members of the same forensic community FIGURE 1. A pattern “suggestive of a bite mark” on FIGURE 2 . An adult dentition bite mark on the
the abdomen of a rape victim. Low evidentiary quality, shoulder of a female victim of a homicide. Dental
of not only exactly what the NAS report
no analysis required. arches and individual tooth markings are identifiable.
actually said, but what it meant for them.
High evidentiary quality, analysis should be initiated.
Either way, the fall-out was felt in every
corner of forensic investigative fields and
for now it seems to have forensic scientists and anesthetized pigs. Needless to say, must proceed. The NAS said so, but
productively working toward those controlled, long-duration biting of a there are conditions to be met first.
intended goals. In 2013, the National refrigerated cadaver with a pair of vice- Research on living subjects must
Institute on Standards and Technology grip-mounted study casts, (sometimes comply with rules established by certain
(NIST) developed several Organization having maxillary and mandibular models organizations such as the Institutional
of Scientific Area Committees (OSAC) from two people) will produce totally Review Board (IRB), a committee that
working in conjunction with the different data results than research assures in advance and by periodic
National Department of Justice to conducted on living people. As useful as review that appropriate steps are taken to
strengthen forensic science in the U.S. this research has been, bites on cadavers protect the rights and welfare of humans
Members of these committees and and anesthetized pigs can be manipulated participating as subjects in these research
subcommittees represent leaders in to produce distorted or nondistorted studies. Complicating the process are
the fields of DNA analysis, chemistry/ patterned injuries. Depending on what other agencies such as the National
instrumental analysis, IT/multimedia results the researchers want to end up Institutes of Health (NIH), the Forensic
evidence, crime scene/death investigation, with determines how the bites are made. Science Education Programs Accreditation
physics/pattern analysis, even forensic One would expect that research on Commission (FEPAC), NIST, NAS and
odontology. Information on these teams living subjects would produce even more the National Research Council (NRC), to
and their specific areas of scientific distorted bites. And therein lays just name but a few. Each of these agencies has
investigation can be found at nist. one part of the problem. Locating live an active role in authorizing, controlling
gov/forensics/osac/index.cfm. volunteers who are willing to participate and validating certain areas of scientific
in bite-mark research studies can be research and accreditation. This is not to
The Research like searching for a kid who wants a say future research in bite-mark analysis
Prior to the NAS recommendations, tetanus shot. Indeed, those who have on living humans is on a dead-end street.
several research projects in odontology volunteered have made some interesting, Quite the opposite is true. One recent
had been conducted to determine nonsupportive vocalizations while being scientific presentation15 and future research
important issues relating to the accuracy bitten at 90-100 pounds per square inch projects are currently being designed to
of bite-mark pattern injuries, such as (PSI) under controlled conditions. And address these ethical issues so that more
the uniqueness of human dentition12,13 as expected, the delivered bites contain realistic and scientifically valid data can
and the amount of distortion in skin varied amounts of distortion, size and be accumulated to answer the questions
during the act of biting.14 Results from appearance. What the data from these of the uniqueness of teeth and their
those studies have so far proven that live-subject tests have given researchers reliability for accurately transferring an
more and better-designed research is valuable insight into exactly how individual’s dental signature to living
is needed. Questions regarding the much pressure is required to deliver human skin under controlled conditions.
inherent limitations of several of these a sustainable bruise, and even more Most promising is the research on
studies were glaringly focused, in that profoundly, the inflicted pain victims collection of salivary DNA from bite
the predominance of that research must experience during violent criminal marks.16 DNA evidence always trumps
was conducted on human cadavers activity. Nevertheless, scientific research subjective interpretation or opinions by
312 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Injury

No analysis Suggestive of a Analysis


No comparison Not a bite mark Bite mark bite mark No comparison

Bite-mark comparison Bite-mark comparison


The biter Not excluded

Bite-mark comparison Can identify Arches Bite-mark analysis Bite-mark comparison


individual arches and/or individual May be done but not likely to
The probable biter and individual teeth teeth indistinct differentiate between biters
Excluded

Bite-mark comparison Bite-mark comparison


Not excluded Inconclusive
Similar or non-
Bite-mark analysis Distinctive dentition distinctive dentition
Bite-mark comparison
Excluded

Bite-mark comparison
Inconclusive

Bite-mark comparison
Not excluded
Open population Closed population
Bite-mark analysis
Bite-mark comparison of biters of biters
Excluded
Suspected If single suspected biter
Bite-mark comparison biters Create dental lineup
Inconclusive

FIGURE 3 . The ABFO flow chart (2013).

experts in any pattern injury analysis, Meeting the Evidentiary Threshold on the abdomen of a rape victim that
which is precisely why the current There are several requirements does not meet the threshold of useful
standard operating procedure for bite- to be met before a bite mark should evidence or the definition of a bite
mark investigation is to swab the bite be considered for analysis. The first mark.19 Although it is round and appears
for DNA first, before doing anything consideration is that the questioned to have been made by teeth, there
else.17 Another promising tool currently bruise is, in fact, identifiable as a bite. are no individualizing characteristics
under development by the ABFO is The source can be from an animal revealing tooth size or position evident
bite-mark proficiency testing.18 Testing or human. Because forensic dentists in the bruise. Once a bruise pattern
an expert’s ability to be a “skin reader” routinely see pattern injuries that mimic meets the criteria for being an actual
may raise a few eyebrows, but if designed bite marks, anything “suggestive of” bite mark, the second level to consider
properly, in the long run it should have or “not a bite” requires no analysis or before proceeding with analysis
a positive influence on the discipline. comparison. F I G U R E 1 is a bruise pattern addresses the quality of the bite mark.
J U N E 2 015  313
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C D A J O U R N A L , V O L 4 3 , Nº 6

The more individual characteristics should utilize the current version of dentists-who-describe-themselves-as-%E2%80%9Cskin-
reading%E2%80%9D-experts.
there are visible to the observer (i.e., the flowchart to its best advantage. 7. Simpson A. Director, California Innocence Project.
separate and distinct arches, identifiable And, as a secondary fail-safe measure, 8. www.washingtonpost.com/news/the-watch/
tooth marks, etc.), the more likely the the ABFO now mandates that the wp/2015/02/13/how-the-flawed-science-of-bite-mark-
analysis-has-sent-innocent-people-to-jail.
pattern injury will be useful as evidence primary investigator seek additional 9. news.yahoo.com/ap-impact-bites-derided-unreliable-
(F I G U R E 2 ). F I G U R E 2 represents a methods and conclusion corroboration court-150004412.html.
human adult bite on the shoulder by independent analyses from other 10. en.wikipedia.org/wiki/Frye_standard.
11. www.nap.edu/openbook.php?record_id=12589.
of a homicide victim. Maxillary and equally qualified or more experienced 12. Miller R, et al. Uniqueness of the Dentition as Impressed
mandibular arches can be determined, experts. The review is done blind, in Human Skin: A Cadaver Model. J Forensic Sci 2009: 54
as well as the individual teeth present without the other experts knowing any (3): 909-14.
13. Kieser JA, et al. The uniqueness of the human anterior
in both arches. A third consideration details of who the suspected biter(s) dentition: a geometric morphometric analysis. J Forensic Sci
is the population of suspected biters. A is or other circumstances of the case. 2007; 52 (3): 671-7.
defined population is one in which there To summarize, forensic investigators 14. Bush M, et al. Biomechanical Factors in Human Dermal
Bitemarks in a Cadaver Model. J Forensic Sci, 2009: 54
are a limited number of suspects, usually tasked with the specific fields of pattern (1): 167-76.
targeted by law enforcement, social analysis realize that in the short 15. Senn D, et al. High-Speed Videography of Simulated
services or health care providers. The run there will be limitations on the Human Bites on the Skin of Living Humans. AAFS Scientific
Session, Odontology Section, 2014.
more differences there are between the acceptance of their opinions in court 16. Sweet DJ, et al. An improved method to recover saliva
suspect’s alignment and number of teeth, because their evaluations have, by from human skin: The double swab technique. J Forensic Sci
the more likely the actual suspected nature, a subjective component. With 42:320-322.
17. ABFO Reference Manual, January 2015.
biter can be identified. An undefined the exception of automated fingerprint 18. Minutes from ABFO Bitemark Committee meeting.
population presents a greater problem identification, the development February 2014, in conjunction with Occupational Research
in that there is no limit to the number of nonbiased computer analysis of Associates Inc.
19. ABFO Reference Manual, January 2015.
of suspected biters. These prerequisites latent patterned evidence is relatively
drive the analytical process and are still in its infancy. Whether or not THE AUTHOR,
Gregory S. Golden, DDS, can be reached at
necessary steps for the investigating scientifically based devices and testing medich@aol.com.
odontologist to evaluate prior to the methods are developed that serve to
analysis and comparison of putative brace the underpinnings of bite-mark
suspected biters before developing analysis will determine its lifespan in
conclusions or linkage to them. the future, and whether or not it will
F I G U R E 3 represents the initial continue to be accepted in courts. For
version of the ABFO bite-mark analysis the most part, it would appear that in
flowchart. Since its acceptance, and spite of previous mistakes, the research
due to recent validation studies done is heading in the right direction. The
by the ABFO, acknowledgment that scientific evolution of man’s knowledge
a more refined and scientifically is always a work in progress. ■
verifiable version is necessary. The next
version will have significant changes REFERENCES
1. Pretty IA, Sweet DJ. The Judicial View of Bitemarks
that should minimize interexaminer Within the United States Criminal Justice System. J Forensic
error. In the meanwhile, odontologists Odontostomatol vol. 24, no. 1, June 2006.
are encouraged to follow the current 2. Smith A. In Praise of the Guilty Project: A Criminal
Defense Lawyer’s Growing Anxiety About Innocence
flowchart from the top down. Doing Projects. Georgetown University Law Center, 2010
so provides critical decision points scholarship.law.georgetown.edu/facpub/876.
for directing the investigating 3. www.innocenceproject.org/news-events-exonerations/
bite-mark-evidence-deemed-unreliable.
odontologist in a scientific and logical 4. www.law.umich.edu/special/exoneration/Pages/about.
step-by-step path toward accuracy. aspx.
For now, regardless of one’s practical 5. http://wrongfulconvictionsblog.org/2013/09/06/a-
victory-for-the-flat-earth-society.
experience, bite-mark analysts 6. bitemarks.org/2011/03/30/the-inane-responses-of-

314 J U N E 2 015
age estimation
C D A J O U R N A L , V O L 4 3 , Nº 6

Forensic Dental Age


Estimation: An Overview
James M. Lewis, DMD, DABFO, and David R. Senn, DDS, DABFO

A B S T R A C T Forensic age estimation is a scientific process that estimates an


individual’s true chronologic age by assessing skeletal and dental development
and maturation. Although human growth and maturation is unique to each
individual, dental techniques for estimating age are currently considered the best in
assessing true chronologic age particularly during the age range when the dentition
is undergoing morphologic development. This article reviews the principles,
methodology and commonly used techniques in forensic age estimation cases.

AUTHORS

A
James M. Lewis, DMD, David R. Senn, DDS, lthough the first recorded Age estimation theory can be
DABFO, is a forensic dental DABFO, is the director of use of dental age estimation categorized into three basic scientific
consultant for the state of the Center for Education
is attributed to the Romans rationales: formation and growth
Alabama, a fellow of the and Research in Forensics
American Academy of at the University of Texas for use in assessment of age changes, postformation and maturation
Forensic Sciences and the Health Science Center at for military conscription, changes and biochemical changes.
age estimation committee San Antonio. He is a fellow scientific rationale was not applied Regardless of which scientific
chair of the American Board of the American Academy to dental age estimation until child rationale is employed in the assessment
of Forensic Odontology. of Forensic Sciences and
labor laws of the early 1800s prompted of age, its scientific basis can be explained
Conflict of Interest past president of the
Disclosure: None reported. American Board of Forensic a legal interest in assessing the true mathematically by the normal distribution
Odontology. chronologic age of children.1,2 Forensic curve, also known as a bell curve.
Conflict of Interest age estimation has many possible Morphologic development, histologic
Disclosure: None reported. applications in modern society. It and anatomic postformation changes,
can significantly aid the process of and biochemical changes of the dentition
identifying missing and unidentified conform to a process of random variation
individuals through estimation whereby these events generally occur
of the age at death; differentiate within a given time interval or age range.
clustered victims in mass disasters; aid At any given stage of development or
immigration service in the processing maturational change, the statistical results
of undocumented immigrants; help will cluster about the mean. There will
to determine eligibility of social always be individuals described as outliers.
benefits and questions of age of These outliers will decrease in frequency the
license; and assist the legal system further they are removed from the mean,
regarding criminal and civil matters and the results will occur symmetrically.
involving questions of legal majority. The measure of variability and risk of a
J U N E 2 015  315
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C D A J O U R N A L , V O L 4 3 , Nº 6

TABLE 1

Comparison of Two Age Estimation of Children Techniques


Demirjian et al. Moorrees et al.
Age range (where useful) Approximate age 3–14 years Birth to maturity
Weight assigned to each tooth Equal Individual
Radiographic Techniques
Error rate 80 percent confidence 95 percent confidence The Moorrees et al.,7,9 Demirjian et
Population studies Multiple Few al. and Mincer et al.11 radiographic
9,10

Limitations Fragmented cases Low number of techniques require the staging of the
and missing teeth population studies teeth based upon a tooth’s degree of
morphological development. When
using any of these methods, teeth that
TABLE 2
are malformed or have any associated
Adult Variable Checklist pathology should not be considered in
Variables Kvaal Maples Lamendin Prince/ Bang and Cameriere Cameriere the age assessment process. Moorrees
Ubelaker Ramm 2004 2007 et al. and Demirjian et al. techniques
Root translucency ✓ ✓ ✓ assist in the age estimation of children.
(intact) The Moorrees technique describes 14
Root translucency ✓ ✓ stages of tooth development and allows
(sectioned) for age assessment utilizing individual
teeth, while the Demirjian technique
Secondary dentin ✓
requires the staging of all seven teeth on
Periodontal ✓ ✓ the mandibular left side using an eight-
recession
stage system. TA BLE 1 compares and
Root length ✓ ✓ contrasts the differences between the
Radiograph ✓* ✓* ✓** Demirjian and Moorrees techniques.
In social benefit cases and cases of legal
*Radiographs taken from labio-lingual direction.
age of majority, age is most commonly
**Radiographs taken from both labio-lingual and mesio-distal directions.
assessed using the Mincer et al. technique
staging third molar development. For each
normal distribution curve is defined by Age Estimation Charts stage of development, these studies publish
another mathematical expression unique The age estimation charts statistical data on estimated age, standard
to each individual curve, its standard were developed through analysis deviation and probability of attaining
deviation. This allows the forensic of the remains of various skeletal age 18. Knowing the probability of the
investigator to not only provide authorities collections.4,5 These charts consider attainment of age 18 is most beneficial in
with an assessment of the estimated age neither the ancestral origin nor the immigration cases. However, in other cases
of an individual, but also to provide a gender of an individual when utilized of legal age of majority, the probability of
statistical range of age possibilities.3 in age assessment. When accuracy attaining any other age in question must
is paramount, it is crucial to utilize be hand calculated. Key factors in these
Formation and Growth radiographic age assessment techniques types of estimation of age cases include:
Techniques that utilize tooth that consider genetic factors (ancestry ■ Consideration of all teeth
formation and growth changes assist in and gender). Extreme environmental in the dentition.8
the age estimation of infants, children factors may also affect the growth and ■ Consideration of gender and
and adolescents. Tooth formation and development of the dentition and environmental factors.6
growth can be subdivided into progressive should be considered. Environmental ■ Use of the best ancestral population-
morphological changes describing factors may include nutrition, disease, specific study available.12
development of the tooth’s crown, root treatment of disease, habits, addictions ■ Consideration of the effects
and apex, and eruption sequence of and place of residence.6 Therefore, of ancestral admixture.13
the dentition. It should be noted that when possible, the statistical data ■ Utilization of multiple
eruption pattern techniques are less from the most closely associated technique modalities for
accurate compared to methods considering population study to the individual age estimation, including
morphological development of teeth.3 in question should be used. anthropologic methodology.3,6
316 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

known as stereoisomers designated as


“L” and “D” forms of the molecule. At
birth, only the L form of the amino acid
molecule exists systemically. Racemization
L-Aspartic Acid D-Aspartic Acid is the gradual and spontaneous process of
a stereoisomer pure solution converting
to a mixture of equal amounts of the
FIGURE 1. Racemization of aspartic acid.
L and D stereoisomers (FIGURE 1 ).
Racemization begins immediately at birth.
Postformation and Maturation restorative therapy, endodontic and Age can be estimated by measuring
Changes orthodontic treatment, trauma, decay, the degree of racemization that has
Once all osseous and dental growth and pathology, hyperocclusion and lack of occurred in a metabolically inactive
development has ceased, postformation an opposing dentition can affect some tissue.23 Tooth dentin is rich in aspartic
and maturation changes are all that remain or all of the postformation criteria with acid and assaying the degree of aspartic
to assess age. The six classic postformation the exception of root translucency.16 acid racemization within the tooth dentin
and maturation changes that occur in Popular adult dental age estimation has resulted in chronologic age assessment
teeth are attrition, periodontal disease techniques, including the Bang and with error rates as low as ± 3 years.24,25
sequelae, secondary dentin formation, Ramm,17 Maples (particularly the S and T
cementum apposition, root transparency formulas),14 Lamendin, et al.,18 Prince and Radioactive 14C
and root resorption. It is well-documented Ubelaker,19 Kvaal et al.20 and Cameriere et Although 14C dating has been an
that root resorption is the poorest of al.,21,22 all require destruction or sacrifice of archeological tool since 1949, it has
these indicators of chronologic age. Most dental tissue with exception of the Kvaal been developed as an age estimation
of the early researchers in dental age et al. and the Cameriere et al. techniques. tool relatively recently. When extensive,
estimation concluded that the ranking The Kvaal and Cameriere techniques above-ground nuclear testing began in the
of the efficacy of postformation criteria assess the radiographic tooth pulp volume mid-1950s, large amounts of radioactive
that correlate age from best to worst from the labiolingual aspect to estimate 14
C was released into the Earth’s
is root translucency, secondary dentin age. Therefore, these are the only adult age atmosphere until global treaties ceased
formation, attrition, gingival recession and estimation techniques ethical for use in the above-ground testing in the mid-1960s.
cementum apposition.14 However, there living. TABLE 2 contains the criteria required The 14C mixed homogeneously within
is some very recent research in the use of to perform the techniques listed above. the atmosphere and was incorporated
cementum annulations as an indicator into the tissues of plants and animals in
of age that may prove very useful in age Biochemical Changes amounts equal in concentration to that of
assessment.15 Cementum annuli are the The advantages of biochemical the current atmospheric levels. Knowing
concentric rings that can be seen within age estimation techniques are that the measured atmospheric levels of 14C
dental cementum upon viewing a cross they may be used in any age group during its release and understanding
section of the tooth root. These rings and offer a high degree of accuracy. the decay rate of 14C, date of birth can
represent the annual and cyclic deposition Disadvantages include time, expense be estimated from biologic tissues that
of dental cementum in mammals. and the sacrifice of tooth structure. are inert and biologically inactive.
Accurate adult dental age estimation Tooth enamel is rich in 14C and
necessitates careful tooth and technique Amino Acid Racemization is metabolically inactive. Forensic
selection based upon the dental material All living organisms utilize proteins as radiocarbon enamel analysis has resulted
available for analysis and any external the basic building block of their biologic in identifying the date of birth of humans
factors that may affect postformation composition. Structurally, these proteins to within an error rate of ± 1.6 years.26
criteria. The effect of ancestry and are comprised of amino acid sequences. Age assessment using this technique
gender is minimal on the progression All amino acids (except glycine) have is limited by the earliest above-ground
of root translucency and secondary two asymmetrical geometric forms that nuclear testing in 1955. The last tooth
dentin deposition. However, dental are mirror images of one another and are to complete its crown formation is the
J U N E 2 015  317
age estimation
C D A J O U R N A L , V O L 4 3 , Nº 6

Children Adolescents
(birth to puberty) (puberty to approximately age 20)

Living or deceased Living or deceased

Early adolescence Late adolescence

Developmental Developmental Developmental


radiographs radiographs radiographs

Moorrees, Fanning, Hunt Moorrees, Fanning, Hunt


Mincer et al.
Demirjian et al. Demirjian et al.
Anderson et al.
Mincer et al.

Adults

Living Deceased

Morphological and/or Morphological and/or Postformation changes


radiographs radiographs (extraction or extraction + sectioning)

Kvaal et al. (1995) Kvaal et al. (1995) Maples


Johanson (sectioning)
Lamendin et al.
Cameriere et al. pulp/ Prince, Ubelaker
Cameriere et al. pulp/
tooth ratio (2004 or 2007) Bang, Ramm
tooth ratio (2004)

Tooth development and


eruption charts and atlases Biochemical techniques
(before birth to young adulthood) (all age groups)

Ubelaker, 1989; London Aspartic acid racemization


Atlas, AlQahtani et al.,
2010 Radiocarbon (14C)

(requires extraction and


destruction of at least one tooth)

FIGURE 2 . Dental age estimation procedures.

318 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Cementum Increment Analysis. Journal of Forensic Sciences


third molar at approximately age 12. disease, medical treatment, habits and 522:(6)1334-1337, 2007.
Therefore, the earliest practical uses of ancestral admixture. The scientific 16. Johanson G. Age determinations from human teeth: A
this technique is on individuals born forensic community encourages the use critical evaluation with special consideration of changes after
fourteen years of age. Odontol Revy 22:1-126, 1971.
in or after 1943. However, a tooth of multiple techniques and repetitive 17. Bang G, Ramm E. Determination of age in humans from
enamel 14C level at historic baseline measurements to obtain maximum root dentin transparency. Acta Odontol Scand 56:238-244,
atmospheric levels would indicate that reliability.28 It is advisable, when 1970.
18. Lamendin, et al. A simple technique for age estimation in
the individual was born before 1943. accuracy is paramount, that the forensic adult corpses: the two criteria dental method. J Forensic Sci
In 2013, Alkass et al. detailed odontologist consider the additional 37(5):1373-1379, 1992.
research describing new possibilities use of medical and anthropological 19. Prince DA, Ubelaker DH. Application of Lamendin’s adult
ageing technique to a diverse skeletal sample. J Forensic Sci
for age assessment from teeth. When techniques to corroborate his or her 47(1):107-116, 2002.
used in combination, techniques results. Furthermore, strict adherence 20. Kvaal SI, Kolltveit KM, Thomsen IO, Solheim T. Age
evaluating AAR, 14C, 13C and 18O to technique processes as described in estimation of adults from dental radiographs. Forensic Sci Int
74:175-185, 1995.
along with DNA analysis of the human the literature must be observed. ■ 21. Cameriere R, Ferrante L, Cingolani M. Variations in pulp/
dentition have produced a genetic and tooth area ratio as an indicator of age: A preliminary study. J
geographic profile of individuals. This REFERENCES Forensic Sci 49(2):317-319, 2004.
1. Müller N. Zur Altersbestimmung beim Menschen unter 22. Cameriere R, Ferrante L, Belcastro MG, Bonfiglioli B,
profile includes information indicating Rastelli E, Cigolani M. Age estimation by pulp/tooth ratio in
besonderer Berücksichtigung der Weisheitszähne. MD Thesis,
sex, estimated year of birth, estimated University of Erlangen-Nürnberg 1990. canines by mesial and vestibular peri-apical X-rays. J Forensic
year of death, information regarding 2. Miles AEW. Dentition in the Estimation of Age. J Dent Res Sci 52(5):1151-1155, 2007.
42: 255-263, 1963. 23. Ritz-Timme S, Collins MJ. Racemization of aspartic acid in
the geographic region where the human proteins. Ageing Res Rev 1:43-59, 2002.
3. Lewis JM, Senn DR. Dental Age Estimation. In: Manual of
individual lived and a DNA profile.27 Forensic Odontology, 5th ed. DR Senn, RA Weems, editors. 24. Ohtani S, Yamamoto T. Age estimation using the
Boca Raton, Fla.: Taylor & Francis Group. 2013. racemization of amino acid in human dentin. J Forensic Sci
4. Ubelaker DH. Sex, stature and age. In: Human Skeletal 36:792-800, 1991.
Summary Remains: Excavation, Analysis, Interpretation, 3rd ed. 25. Ohtani S, Yamamoto T. Age estimation by amino acid
Forensic age estimation involves the Washington D.C.: Taraxacum. 1999. racemization in human teeth. J Forensic Sci 55(6):1630-1633,
assessment of an individual’s development, 5. AlQahtani SJ, Hector HP, Liversidge HM. Brief 2010.
communication: The London atlas of human tooth development 26. Spalding KL, Buchholz BA, Bergman LE, Druid H, Frisen J.
maturation and physical appearance in Age written in teeth by nuclear tests. Nature 437: 333, 2005.
and eruption. Am J Phys Anthropol 142:481-490, 2010.
an effort to assess true chronologic age. 6. Herschaft EE, et al. (eds.). Manual of Forensic Odontology, 27. Alkass K, et al. Analysis of radiocarbon, stable isotopes and
This process is by no means an exact 4th ed. American Society of Forensic Odontology. 2006. DNA in teeth to facilitate identification of unknown decedents.
7. Moorrees CFA, Fanning EA, Hunt EE Jr. Formation and PLoS One 8(7)1-12, 2013.
science, but it does rely upon sound 28. Willems G. A review of the most commonly used dental
resorption of three deciduous teeth in children. Am J Phys
scientific research. Accuracy depends Anthropol 21:205-213, 1963a. age estimation techniques. J Forensic Odontostomatol 19:9-17,
upon the investigator applying the most 8. Moorrees CFA, Fanning EA, Hunt EE Jr. Age variation of 2001.
formation stages for ten permanent teeth. J Dent Res 42:1490-
suitable technique(s) based upon case THE CORRESPONDING AUTHOR, James M. Lewis, DMD, DABFO,
1502, 1963b.
circumstances. FIGURE 2 is a flowchart 9. Demirjian AH, Goldstein H, Tanner JM. 1973. A new system can be reached at jmlewisdmd@knology.net.
that summarizes the selection process of dental age assessment. Hum Biol 45:211-227, 1973.
10. Demirjian A, Goldstein H. New systems for dental maturity
that many forensic odontologists utilize
based on seven and four teeth. Ann Hum Biol 3:411-421,
in evaluating individual case criteria for 1976.
technique selection in age estimation 11. Mincer HH, Harris EF, Berryman HE. The ABFO study
of third molar development and its use as an estimator of
cases. Moral, ethical, cultural and
chronological age. J Forensic Sci 38(2):379-390, 1993.
religious requirements may complicate, 12. Lewis JM, Senn DR. Dental age estimation utilizing third
and thereby hinder, an investigator’s molar development: A review of principles, methods and
population studies used in the United States. Forensic Sci Int
ability to render accurate results.
201:79-83, 2010.
Accuracy is also dependent upon the use 13. Lewis JM, Brumit PC. Dental age estimation and
of the most current, valid, relevant and determination of the probability an individual has reached the
legal age of majority. Paper presented at the annual American
reliable population-specific data. When
Academy of Forensic Sciences Meeting, February 21-25,
known, gender and ancestral background Chicago, 2011.
should be considered. Mitigating factors 14. Maples WR. An improved technique using dental histology
for estimation of adult age. J Forensic Sci 23(4):764-770,
that may affect the forensic dental
1978.
assessment of age include nutrition, 15. Wedel VL. Determination of Season at Death Using Dental

J U N E 2 015  319
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bite-mark investigations
C D A J O U R N A L , V O L 4 3 , Nº 6

The Forensic Dentist: An


Overview of Expert Roles in
Animal Bite-Mark Investigations
Kenneth Cohrn, DDS, MAGD, DABFO, and Ron Berman, BA, CFE, DABFE

A B S T R A C T With increasing incidence of human/animal confrontation and the


potential for injury or even death, dentists who choose to work in the forensic
sciences may be called upon to utilize their skills and training to render opinions
in criminal and civil cases. The authors will show how working in a cooperative
environment and combining their skills with those of other experts can achieve
the best result.

AUTHORS

I
Kenneth Cohrn, DDS, Ron Berman, BA, CFE, n the U.S., there are 237.4 million Consider the following case examples.
MAGD, DABFO, is DABFE, is a canine pets, notably, but not limited to, birds, A man was attacked, killed and partially
in private practice in behavioral consultant and
cats, dogs, horses, reptiles and other consumed by a mountain lion while
The Villages, Fla. He trainer who provides expert
is a courtesy associate witness services and training
small animals,1 and there are more mountain biking at Whiting Ranch
professor at the College of for attorneys and insurance than 241 million adults age 18 years Wilderness Park in southern Orange
Medicine Department of professionals regarding the and older.2 Doing the math, the potential County, Calif., in 2004.4 On two
Pathology, Immunology and forensic investigation and number of human/animal interactions, occasions in Florida, a chance encounter
Laboratory Science and a litigation of dog bites and
both favorable and not, is considerable. between an alligator and a swimmer lead
consultant to the C.A. Pound pet-related injuries. Mr.
Human Identification Lab at Berman has participated in
Aside from the expected agricultural, to death. In both swimmer cases, the
the University of Florida. Dr. approximately 725 cases companion and other legitimate investigating odontologist used bite-
Cohrn serves as the chief and forensic investigations interactions, there are many untoward mark analysis to identify the alligators
forensic odontologist to and testified in civil, criminal consequences including provoked and responsible for the attacks.5 Criminal
multiple medical examiner and federal courts on 80
unprovoked animal attacks, animal complicity involving animals is more
districts in Florida, is past- occasions.
president of International Conflict of Interest
fighting schemes, exploitation, assault prevalent. In 2014, Alex Jackson was
Veterinary Forensic Science Disclosure: None reported. and abuse. One can hardly listen to convicted of second-degree murder in
Association and serves the news or read a newspaper without California when his four pit bulls attacked
on state, federal and a reference to a criminal or accidental and killed a woman who was out for a
international disaster teams.
negative encounter involving animals morning stroll. The dogs inflicted more
Conflict of Interest
Disclosure: None reported.
and humans. As far back as 1974, it than 200 puncture wounds. Jackson
was suggested that dog bites may be an was sentenced to 15 years to life.6 In
unrecognized public health epidemic.3 Okeechobee, Fla., a 4-year-old boy was
Currently, because of the encroachment viciously attacked by the family dogs
of population growth on natural habitats, outside his trailer while his mother was
many species are threatened (FIGURE 1 ). high on drugs inside. She claimed to have
J U N E 2 015  321
bite-mark investigations
C D A J O U R N A L , V O L 4 3 , Nº 6

FIGURE 2 . There are an estimated 20,000 rat bites


in the U.S. annually.
FIGURE 3 . Small bite from a cat.

fundamental understanding of bite marks, ■ Market or replacement value.


basic comparative anatomy, investigative ■ Sentimental value including pain,
procedures and the law is beneficial in both suffering and emotional stress.
criminal and civil investigations. A proper ■ Damages as punishment
treatise of this entire topic would be a for wrongdoing.
sizable textbook in its own right. Hence, The law in this area is still evolving,
the intent of the authors is to provide an but the trend is toward special
abbreviated understanding of bite-mark monetary value placed on pets.
FIGURE 1. Alligator in civilization
analysis and investigation with a selection Herman Bernitz, BChD, MSc, from
of relevant examples. We will concentrate the University of Pretoria, opined, “By
on canine cases because they account for owning a dog, man welcomes into his
not heard the boy’s screams yet a neighbor the majority of the cases, injuries and costs. home a beast that preserves much of its
a half-mile away heard him.7 The mother primordial self, and is capable of inflicting
committed suicide. Dog Bites and Related Costs a fatal bite wound.”13 We love and fear
Concomitant with the rising There are approximately 83.3 million our animal friends. The controversial
occurrence of human/animal interactions owned dogs in the U.S., according to debate over dangerous breeds typified
is the increase in civil and criminal the 2013-2014 American Pet Products by the pit bull breed is indicative of that
litigation, insurance claims, striking Association (APPA) survey.10 Although dichotomy. Consider a recent court case
monetary settlements and public health the social and psychological benefits of involving a dog bite on a 4-year-old boy
concerns. All 50 states now have felony dog ownership are well-known, dogs are at a public playground by an unsecured
animal cruelty provisions including making new and increasing inroads into dog that had bitten a 2-year-old girl on
domestic violence protective orders, the fabric of our culture. An article in the a previous occasion. The attorneys were
animal fighting as racketeering offenses New York Post reported that, according amazed to find that half the prospective
and stiffer penalties for abuse offenders. to data from the Centers for Disease jury members hated the breed but
There is a rising national consensus that Control and Prevention, more young the other half loved them. Pit bulls,
egregious behavior involving animals U.S. women are choosing dog ownership once the breed closely associated with
should be punishable with severe over motherhood.11 We are a society of gangs and protection, are now family
monetary and criminal consequences. pampered pets. APPA statistics show that pets. Feared for their aggressiveness
The number of animal bites in the U.S. spending on pets, dogs being a very large and strength, they are also loved and
is impressive. There are 4.7 million dog part, has consistently increased every year adored for those same qualities.
bites, 400,000 cat bites, 45,000 snake bites, from $17 billion in 1994 to more than In 2012, dog bites and related injuries
250,000 human bites and tens of thousands $53 billion in 2013.12 Concomitantly, cost the insurance industry almost half a
of other small animal bites reported the perceived value of a pet has evolved billion dollars and made up approximately
annually.8 Animal attacks on humans from mere property ownership to the one-third of all homeowners’ liability
include those by dogs, bears, large cats, status of family member. People expect claims. That figure, according to the
sharks, alligators, snakes and rodents. It is to be compensated for the loss of their Insurance Information Institute, is up
estimated that there are 20,000 rat bites animals. Factors to be considered are: about $50 million since 2003. State
alone in the U.S. annually9 (FIGURE 2 ). A ■ The cost of treatment. Farm, one of the largest home insurers,
322 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

paid out $109 million on nearly 3,800 dogs roaming the streets. Dog bites and history. Plaintiffs may embellish their
dog-bite claims in 2013. California led related cases happen everywhere dogs account in order to increase the potential
in the number of dog-bite claims with and people commingle. The dog owner recovery in settlement or at trial. It
1,919, and claims paid, $64.7 million.14 may not be the only one responsible for is the responsibility of the experts to
Rising costs are due to increasing costs of damages. California dog-bite statutes extract the truth, render an opinion
medical care in general and larger claims should be referred to for specific details based on their independent review of
settlements. The majority of bites involve about who is responsible and how the evidence and hopefully educate the
young children followed by the elderly, damages apply to more than just a bite. jury, enabling them to reach a just and
both high-risk groups. According to the ■ The owner of any dog is liable for the fair verdict. In cases where a settlement
American Society of Plastic Surgeons, damages suffered by any person who between both parties is reached prior to
there were about 26,935 reconstructive is bitten by the dog while in a public trial, it is often the expert’s testimony
procedures to repair dog bites in 2013 at place or lawfully in a private place, that helps both sides to more clearly see
an average restorative cost of $27,862.15 including the property of the owner the real strengths and weaknesses of their
Most home insurance policies provide of the dog, regardless of the former case. When the experts offer conflicting
between $100,000 and $300,000 in opinions, it is the job of the jury to
liability. If the policy covers the insured’s decide which expert is more credible.
dog (modified by breed restrictions) and
the victim sues and wins a settlement in In 2012, dog bites and Mammalian Dentitions
excess of the policy limit, the dog owner related injuries cost the Carnivore teeth have adapted
or responsible party is personally liable. As specifically to primary survival roles of
insurance industry almost half
a result, dog owners can find themselves hunting, catching and killing prey as
losing their assets especially if punitive a billion dollars and made up well a specialized functions including
damages are assessed for egregious behavior. approximately one-third of all grooming, social interaction, offensive
Punitive damages, when allowed by the homeowners’ liability claims. and defensive behavior and feeding
judge and supported by a jury verdict, functions of crushing, shearing and
can add many hundreds of thousands grinding.18 The obvious example of this
of dollars to the settlement. In addition evolutionary adaptation are the canine
to civil consequences, all 50 states have viciousness of the dog or the owner’s teeth, which are the most prominent
felony animal cruelty provisions. knowledge of such viciousness. teeth and have the longest roots. As
California Civil Code section 3342. one might expect, the canines make
Types of Dog Bites and Dog-Related ■ Any person owning, controlling or deep, invasive wounds and are typically
Cases having care or custody of any animal recorded in the bite mark. Although
Dog-bite cases come in many sizes shall be liable for any injury caused highly variable in size, the nonoccluding
and shapes, from a superficial laceration by such animal, and for any damage canine teeth are effectively adapted for
or “nip” to a severely mauled victim caused to any public property or incising, grasping, catching, holding and
exhibiting major tissue loss with to any private property. Beverly tearing. Cat and dog dentitions differ
punctures, contusions and lacerations Hills Municipal Code:5-2-111. in that “unlike the dog who grasps the
over the entire body. In today’s litigious ■ Special rules apply to children, hide of an animal, then begins ripping by
society, culpability from damages caused such as provocation.17 utilizing his own weight and strength, the
by an animal encompasses a wide net There may be sizable financial gain/ feline employs a much different method.
of pockets. More than half of the states loss by either the plaintiff or defendant Cat canine teeth are better adapted for
have statutes that make the owner or in a civil case tempting both parties vertical punctures, not horizontal ripping.
responsible party liable if their dogs cause to distort or simply delete relevant The canine teeth of felines are more
injury.16 Scenarios range from a formally information regarding their case. Dog structurally at risk so a cat will secure itself
passive family dog to a criminal’s highly owners often fail to accurately remember with its claws and puncture the neck at
aggressive Rottweiler and from a highly previous incidents of aggression or simply the base of the skull or suffocate the prey
trained police dog to a pack of feral choose to deny the dog’s aggressive by restricting the windpipe” (FIGURE 3 ).
J U N E 2 015  323
bite-mark investigations
C D A J O U R N A L , V O L 4 3 , Nº 6

class characteristics of the contacting


surfaces of the human dentition. Dogs
FIGURE 4A . Human. and humans, as mammals, share this
general description (FIGURES 4A–D ).
FIGURE 4B . Bear. The starting point in a bite-mark
evaluation is to establish if the patterned
injury is, in fact, a bite mark. Class
characteristics allow us to distinguish
between species, animate and inanimate
objects, adult versus child dentitions and
upper versus lower arches. Examples of
class characteristics are, as previously
mentioned, the six incisors in the canine
dentition versus four incisors in humans
FIGURE 4C . Dog.
and as with all carnivores and many
omnivores, predominate canine teeth.
FIGURES 4 . Species dentition comparison. FIGURE 4D. Mountain lion. Individualization or source attribution
linking the suspect to the bite mark is
determined by individual characteristics,
Cats are highly specialized carnivores breeds.20 The canine teeth become a good which are defined as a variation of a feature,
with less robust and more pointed reference point in a bite-mark evaluation trait or pattern from the normal expected
posterior teeth for piercing soft tissue.19 although the wound may be large and finding. Individual variation consists of both
torn. Class differentiation between human arch and teeth variation. Arch variation
Canine Dentition and canine dentition is demonstrated allows for distinguishing arch size and shape,
Over the last 12,000 to 15,000 by the number of incisors, with humans which is evident in human versus animal
years of dog domestication, from the having four and dogs six per arch. This dentitions. Teeth variation can consist of
wolf subspecies Canis Lupis to today’s characteristic is beneficial in distinguishing rotated and missing teeth, malposition,
varied domesticated dog species, between human bites and dog bites. eruption variation, anterior-distal migration,
functional changes in the dentition Supernumerary teeth are common in broken teeth, damaged teeth, restorations,
have occurred. For example, dietary dog dentitions so it is important to wear patterns and other variations.
needs determine premolar function and count the teeth for the evaluation. The premise of bite-mark
further differentiation in molar anatomy identification is based on the presumed
and size. Omnivores, such as humans, Human and Animal Bite-Mark uniqueness of the dentition and the
have teeth that are more conducive to Comparison accurate transferability of teeth marks
crushing and do not possess carnassial The definition of a bite mark, to a substrate, particularly skin. Skin
teeth. Dogs have larger molars for crushing according to The Manual of the American has viscoelastic properties that can
in contrast to human teeth. Many Board of Forensic Odontology,21 can be result in distortion, making bite-mark
individual teeth fail to meet the opposing applied generally to both animal and identification potentially problematic.
dentition or else they overlap and protrude human scenarios. A prototypical bite Inanimate objects such as Styrofoam,
between opposing adjacent teeth. mark is described as a circular- or oval- vegetables, hard candy and cheese are
The dental formula for dogs is incisors, patterned injury consisting of two opposing better recorders of teeth marks than the
3/3; canines, 1/1; premolars, 4/4 and symmetrical U-shaped arches separated skin. Other factors resulting in potential
molars, 2/3 for a total of 42 teeth. Breed at their bases by an open space. Along inaccuracies include, among others,
variation shows considerable intercanine the periphery of the arches is a series of decomposition, positional variation,
distance (ICD) variation ranging from 2.5 individual contusions, abrasions and/ photographic error, time interval,
cm to 4.5 cm (mandible) and from 2.9 cm or lacerations reflecting the size, shape, bruising, healing, incomplete bite marks
to 6.5 cm (maxilla) for North American arrangement and distribution of the and the effects of age and medications.
324 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

Data Collection in Animal Bite-Mark if needed and take impressions


Cases if appropriate. Pour models and
Evidence collection, examination import information into Photoshop.
and interpretation of veterinary bite- Animal DNA databases have been
mark cases offer unique challenges. As established so DNA from feathers,
with any evidence collection, proper epithelial cells, hair, muscle and saliva
consent in the form of a court order or can be collected procedurally similar
summons must be obtained, bearing in to human protocols. By employing
mind that the procedure varies with genetic-based techniques, proper
different jurisdictions and authorities. identification of specific individuals,
FIGURE 5 . Vinylpolysiloxane impression. There may be multiple animals familial relationships and illegally
and many bite marks making evidence obtained animals can be determined.27
The adult human ICD typically ranges collection and analysis more difficult. Animal skin is less vascular and
from 2.5 cm to more than 4 cm compared Another issue with larger animal bites bruising is less pronounced compared
to child ICD of < 3.5 cm. Deciduous teeth is the destructive nature of the bites. to humans. The veterinarian may need
have a smaller mesial-distal width and may Ripping, tearing and tissue avulsion to expose the underlying soft tissue to
have spaces between the teeth. In theory, all can render the patterned injury uncover the patterned injuries. The
the teeth in the arch could mark in a bite uninterpretable. Eye-witness accounts powerful canine teeth may leave marks
mark, but that does not happen. Rarely does of the incident may be beneficial in bone through the soft tissue, which
the bite mark extend past the first premolars. to determine the dynamics of the can be recorded with vinylpolysiloxane
Bite marks occur in a number of variations, attack particularly in determining the dental impression material (VPS).
including double, overlapped, single arch, positions of the victim and animal Because of the divergent canine teeth,
marks through clothing, tearing and during the incident. Collect evidence the use of impression material is
avulsion. Critical individual characteristics from the crime scene, the victim suggested rather than alginate to avoid
of the dentition are determined by teeth and the suspect animals if available. tearing of the impression material.
that are rotated, missing, malpositioned, General principles to consider in Likewise, the use of polyurethane
dentally altered, worn, fractured, etc. investigation of dog-bite cases include: plastic for the dental models is preferred
The size and shape of the dog skull ■ The scene. Photograph the scene. for preventing the divergent canines
is related to the variation in the size and Determine the owner/caretaker from fracturing off the model versus
position of the teeth, breed and weight. and who was in charge of the stone or plaster models. If possible, two
Note that medium-sized dogs can have a animals at the time of the incident. impressions and two models should
similar-sized ICD compared to humans. Get eyewitness statements. be made for each arch (F I G U R E 5 ). In
There are racial variations with human Document all activities including addition to DNA, the stomach contents
skulls and dentition but they are far more all people present at the scene. and feces should be checked for evidence.
subtle compared to dog variations. ■ The dog(s). Determine which Animal bite-mark/teeth comparisons
Bite-mark wounds can occur anywhere animal(s) were involved. Secure can be done in the same manner as
but often they are on the neck, head and DNA samples if appropriate and human bite-mark comparisons. Overlays
groin. Particularly vulnerable are the arms rabies tests if needed. Arrange are fabricated from the dental models for
used in a defensive posture. Claw marks can to have the dogs sedated for comparison. Direct comparison of the
mimic teeth marks. However, these marks photographs and dental impressions. models onto the photograph of the bite
will be parallel, evenly spaced, superficial Fabricate dental models of the mark or the actual bite mark can also be
and without canine punctures. Bite-mark dentition in either stone or casting done. The protocol for patterned injury
sequela often includes infection with acrylic. Import all the data into recording and comparison is outlined in
rates ranging from 2-20 percent in dogs, Photoshop for evaluation. the current American Society of Forensic
15-50 percent in cats and 9-50 percent in ■ The victim. Photograph the Odontology (ASFO) Manual of Forensic
human bites.22 Exsanguination is the most wounds. Get a statement of the Odontology23 and the American Board of
common cause of death in severe dog bites. incident. Collect DNA samples Forensic Odontology Reference Manual.
J U N E 2 015  325
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C D A J O U R N A L , V O L 4 3 , Nº 6

an inhibited manner, and then releases on Typical Issues in Dog-Bite Cases


its own is generally demonstrating Whether a dog had demonstrated
defensive response to a stimulus the dog dangerous and/or vicious propensities prior
regards as a threat. This scenario is often to an incident will usually be an important
found in cases where the victim has factor in most dog-bite cases. Dog owners
provoked the dog in some fashion. The often, in an attempt to protect both their
dog is trying to increase the distance financial and personal interests, do not
between itself and the source of the threat. give accurate information about their dogs’
FIGURE 6 . Multiple lacerations, contusions and In some situations, when a dog has already past behavior. Owners can consciously or
avulsions caused by a pack of dogs. demonstrated fear aggression in the past, it unconsciously deny their dogs’ aggressive
may be that the dog’s fear makes it overly nature the same way a parent of a bully
reactive and a normal greeting from a may choose to blame other kids or
friendly stranger may be perceived as a teachers for the child’s bullying behavior.
Legal Anatomy of a Dog-Bite Case direct threat. Conversely, a dog that runs Just as often, plaintiffs can overly
Litigation in a dog-bite case typically up and attacks a person on or near its embellish the particulars of their incident.
starts with a summons to the dog owner perceived territory is acting offensively. The most common issues
telling him or her that he or she is The dynamics of an offensive attack are in a dog-bite case are:
being sued followed by a complaint that usually different from a defensive attack in ■ Is the victim’s wound(s) from a
lists all of the reasons for the suit. At that one typically finds multiple wounds dog bite or another source?
some point thereafter, discovery begins often on different parts of the body. The ■ Did the victim provoke the dog?
where the plaintiff and the defendant wounds are more aggressive, deeper and ■ Was more than one dog involved?
begin to gather facts that will support there is more tissue damage. Other Which dog did the biting?
their case. Discovery usually consists dynamics found in a serious offensive dog ■ Did the incident happen the way the
of taking depositions from the plaintiff attack is shaking, where the dog bites, victim or the dog owner indicated?
and defendant, witnesses, treating holds on and shakes its victim and Experts are needed to establish
doctors and experts. When the facts generally will not end the attack on its the veracity of these statements.
of a case are strongly in dispute due own. Pack mentality can be particularly ■ Did the dog have a history of
to conflicting testimony from both lethal. In 2003, an elderly woman was aggressive behavior to humans
sides and the potential dollar value of exiting her car at home when she was and/or other animals?
the case is high, various experts may viciously attacked by a pack of six dogs ■ Were the owners (caretakers,
be retained by either or both sides in belonging to a neighbor. The owner had landlords, etc.) aware of
order to help clarify important issues. been cited by animal services on multiple the dangerous propensities
occasions for the unrestrained aggressive of the subject dog(s)?
Canine Aggression behavior of his dogs. The victim was More than half of U.S. states have a
Canine aggression is typically brutally attacked and suffered multiple strict liability statute that makes the dog
either offensive or defensive. Most lacerations, contusions and avulsions over owner fully liable if his or her dog bites
forms of canine aggression are fear- her entire body, which caused death by someone. Typically, the three defenses
based responses such as territorial exsanguination. The owner of the dogs to strict liability are that the victim was
aggression, maternal aggression, testified that he didn’t know how long the trespassing at the time of the incident,
protective aggression or food aggression attack had been going on but “they were the victim provoked the dog into biting
in an attempt to deal with a real or chewing on her, all right.”24 The him or the defendant did not own the dog
perceived threat. Note that dog-on- odontologist was able to match at least one at the time of the incident. It should be
human aggression and dog-on-dog of the many bite marks to each of the dogs noted that someone who has been caring
aggression are two distinct behaviors involved in the mauling29 (FIGURE 6 ). A for the dog can also be sued if it can be
and that a dog that displays one will plea deal was rejected and he was shown that he or she has had the dog
not necessarily display the other. convicted. He lost the appeal and died in his or her possession for a reasonable
A dog that bites one time, usually in while serving a 12-year sentence.25 amount of time. An excellent resource
326 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

is the Investigation, Management and witness that is completely neutral. Dogs deposition. The dog expert will evaluate
Prevention of Animal Bites in California, simply do what dogs do under similar documents such as the dog’s veterinary
a manual published by the California circumstances, as they are creatures of records, the animal control records, the
Department of Public Health,26 and habit and have no ability to change their emergency medical records, photos of the
web resources such as dogbitelaw.com. behavior because they are being evaluated. victim’s wounds, etc. When necessary,
It is imperative that the evaluator the dog expert will inspect the scene
The Experts not attempt to recreate the incident but of the incident and interview potential
In issues regarding animal behavior, only create similar circumstances. It is witnesses, including the owner, neighbors,
animal aggression, human/animal also important that the evaluator not veterinarian, forensic odontologist,
interaction and wound analysis, an animal do anything that could be construed trainers, pet sitters, groomers, kennel
expert with the right qualifications and as invasive or provocative, especially if operators, etc. Based on the dog expert’s
experience in forensic investigation and the plaintiff claims that he or she did background and experience, he or she
testimony can be very helpful in clarifying not provoke the dog. Ultimately, the may be qualified to testify on canine
specific issues. With regard to the actual purpose of the evaluation is to give a bite wounds. Even when qualified as an
etiology of the victim’s wounds, especially expert witness, the dog expert will often
when the wounds are likely from a consult with a forensic odontologist in
source other than a dog bite, a forensic order to discuss and either confirm his or
odontologist is best suited to evaluate her analysis or entertain other theories
the patterned injury. In cases regarding
It is imperative that the related to the issues at hand. Although
only dog bites, a forensic odontologist evaluator not attempt the dog expert may be qualified to testify
or an experienced court-qualified dog to recreate the incident about dog-bite wounds, he or she is not
expert can offer expert opinions in court. but only create similar qualified to testify about what else may
In certain cases, the ideal scenario is have caused the victim’s wounds.
for the forensic odontologist and the circumstances.
dog expert to work in conjunction to The Forensic Odontologist
present the best evidence to the jury. The same forensic principles for
human odontological investigation apply
The Dog Expert visual and experiential evaluation of similarly to animal cases. Animal cases
A qualified dog expert will have the the dog to the jury to help them make certainly can be more problematic because
knowledge, background and forensic necessary decisions about the case. A of the aggressive behavior of animal
experience to perform a complete poorly conceived or conducted evaluation attacks that can result in substantial
analysis of the information available may create more questions than answers soft tissue mutilation and the difficulty
as well as follow the information trail and the opposing attorney will spare no in evidence interpretation. Because the
to discover new pieces of evidence effort in pointing that out in court. animal cannot contribute verbally to
that may clarify issues in the case. An In the end, the strongest pieces of the circumstances of the altercation, we
important task for the dog expert is to do evidence in a dog-bite case are the dog must rely on the individuals involved
a forensic evaluation of the dog as well and the bite wounds. The wounds are or eyewitness accounts, which are
as an inspection of the scene. It is always direct physical evidence of how many notoriously inaccurate and biased.
important to evaluate the temperament times the dog bit the victim, whether A team approach involving animal
and behavior of each dog involved. the bites were inhibited (controlled experts, law enforcement, veterinarian,
Another part of the evaluation is testing aggression), the intensity of the pathologists, DNA specialists, crime
the owner’s control over his or her dog by aggression, whether the incident was scene technicians and other forensic
having him or her give basic obedience defensive (offensive aggression), the partners can be assembled to investigate.
commands both on leash and off leash possibility that the dog was provoked Social media is both pervasive and
in a safe place. Although there will be and damages resulted to the victim. invasive — like it or not. One needs to
varying accounts of the incident or prior Videotaping is recommended so be cognizant of social media “trying”
incidents, the dog may likely be the only the evidence can be used at trial or cases in a public forum where activism
J U N E 2 015  327
bite-mark investigations
C D A J O U R N A L , V O L 4 3 , Nº 6

was found with multiple contusions, was found to be in the shaved fur and
superficial lacerations, multiple posterior there was hair in the feces. The original
rib fractures, internal bleeding and a odontologist concluded that “the marks
lacerated spleen while under the care (were) completely inconsistent with
of her father. The child protection dog bite marks, either domestic or wild
team and state’s attorney felt there was … without equivocation the markings
FIGURE 7. Evidence in a criminal case.
sufficient cause to charge the father. seen on the deceased are not dog bite
The patterned injuries on the child marks.” The prosecution’s pathologist
can have immense impact. Case in point, were determined by the odontologist to testified “as absurd as it is to think that
in 2013 an activist group in New York be superficial dog bite marks that neither a polar bear attacked the victim, it is
defended the case of Phineas, a golden the prosecution nor the defense disputed equally absurd that it’s dog wounds.”
Labrador residing in a small town in (FIGURE 7). The issue was whether the Ultimately, other forensic specialists
Missouri, that was accused of biting a dog was responsible for the extensive were appointed to investigate and
girl while she played with friends. The internal injuries or if the father caused testified contrary to the original findings.
events started out as a casual play day but the crushing injuries while attempting to After a long legal battle the charges
morphed into an incident that polarized conceal his culpability by causing the dog against the pit bull owner were dropped
the entire town and gained national to make the marks. The injuries on the and there was a multimillion-dollar
and international notoriety. More than skin were superficial and the contention settlement for malicious prosecution, false
200,000 “experts” on Facebook opined by the state’s attorney was that the dog imprisonment and gross negligence.29
as to the validity of the expert opinions did not “bite” with sufficient force to Stakeholders in crime cases that may
and the proposed fate of Phineas. In cause the extensive internal injuries. involve animals may be compromising
addition, there was considerable hearsay, There was no history of aggression from the investigation by assuming the
inappropriate accusations, misinformation the dog and no indication that the dog evidence must be either animal or
and even threatened civil disobedience was culpable in the life-threatening human related. It may well be both.
directing the investigation. A dog injuries sustained by the infant. In Investigators should be prepared to
specialist and forensic odontologist were fact, the dog was sleeping next to the distinguish between human and animal
sought out as experts by the corporate calm child. A two-year investigation injuries and utilize cross-trained analysts.
advocate. The social media campaign ensued culminating with a two-week Members of the odontology team may
and litigation went on for more than a trial including testimony from several be called to assist in animal-on-animal or
year. Ultimately, Phineas was exonerated medical examiners, a dog behaviorist, a human-on-animal abuse cases. Domestic
and taken off doggie death row. He was forensic odontologist, law enforcement violence and animal criminal cases, some
moved to a secure location only to go officers, radiologists, pediatric specialists involving biting, may involve human
missing to an undisclosed new home.27 and other medical personnel. Ultimately, abuse, animal fighting, gang violence,
The influence of e-opinions on outcomes the verdict returned was that the sexual abuse, hoarding, torture and a host
cannot, and should not, be ignored. defendant was not guilty of all charges.28 of other sociopathic behaviors. A bite-
The forensic odontologist should be Another more egregious case occurred mark case may expose serious underlying
aware of deliberate attempts to obscure in Ontario, Canada, where a 7-year-old family or individual dysfunction and
criminal activity by involving an animal. girl was found dead in her basement. The psychopathy and follow-up is paramount.
A rush to judgment, bias in its many initial pathologist reported more than The American Human Society30 reported
iterations, lack of critical evidence, 80 stab wounds from a knife or scissors. disturbing animal and domestic abuse
failure to follow up on leads and many The mother was charged with second- violence facts: Sixty-eight percent of
other considerations can lead to false degree murder, placed in isolation and her battered women report that there had
conclusions. Another case in point other children removed from her custody. been violence toward their animals, 13
involved a law enforcement officer, a dog Coincidently, the neighbor’s pit bull dog percent of intentional animal abuse cases
and a charge of child neglect and abuse was in the basement at the time of the involve domestic violence and 70 percent
that occurred in Central Florida a few incident and had a “reddish” substance of animal abusers have records for other
years ago. The two-month-old female on the fur and collar. The victim’s blood crimes. There is a long list of animal
328 J U N E 2 015
C D A J O U R N A L , V O L 4 3 , Nº 6

the horrific results were not.


The criminal trial was held in Los
Angeles because of the incredible
amount of publicity. Boyd Stephens,
MD, the chief medical officer of San
FIGURE 8 . Bane, one of the Presa Canario dogs Francisco, testified that Whipple
that attacked Diane Whipple. sustained massive injuries on 77 areas
of her body (FIGURE 9 ). Whipple died
of asphyxiation and exsanguination. Dr.
abusers who became infamous killers. FIGURE 9. Fatal bite marks caused by the Presa Stephens also stated that Whipple was
Serial killer Keith Jesperson boasted, Canario dogs on Diane Whipple’s neck. killed in the same way a lion pounces on
“No longer did I search for animals to its prey and sustained lacerations and
mistreat. I now looked for people to kill. What makes this case so incredible cuts everywhere except for the soles of
And I did. I killed over and over until I are the bizarre ancillary issues that came her feet and the top of her head. The
was caught.”31 Biting and animal abuse is to light during the criminal trial that no most severe wounds were to her neck,
a juvenile behavioral predictor of future, doubt affected both the tone of the trial, where her jugular vein was severed and
more serious and deadly behaviors. public perception, media coverage and the her larynx was punctured. The forensic
jury’s final verdict. First, Diane Whipple, odontologist identified several dog bites
Criminal Case History: San Francisco a lesbian, was an attractive 33-year-old and indicated they matched the teeth of
Dog Mauling lacrosse coach at St. Mary’s College. one of the two dogs that mauled Whipple.
Arguably the most sensationalized At the time of the incident, it was not Prosecutors maintained that the
dog attack in the U.S. is the 2001 Diane legal for a gay partner to sue for wrongful defendants knew their dogs were
Whipple case. It had so many unique, death.33 Sharon Smith, Whipple’s partner, dangerous and did nothing to prevent
horrifying, fascinating and bizarre became the first gay person in the U.S. to Whipple’s death. The defense attorneys
components that it can serve as the file a wrongful death civil suit on behalf of offered a different story. Based on the
quintessential example of the complexities a partner.9 The defendants were criminal dog expert’s investigation there appeared
of an animal attack culminating defense attorneys and the dogs were of a to be a good bit of grandstanding going
in criminal and civil penalties. breed most people had never heard of prior on because of massive press attention.
This case not only was a major to this incident. The dogs were owned by Contrary to the prosecution’s stand
catalyst for what was to become “breed two convicts serving life sentences without that there were numerous examples of
discrimination” by insurance carriers parole in a California maximum-security aggression prior to this incident, almost
against breeds associated with higher bite prison. Both convicts were members of all of those turned out to be dog-on-
rates,32 it also spawned multiple lawsuits: the white-supremacist Aryan Brotherhood dog aggression, which is not relatable
■ A criminal case against the terrorist group. To this day, some of the to dog-on-human aggression and would
married defendants, Robert facts of what happened are still not clear not support knowledge by the owner of
Noel and Marjorie Knoller, for but a general scenario of the events is the dog’s aggression toward humans.
involuntary manslaughter and available from numerous accounts. For a The jury found Noel and Knoller
fostering a mischievous animal detailed journalistic account of this case, guilty of involuntary manslaughter and
that killed a human being. refer to the book Red Zone — Behind owning an animal causing the death
■ A separate charge of second-degree the Scenes Story of the San Francisco of a human being. Knoller was also
murder against Knoller who was Dog Mauling by Aphrodite Jones.34 found guilty of second-degree murder.
present and claimed to have control On Jan. 26, 2001, Diane Whipple The State Bar of California suspended
over the dogs during the incident. was viciously attacked by two Presa their licenses to practice law and Noel
■ Two civil cases were filed, one by Canario dogs belonging to Knoller was disbarred several years later.
Sharon Smith, Whipple’s partner, and Noel (FIGURE 8 ). While what Another unusual aspect of this case is
and the second by Whipple’s mother, actually happened within the estimated that Knoller filed a successful appeal and
against the owner of her apartment. 12-minute attack was in dispute, was awarded a new trial in May 2005.
J U N E 2 015  329
bite-mark investigations
C D A J O U R N A L , V O L 4 3 , Nº 6

However, the Court of Appeals reversed Been Fixing Bike. articles.latimes.com/2004/jan/10/local/ 29. Dorian R. Bite Mark Evidence: A Color Atlas and Text. 2nd
me-lion10. Accessed Aug. 21, 2014. ed., pp. 222-240. 2011, CRC Press, Boca Raton, Fla.
that decision and reinstated the second- 5. Personal case file. 30. Human Society of the U.S. 2011. Animal Cruelty Facts
degree murder conviction. Then on June 6. Dobuzinskis A. California Man Whose Pit Bull Killed Woman and Statistics — Statistics on the Victims and Current Legislation
1, 2007, the California Supreme Court Gets 15 Years to Life. www.reuters.com/article/2014/10/03/ Trends. www.humanesociety.org/issues/abuse_neglect/facts/
us-usa-dog-murder-idUSKCN0HS1NN20141003 Accessed animal_cruelty_facts_statistics.html. Accessed November
rejected the Court of Appeal’s decision Oct. 15, 2014. 2012.
and remanded the case back to the trial 7. Personal case file. 31. King V. Keith Hunter Jesperson. www.crimelibrary.com/
court for reconsideration. Finally, on 8. www.healthychildren.org/English/health-issues/conditions/ serial_killers/predators/jesperson_5.html. Accessed October
from-insects-animals/Pages/Animal-Bites.aspx. Accessed Oct. 2014.
Sept. 22, 2008, the court reinstated the 15, 2014. 32. Breed Disowned by Homeowners’ Insurance Corp. www.
conviction for second-degree murder 9. Abrahamian FM, Goldstein EJ. Microbiology of Animal Bite animallaw.info/article/case-against-dog-breed-discrimination-
and sentenced Knoller again to 15 years Wound Infection. Clin Microbiol Rev, 2011 Apr;24(2):231- homeowners-insurance-companies. University of Connecticut
246. School of Law 2004.
to life. In 2010, the First District Court 10. APPA releases 2013-14 National Pet Owners Survey. 33. Minter S. Expanding Wrongful Death Statutes and Other
of Appeal unanimously upheld Knoller’s media.americanpetproducts.org/press.php?include=144262. Death Benefits to same sex partners. http://www.americanbar.
conviction and she is currently serving Accessed March 10, 2014. org/publications/human_rights_magazine_home/human_
11. Antenucci A, Kli D. nypost.com/2014/04/10/more- rights_vol30_2003/summer2003/hr_summer03_expanding.
her sentence at Valley State Prison young-women-choosing-dogs-over-motherhood. Accessed Oct. html.
for Women in Chowchilla, Calif. 12, 2014. 34. Jones A. Red Zone — The Behind-the-Scenes Story of the
12. Randolf M. Compensating an Owner when a Dog Is San Francisco Dog Mauling. July 1, 2003.
Injured or Killed. www.nolo.com/legal-encyclopedia/free-
Summary books/dog-book/chapter9-6.html. Accessed Sept. 6, 2014. THE CORRESPONDING AUTHOR, Kenneth Cohrn, DDS, MAGD,
With increasing incidence of human/ 13. Bernitz H, et al. The individualization of a dog bite mark: DABFO, can be reached at heritagekfc@gmail.com.
animal confrontation and the potential a case study highlighting the bite mark analysis, with emphasis
on differences between dog and human bite marks. Int J Legal
for injury or even death, dentists who Med 2012 May;126(3):441-6. doi: 10.1007/s00414-011-
choose to work in the forensic sciences 0575-4. Epub 2011 May 3.
may be called upon to utilize their 14. Dog Bite Liability. Insurance Information Institute, May
2014. www.iii.org/issue-update/dog-bite-liability. Accessed
skills and training to render opinions in May 2013.
criminal and civil cases. Dentists acting 15. Reconstructive Plastic Surgery Statistics. www.
as forensic odontologists work best in plasticsurgery.org/Documents/news-resources/statistics/2013-
statistics/reconstructive-procedures-national-trends-2013.pdf.
a cooperative environment combining Accessed May 2013.
their skills with those of other experts 16. Strict Liability: Dog-Bite Statutes. www.nolo.com/legal-
such as attorneys, law enforcement, encyclopedia/dog-bite-statutes.html. Accessed Oct. 25, 2014.
17. dogbitelaw.com/california/liability-based-on-the-dog-bite-
medical examiners and qualified experts statute-in-california.html. Accessed Oct. 23, 2014.
with specialized knowledge of the various 18. Hillson, S. Teeth. 2nd ed., p. 46. New York, Cambridge
animal species involved. In dog-bite University Press. 2005.
19. Willis B. Scotching the Myth. scotcats.online.fr/abc/
cases specifically, although some of the identification/bitemarks.html.
issues to be addressed can be within the 20. Tedeschi-Oliveira SV, et al. Intercanine Distance in the
realm of both the forensic dentist and Analysis of Bite Marks: A Comparison of Human and Domestic
Dog Dental Arches. J Forensic Odontostomatol 2011 Jul
qualified dog expert, the unique skill sets 1;29(1):30-36.
of each can often serve to both enhance 21. www.abfo.org/resources/abfo-manual. August 2013.
and support the findings of the other. ■ 22. McGrath C. Bites: Human and Animal. www.carpa.org.
au/Ref%20Manual%204th%20Ed/Emergency%20&%20
assessment/Bites_human_animal.pdf. Accessed Oct. 29,
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National Pet Owners Survey Statistics: Pet Ownership & Annual Raton, Fla. 2013.
Expenses. americanpetproducts.org/Uploads/MemServices/ 24. Miller S. Pit Bulls Take Life. www.ocala.com/
2013_14NPOSBackgroundandPurpose.pdf Accessed Sept. article/20031213/news/212130308. Accessed Nov. 2014.
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4. Hanley C, Yoshomo K, Anton, M. Mauled Man May Have 28. Personal case file

330 J U N E 2 015
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Renowned Medical Village has regional draw. monthly. $6,000+/mth in cap checks.
HAWTHORNE Located in strip center at busy intersection. 6-ops, 2 equipped in
6078 FRESNO Strip center practice on West Shaw Avenue. 2014’s
1,600 sq.ft. suite. Full 3rice $95,000.
Collections totaled $383,000 with Profits of $192,000. Practice will do better HUNTINGTON PARK Hi identity. 65,000 autos/day. 3 ops. Gold Mine! FP $185,000.
with Successor who devotes full attention here. 4-ops. Full Price $245,000. INDIO Dental building across from City Hall. City offering special tax incentives.
6077 PERIO PRACTICE – SAN FRANCISCO’S NORTH BAY Highly Great opportunity for DDS with vision.
regarded and located in desirable family area. On 3.5 day week, revenues INLAND EMPIRE Grossing $10.6 Million. Some real property also included.
were $1 Million in 2014 with profits of $400,000. Beautiful facility with IRVINE Great location. 5-ops. Busy DDS wants Solo Group Partner,
4-ops. IRVINE Solo Group Partner wanted. Buy 50%. Seller assures Buyer 45% net profit
6075 MONTEREY BAY AREA Digital, paperless and well positioned for on production of $450,000 first year. High end practice has Cerec and Cone Beam.
future. 2014 collected $1.47 Million with Profits of $690,000. 7+ days of LA JOLLA HMO & PPO. 3-op office. 2-day week. Affluent community makes this
Hygiene. First Quarter of 2015 collected $449,000. Extremely unique almost cash practice. Roll-up sleeves and go to work. Full Price $135,000!
opportunity. LAKE FOREST 7 ops across street from major employer in Orange County.
6074 FREMONT – “SOLD” 2014 collected $643,000. 4 day Hygiene LOS ANGELES HMO practice doing $4+ Million. Includes real property.
schedule booked 6-months out. Beautiful office. Full Price $325,000. MARINA DEL REY Gorgeous office. Grossing $650,000.
MISSION HILLS Grossed $350,000, nets 50%. Senior DDS wants to work-back
6071 CHICO Strength is 4-day Hygiene schedule. Retiring DDS focuses on
2.5 days. Seller will finance.
restorative. Endo, OS, Perio & Pedo referred. 2014 collected $450,000. NORCO – CHINO HILLS Recently upgraded 8-Op office. Cone Beam, Cerec,
Beautiful 4 op office. Full 3rice $150,000. digital radiography, high end equipment. Will do $1.5 Million. Includes building.
6070 VISALIA Strong foundation and well-positioned for ambitious REDLANDS Full price $25,000. 25-year phone number and fictitious business
successor. Strong Hygiene Department, beautiful facility, well equipped. name. Equip 3-ops for $25,000. Great rehab opportunity which will grow with TLC.
Digital throughout. Not a Delta Premiere practice. REDLANDS Low overhead. Grosses $20,000+/mth. Lease at $1.00 sq.ft. FP $250,000.
6068 KINGSBURG Great family community south of Fresno. Owner RIALTO Dental building on 2.3 acres. Land shall soon have $8,000/mth in rent income.
works relaxed schedule doing restorative dentistry. Endo & OS referred. 2014 SOUTH ORANGE COUNTY Grossing $700,000. Ocean view. 4-ops. FP$700,000.
collected $250,000+. Strong Profits. 3 Ops. Full 3rice $135,000. TEMECULA Long established HMO grossing near $700,000. HMO checks
6067 MONTEREY - ADVANCED RESTORATIVE PRACTICE Strong $4,000 to $6,000 per month. Absentee owned.
foundation for DDS desiring quality restorative practice. $310,000 invested TORRANCE Grosses $350,000 with older DDS. 3-ops plumbed, 2 equipped.
here. Digital and paperless. 2014 collected $400,000. "Out-of-network” Beautiful A Class building. Full 3rice $250,000.
practice. Considerable transition assistance available. Full 3rice $185,000. TORRANCE/GARDENA Established 31-years. Chinese DDS retiring. Very
profitable. Grosses $200,000. Lots referred out.
6065 SAN LEANDRO – “SOLD” 2014 collected $438,000 on part-time
TUSTIN Free standing dental building with 5 ops. Full 3rice $1.4 Million.
schedule. Attractive 3 Op office with tranquil views of garden setting.
TUSTIN Great location. 50% of building For Sale. Nearby DDS who flips their
Digital radiography includes Panorex. practice into this building can add another $1 Million. Full 3rice for 2,000 sq.ft. is
$1.1 Million.
**FOUNDERS OF PRACTICE SALES** WEST LA Grosses $1.2 Million. Seeks Korean Lady DDS for specialty team. Plan
12+ years of combined expertise and experience!
to grow to $2 Million/year. Quality office. Full 3rice for 1/3 of goodwill $350,000.
3,000+ Sales - - 10,000+ Appraisals
YUCCA VALLEY Hi identity location. Small office. 8VHGWRGR$500,000. Needs
**CONFIDENTIAL** TLC. Full 3rice $150,000 includes building.
PPS Representatives do not give our business name when returning your calls.
Specializing in selling and appraising dental practices for over 40 years!

LOS ANGELES COUNTY ORANGE COUNTY SAN DIEGO COUNTY


CANOGA PARK (GP) – Price Reduced!! Seller is ANAHEIM – Leasehold Improvements & Equipment VISTA - 35 years of goodwill. 4 fully computerized
currently working 1 day/wk with ½ day of hygiene. 2 Only! 4 equipped operatories in a 1,680 sq office. equipped operatories. Grossed approximately
equipped operatories. Property ID #4357. Property ID #4535.
$883K in 2013. Has monthly revenues of $73K.
CHATSWORTH (GP) – Price Reduced!! 5 equipped Property ID #4507.
ALISO VIEJO (Pedo) – 3 chairs in open bay, 1
operatories. Grossed $918K in 2013. Projec ng
plumbed not equipped op. Grossed approximately
approx. $948K for 2014. Buyer’s net of $398K. EL CENTRO (GP) – This prac ce is located in a
$340K in 2014. Great prac ce. Property ID #5031.
Property ID #4537. single story building. Building is for sale. 5
FULLERTON (GP) – Established in 2002. Projec ng equipped operatories. Grossed approximately
LOS ANGELES – 65 years of goodwill Grossed ap-
$554K for 2014. Buyer’s net of $189K. Property ID $304K for 2014. Buyer’s net of $132K. Property ID
proximately $350K in 2013. Buyer’s net of $71K.
#5010. #5023.
Please contact your CPS Agent for more details.
Property ID #5008. SAN DIEGO COUNTY - Mul -Specialty prac ce. 7
FULLERTON – Leasehold Improvement and Equip-
ment! On one the busiest intersec ons of Fullerton. equipped operatories in an approximately 4,464
LOS ANGELES - This prac ce with over 30 Years of
3 equipped operatories. Some pa ent charts includ- office. Grossed $1,700,000 in 2013 and projec ng
goodwill, and approximately 60% of it's income
ed. Property ID #5028. approximately $1,900,000 for 2014 with monthly
comes from capita on. Property ID #5012.
revenues of $165,000. Property ID #4231.
LOS ANGELES (GP) - 3 equipped operatories with GARDEN GROVE – 4 equipped ops and 1 plumbed
digital x-rays in a 1,000 sq . office. The recep on (not equipped) op. Grossed approximately $436K in
area was recently remodeled. Grossed approxi- 2014 Property ID #5043.
mately $277,130 in 2014. Property ID #5040. RIVERSIDE & SAN BERNARDINO COUNTY
HUNTINGTON BEACH - Leasehold Improvement and
MISSION HILLS - Leasehold Improvements & Equip- Equipment Only! Modern Design. 3 equipped ops, 1 APPLE VALLEY (GP) – 3 equipped ops . Has monthly
ment Only! 8 equipped Property ID #5014. plumbed not equipped. Was built in June 2014. revenues of $42K. Property ID #5044.
Property ID #5032.
MONTEREY PARK (GP) – Leasehold Improvements APPLE VALLEY - 8 equipped operatories. Seller is
& Equipment Only! 3 equipped operatories. IRVINE - Leasehold Improvement and Equipment!
10 equipped ops and 2 recep on areas. Property ID working 3 days/wk, Associate 1 day/wk and O.S. 1x/
Property ID #4449.
#5030. mo. Grossed $707K in 2013 and Projec ng $722K
PASADENA (GP) - 3 equipped ops. Grossed approx- for 2014. Property ID#5009.
imately $335K for 2014. Property ID #5035. LAGUNA HILLS – 2 equipped ops. Approximately 20-
25 new pa ents/mo. Ins/Cash/Cap (~$500/mo). HESPERIA (GP) – 4 equipped operatories. Seller
RESEDA – 3 equipped operatories (stand up den s- Grossed approximately $319,024 in 2014. Property
works 3 days/wk with 3 days of hygiene Grossed
try). Projec ng approximately $292,796 for 2014 ID #5033.
with monthly revenues of $24K. Property ID#5017. $260K in 2013 and projec ng approximately $336K
ORANGE COUNTY PERIO – Price Reduced!! Grossed for 2014. Property ID #5007.
ROSEMEAD – 2 equipped operatories, lab/ approximately $972K in 2013 and projec ng approx-
steriliza on room, x-ray room, dark room and imately $1,016,000 for 2014 with a Buyer’s net of INDIAN WELLS – Leasehold Improvements and
private office in a 790 sq suite. Projec ng approxi- $260K. Please contact your CPS Agent for more Equipment Only!! Great opportunity for a TMJ,
mately $119K for 2014. Low Sale Price! Property ID details. Property ID #5005. Sleep Apnea and GP. 4 equipped ops. Property ID
#5019. #5041.
RANCHO SANTA MARGARITA – Leasehold Improve-
SANTA CLARITA (GP) – This turn-key prac ce ment Only!! 4 plumbed not equipped operatories. PALM DESERT— 5 equipped ops. Have monthly
Reestablished the prac ce in September 2013. Property ID #4483. revenues of approximately $28K/mo. Property ID
Great opportunity for a 1st me buyer. Property ID #4331.
#5013.
PALM SPRINGS – 3 equipped operatories with
SANTA MONICA - 3 equipped operatories. Grossed Prac ce Web so ware and digital x-ray. Major
$265,485 in 2013 and projec ng approximately VENTURA, SANTA BARBARA & KINGS COUNTY equipment is approximately 2 years old. Suite is
$265,796 for 2014. Property ID #5022. 1,200 sq . Seller is working 5 days/wk and sees
SAN LUIS OBISPO COUNTY – 6 equipped ops. Has approximately 8-10 pa ents/day. Income source is
TORRANCE – 3 equipped operatories, Grossed monthly revenues of $90K. Property ID #5037. approximately 25% insurance, 65% cash and 10%
$321,051 in 2013. Prac ce is averaging $28K in Den -cal. Does li le adver sing. Please contact
monthly revenue. Property ID #4477. VENTURA (GP) - 4 fully equipped operatories in a
1,862 (+ free bonus room) sq suite. Each operatory your CPS Agent for more informa on. Property ID
TORRANCE – 5 equipped ops. Grossed approxi- has floor to ceiling windows for plenty of natural light . #4487.
mately $493K for 2014. Property ID #5036. Grossed approximately $423K in 2014. Property ID RIVERSIDE – 6 ops. Projec ng approximately $550K
#5039.
for 2014. Property ID # 5006.

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CONTACT US FOR A FREE CONSULTATION WWW.CALPRACTICESALES.COM


Phone: (714) 639-2775 CA DRE #00491323
RM Matters C D A J O U R N A L , V O L 4 3 , Nº 6

Report Employee Injuries Immediately


TDIC Risk Management Staff

W
orkers’ compensation medical treatment and make medical
covers a broad care available to injured employees.
and multifaceted TDIC advises dentists to report
legal spectrum, “If an employee reports workers’ compensation claims,
but a few essential an injury, report the claim. even if they dispute the injury.
practices can help dentists manage “TDIC only has 90 days to investigate
an employee injury at work. You are required to make and issue a denial, if appropriate, for a
Key considerations include reporting medical treatment available disputed claim,” Boyd said, noting that
the injury right away, authorizing medical and provide a claim form it is not up to the dentist to discern
care, avoiding judgment about the injury, if the injury is real or credible. “If an
maintaining open communication
to the employee.” employee reports an injury, report
with the injured employee and the claim. You are required to make
treating the injured employee fairly. medical treatment available and provide
Some policyholders mistakenly a claim form to the employee.”
believe that not reporting employee
injuries to the insurance company
is a good business decision.
“Many times employers do not report
claims on a timely basis,” said Deborah
Boyd, workers’ compensation claims
manager with The Dentists Insurance
Company. “The law requires industrial
You are not a policy number.
injuries to be reported as soon as the
employer has knowledge of an injury.” And at The Dentists Insurance Company, we won’t treat you like
When reporting an employee injury,
one because we are not like other insurance companies. We were
be prepared with as much information
as immediately possible, including started by, and only protect, dentists. A singular focus that leads
the name of the employee, date, time to an unparalleled knowledge of your profession and how to best
and location of the injury as well as protect you. It also means that TDIC is in your corner, because with
a description of what happened.
us, you’re never a policy number. You are a dentist.
While workers’ compensation laws
vary from state to state, statutes generally
require employers to give a workers’
compensation claim form to the employee Contact the Risk Management Advice Line at 800.733.0634.
within one working day after the work-
related injury or illness is reported. State-
specific workers’ compensation information
is available on the U.S. Department of
Labor’s website at dol.gov/owcp/dfec/regs/ Protecting dentists.
compliance/wc.htm. Request immediate
return of the form from the employee It’s all we do.®
and forward the claim form, along with thedentists.com
a report of occupational injury or illness,
to the insurance claims representative
within one working day. Employers
are required to authorize appropriate
J U N E 2 015  333
J U N E 2 0 15 RM MAT TERS
C D A J O U R N A L , V O L 4 3 , Nº 6

If you dispute that an injury occurred, administer benefits according to regulations. liability is to treat an employee filing
report the claim and tell the claims If an employee is off work due to the a workers’ compensation claim or
representative you are disputing the injury. injury, TDIC recommends that dentists returning to work after an injury the
“We will conduct the appropriate maintain communication during the same as other employees. Boyd said to
investigation,” Boyd said. “If our period of disability. The employee should be aware of reprimands or disciplinary
investigation reveals that no benefits are keep the dentist advised about the date action to an employee with an open
due, we will deny the claim. While the that he or she expects to return to work. workers’ compensation claim. A record
employee will have recourse to overturn TDIC recommends that dentists address of dates, times and a brief description
the denial, a late report may preclude us “out-of-office” status in their office policy. of incidents will keep information
from being able to defend a claim denial.” “In other words, have an office policy straight in the event of a claim.
Similarly, employers are advised that that is clear and tells the employee A reasonable effort needs to be
workers’ compensation is “no fault” and what is expected anytime they are out made to accommodate temporary work
that an injured employee is covered even if of the office on leave,” Boyd said. restrictions and provide transitional
the employer thinks the injury was caused Fair and equal treatment of an injured work (light duty) while the employee
by employee behavior. Generally, workers’ employee is important to avoid allegations heals from the injury, and employers are
compensation in all states provides coverage of retaliation or discrimination against the encouraged to document these efforts.
for medical bills and lost wages for workers employee. Workers’ compensation laws Termination of an employee with
who are injured on the job, regardless of are state specific, but most jurisdictions an open workers’ compensation claim
fault. In exchange, workers are not able to have antidiscrimination laws protecting is risky and may cause the employee
sue an employer for a work-related injury. employees from retaliatory action when to file a claim seeking additional
After filing a workers’ compensation filing a workers’ compensation claim. compensation for discrimination.
claim, the insurance company will begin to For employers, the key to avoiding Dentists are strongly advised to consult
an attorney before any consideration
of dismissing an employee who has
filed a workers’ compensation claim.
“While workers’ compensation is the
exclusive remedy for workplace injuries,
and your employee can’t sue you in civil
court for damages, your employee can sue
you in civil court for wrongful termination
or disability discrimination,” Boyd said.
“Civil employment lawsuits are costly to
defend. In addition to payment for damages,
claimants can recover their attorneys’
fees in these types of actions. Therefore
plaintiffs’ attorneys are often motivated
to take these cases to trial even if the
actual damages aren’t particularly large.”
Also important is that the defense of
a workers’ compensation discrimination
claim and any associated penalties
imposed by a judge are not covered by
workers’ compensation insurance policies.
Some workers’ compensation insurance
policies explicitly exclude workers’
compensation discrimination claims,
and there is no duty to defend them. ■

Consult with trained analysts about


workers’ compensation and other dental
practice topics on TDIC’s Risk Management
Advice Line 800.733.0634.

334 J U N E 2 015
QUESTIONS MOST OFTEN ASKED BY SELLERS:

& ASSOCIATES INC.


1. Can I get all cash for the sale of my practice?

2. If I decide to assist the Buyer with financing, how can I be


guaranteed payment of the balance of the sales price?

3. Can I sell my practice and continue to work on a part time basis?

4. How can I most successfully transfer my patients to


the new dentist?

LEE SKARIN
5. What if I have some reservation about a prospective
Buyer of my practice?

6. How can I be certain my Broker will demonstrate


absolute discretion in handling the transaction in all
aspects, including dealing with personnel and patients?

7. What are the tax and legal ramifications when a


dental practice is sold?

QUESTIONS MOST OFTEN ASKED BY BUYERS:


1. Can I afford to buy a dental practice?

2. Can I afford not to buy a dental practice?

3. What are ALL of the benefits of owning a practice?

4. What kinds of assets will help me qualify


for financing the purchase of a practice?

5. Is it possible to purchase a practice


without a personal cash investment?

6. What kinds of things should a Buyer consider when evaluating a practice?

7. What are the tax consequences for the Buyer when purchasing a practice?
2IÀFHV
Lee Skarin & Associates have been successfully assisting Sellers and Buyers 805.777.7707
of Dental Practices for nearly 30 years in providing the answers to these and other
questions that have been of concern to Dentists. 818.991.6552
Call at anytime for a no obligation response to any or all of your questions
Visit our website for current listings: www.LeeSkarinandAssociates.com 800.752.7461
CA DRE #00863149
DENTAL PRACTICE BROKERAGE
Making your transition a reality.

Dr. Lee Dr. Thomas Dr. Dennis Dr. Russell Jim Kerri Mario Jaci Steve Thinh
Maddox Wagner Hoover Okihara Engel McCullough Molina Hardison Caudill Tran
LIC #01801165 LIC #01418359 LIC #0123804 LIC #01886221 LIC #01898522 LIC #01382259 LIC #01423762 LIC #01927713 LIC #00411157 LIC #01863784
(949) 675-5578 (916) 812-3255 (209) 605-9039 (619) 694-7077 (925) 330-2207 (949) 566-3056 (949) 675-5578 (949) 675-5578 (951) 314-5542 (949) 675-5578
25 Years in Business 40 Years in Business 36 Years in Business 33 Years in Business 42 Years in Business 35 Years in Business 35 Years in Business 26 Years in Business 25 Years in Business 11 Years in Business

PRACTICE SALES • PARTNERSHIPS • MERGERS • VALUATIONS/APPRAISALS • ASSOCIATESHIPS • CONTINUING EDUCATION


NORTHERN CALIFORNIA PLUMAS COUNTY: General Dentistry. BANNING: General Practice. 6+ Ops. TORRANCE: General Dentistry. 3 Ops, 2
Seller wants to retire ASAP, selling for Paperless, Digital, EagleSoft. 8 Days Hyg/ Equipped. Est 19+ years. 2013 GR of $333K
BAY AREA: Perio Practice. 2,120 sq. ft.
$95,000. 5 Ops, 4 Equipped. #CA240 Week. 2013 GR $1.5MM+. #CA183 with $176K adj. net. #CA213
w/6 Ops, Digital, Endoscope, Piezosurgery,
Dentrix. #CA167 SACRAMENTO: 7 Equip Ops in 2,400 sq. BEVERLY HILLS: Small boutique UPLAND: NEW LISTING! General
CASTRO VALLEY: Practice & Building. ft., 1 add’l Op Plumbed. Digital X-ray, Pano, practice, 2 Ops, 1 Equipped, Open Dental, Practice. 4 Ops, 3 Equipped. 25+ years of
Approx. 1,800 sq. ft., 3 Ops, 1 add’l Plumbed. Softdent software. 2014 GR $626K+. #CA250 Digital, 2014 GR $120K on 3 days/wk.. Goodwill. 2014 GR of $221K with room to
2014 GR $373K, 4 day week. #CA251 #CA215 grow. #CA254
SACRAMENTO: PPO practice, 8 Ops in
FOLSOM: 2,420 sq. ft. w/5Ops, Shick Digital 3,700 sq. ft., Seller retiring. #CA238 BEVERLY HILLS: 5 Ops, EagleSoft, VICTORVILLE: General Practice. 3 Ops, 3
X-Rays, non-digital Pano, Carestream/Softdent IN ESCROW! Digital, CEREC. Long-term staff, newer Plumbed, 2,150 sq. ft., Est. 34 Years, SoftDent.
software. #CA235 SACRAMENTO: Prosth. Practice. OWNER equipment. 2013 GR 1.2M, adj. net. of $406K. 2013 GR $313K w/adj. net. $147K #CA149
DECEASED. 4 Ops, 2,075 sq. ft. w/Digital #CA210
FOLSOM: FACILITY ONLY 1,200 sq. WEST COVINA: NEW LISTING!
ft. w/3 Ops, digital X-rays & pano, new Pano & Mac Practice software. 2014 GR GREATER LOS ANGELES: Perio General Practice with 4 Ops in a retail center
compressor #CA209 $960K+. #CA247 Practice. 5 Ops. 34 Years of Goodwill. Call for location. Dentrix, Digital, 35 years of goodwill.
SAN FRANCISCO: General Dentistry. 3 More Information. #CA173 2014GR of $402K #CA233
GREATER SACRAMENTO: General
Practice. 1,500 sq. ft., 5 Ops (4 Equipped), Ops, 2 Equipped, 780 sq. ft., 2013 GR $854K HUNTINGTON BEACH: General WEST LOS ANGELES: NEW LISTING!
Dexis Digital X-rays, Dentrix software. #CA191 Practice., 3 Ops. Dentrix, Digital, Laser, Intra- General Practice, 4 Ops, newly built-out suite,
#CA239 IN ESCROW! SANTA CRUZ COUNTY: General Oral. Est.23 Years. #CA194 IN ESCROW! desirable high rise. 50+ years goodwill. FFS.
Dentistry. 3 Ops, 1,100 sq. ft., Schick Digital. 2014 GR $651K. #CA226
GREATER SACRAMENTO: General IRVINE: NEW LISTING! General
Practice. 7 Ops, 3,079 sq. ft. (Shared w/2nd Dentrix. GR $338K #CA550 Practice, 5 Ops, 4 Equipped. PPO/FFS, GR of WEST HOLLYWOOD: General Practice,
DDS – Separate Practices), 2013 GR $974K. SANTA ROSA: General Dentistry & $314K on a 3-day work week. #CA241 4 Ops, Mediadent, Intra-Oral Camera, Digital,
#CA140 Building. 3 Ops. 2013 GR $542K w/Adj. Net Laser, 5 yr old equip. 2014 GR of $613K .
LOS ANGELES: General Practice. 9 Ops, #CA212 IN ESCROW!
GREATER SACRAMENTO: General $182K #CA200 6 Equipped. Dentrix, Digital. Est.16 Years.
Practice. 2,100 sq. ft. w/6 Ops, Dentrix WALNUT CREEK: PRICE REDUCED! 2013 GR 824K w/adj. net. $355K #CA197 SAN DIEGO
software, X-rays. Combined 2013 GR of Prosth Practice. 3 Ops, Full Lab. 2013 GR IN ESCROW!
$1.1M. #CA237 IN ESCROW! CENTRAL SAN DIEGO: NEW
$399K w/adj. net. $143K #CAM540 LOS ANGELES: General Practice. 4 Ops, 3 LISTING! Very busy 6 Op General Practice
GREATER SAN JOAQUIN: Pedo Practice. IN ESCROW! Equipped, Est. 60+ years in prof. bldg.. 2013 with room to expand to 9 Ops. PPO, Dentrix,
Pano, Digital X-ray, 3 chairs. 2014 GR approx.. GR of $824K with $355K adj. net. #CA211 Digital. 2014 GR 1.7M. #CA231
$700K. #CA230
CENTRAL CALIFORNIA
CENTRAL COAST: 6 Ops, 8 days of N. ORANGE COUNTY: NEW LISTING! DOWNTOWN: NEW LISTING!
GREATER SAN JOSE: Perio Practice. General Practice. 4Ops, Beautiful design, great Leasehold sale. Modern and chic downtown
Fiscal-year GR $1.3M. 5 Ops, 2 add’l hygiene/wk. 2013 GR of $2.3M and $804K in
adj. net. Dentrix, Digital, Paperless. #CA208 location near freeway & shopping #CA234 RI¿FHLQSULPHORFDWLRQRSVURRPWR
Plumbed, in same loc. 28 years. #CA219 expand. #CA232
IN ESCROW! FRESNO: General Dentistry Partnership. PALM DESERT: NEW LISTING! Perio/
2013 Partnership GR $4.7M. Selling Partner Implant Practice. 6 Ops, 5 Equipped, Dentrix, LA MESA: NEW LISTING! General
MARIN COUNTY: Mill Valley. 1,260 sq. ft., Digital, Pano, 20+ years of goodwill. 2014 GR
2013 Net Inc. $368K. #CA196 Practice. 4 Ops. 3 Equipped, FFS/PPO,
3 Ops, 1 add’l Plumbed. Dentrix, Digital X-ray, $805K with $339K adj. net. #CA245 Dentrix, Digital. 2013 GR $342K , similar in
Intra-Oral. #CA224 IN ESCROW! FRESNO: General Practice. 4 Ops, 1,739 sq.
PALM DESERT: NEW LISTING! 2014. #CA227 IN ESCROW!
MENDOCINO COAST: General Practice. ft., CEREC, 61% Overhead. 2013 GR $740K+.
D
General Practice, 5 Ops, Est. for 32 years,

SOL
4 Ops, 2,376 sq. ft. Dentrix, CAD/CAM. 2013 #CA20 IN ESCROW! LA MESA: General Practice. 3 Ops, 2,000
6 days of hygiene/week/ GR of $824K and sq. ft. in a Prof. Bldg.. Dentrix, Laser, Digital.
GR $1M+. #CA181 FRESNO: 5 Ops, 4 Equipped, 1,400 sq. ft., w/ $339K adj. net. #CA245 2012 GR $396K w/adj. net. $155K. #CA127
N. COAST: Endo Practice. 6 Ops, 5 Plumbed, Pano, Dentrix software, all digital. 3 years GR
averaging $409,000. Priced to sell. #CA243 SANTA ANA: 6 Ops, Dentrix, Dexis, Pano, N. COUNTY COASTAL: NEW
3,300 sq. ft.. Digital X-ray, Microscopes, Laser. GR just over $1M in 2013, higher in
EndoVision software. #CA214 IN ESCROW! LISTING! General Practice, 3 Ops, digital,
2014. #CA221 IN ESCROW! Dentrix, FFS/PPO. 2014 GR of $530K with
N. EAST BAY: PRICE REDUCED $77K! PORTERVILLE: General Dentistry, 6 Ops.
S. ORANGE COUNTY: General Practice. $228K adj. net. #CA253
General Practice + Bldg. 7 Ops. 2,324 sq. ft. 2014GR $555K, 7 year old equipment, retail
center. #CA223 5 Ops. EagleSoft, Schick, Intra-Oral. 2013 N. COUNTY INLAND: NEW LISTING!
2012 GR $885K. #CA108
GR $400K w/adj. net. $136K #CA192 IN General Practice & bldg, 4 Ops, PPO/FFS,
NORTHERN CALIFORNIA: Perio TUOLUMNE COUNTY: General Practice ESCROW!
& Bldg. 6 Ops, 2,000 sq. ft., 2013 GR $1MM+ Digital, Pano, Cerec. GR over $1M. #CA216
Practice, Partnership Position. 6 Ops, 1,500
sq. ft. Dentrix. Owner Financing Available. #CA197 IN ESCROW! S. ORANGE COUNTY: NEW LISTING! SAN DIEGO: General Practice. 3 Ops. FFS,
#CA168 Pedo Practice with 4 Ops, 1 year new PracticeWorks. Located in Central San Diego.
SOUTHERN CALIFORNIA equipment, digital, Pano/ $236K GR with room 2014 GR $187K. #CA161
NORTHERN CALIFORNIA: Endo to grow. #CA222
Practice. 3 Ops, 1 Plumbed, 1,200 sq. ft., ANAHEIM: General Practice & Bldg. 6 Ops, SANTEE: NEW LISTING! General FFS/
2 Microscopes, Digital. 2013 GR $319K+ 3 Equipped, 3 Plumbed. Near Disneyland. Est. SOUTH BAY, LOS ANGELES: NEW PPO Practice, 6 Ops, retail center, Dentrix,
#CA158 IN ESCROW! 39 years. #CA186 LISTING! General Dentistry. 3 Ops, Dentrix, Digital, $780K GR in 2014. 7 days of hyg/
ANAHEIM: 4 Ops, 5 add’l available, Dexis, Pano, mostly FFS, 8 days hyg/week. week, long-term staff. #CA228
NORTHERN CALIFORNIA: Endo $1.1M GR in 2013. #CA218
Practice. 4 Ops, 1 Add’l Available, 1,021 sq. ft., SoftDent, Digital X-rays and Digital Pano. S. BAY AREA, SAN DIEGO: General
2013 GR $337K #CA169 2013 GR 237K. #CA207 IN ESCROW! SOUTH PASADENA: NEW LISTING! Dentistry, 3 Ops, 4 days hyg/wk. Retail center,
BAKERSFIELD: General Practice. 4 Ops. General Dentistry. 4 Ops, 3 Equipped, Dentrix, Digital Pano, PPO & FFS. Proj. GR
OAKLAND: General Practice. Piedmont paperless, digital, est. 37 years. 2014 GR
'LVWULFW2SVLQVKDUHGRI¿FHZVTIW Pano. Est. 20+ Years. 2013 GR $521K. 2014 $562K. #CA206
#CA193 $856K with $271K adj. net. #CA244
GR$453K. #CA217 IN ESCROW! OUT OF CALIFORNIA
PLEASANTON: Facility Only, Former Endo BALDWIN PARK: General Practice. 5 TEMECULA: General Practice. 6 Ops.
Ofc, Good GP Startup. 2 Ops, 1 Plumbed & Ops, 4 Equipped. 2013 GR $286K w/Adj Net EagleSoft, 14 Workstations, Digital, CEREC, HAWAII (MAUI): PRICE REDUCED!
Partially Eq. 975 sq. ft., #CA195 $133K. #CA176 Pano. Est.26 Years, Long-Term Staff. #CA174 General Practice. 4 Ops, Approx. 1,200 sq. ft.,
IN ESCROW! GR $636K #20101

NORTHERN CALIFORNIA OFFICE NEW SOUTHERN CALIFORNIA OFFICE


1.800.519.3458 www.henryscheinppt.com 1.888.685.8100
Henry Schein Corporate Broker #01230466
Regulatory Compliance C D A J O U R N A L , V O L 4 3 , Nº 6

Uses and Disclosures of Patient Health Information:


Part II CDA Practice Support

T
he rules under which a dental Law enforcement without a subpoena. ■ To respond to requests for
practice may use or disclose Sometimes law enforcement will information about a crime victim.
patient health information request a patient’s information from a ■ To alert law enforcement
(PHI) for public benefit and dental practice. Although it is prudent of a suspicious death.
interest activities is the subject to insist upon a subpoena, HIPAA ■ To provide evidence of
of this article. Last month’s article permits a dentist, without patient criminal conduct.
reviewed HIPAA and state rules for authorization, to release protected Before providing the requested
required and incidental disclosures, as health information to law enforcement information, verify the identity and
well as permissible uses and disclosures under the following circumstances: credentials of the individual receiving it.
for treatment, payment and business ■ To report injuries resulting from Mandated reporting. The obligation
operations. In all but required criminal acts or deadly weapons. of a licensed dental professional to
circumstances, a dental practice should ■ To respond to court orders, search disclose possible domestic abuse,
use or disclose the minimum necessary warrants, court-issued subpoenas violence, neglect, criminal activity and
information to accomplish the purpose or regulatory agency order. other legal violations involving patients
of the use or disclosure of information. ■ To respond to requests for information to appropriate agencies is not hindered
HIPAA and state law permit the use to identify or locate suspects, fugitives, in any way by HIPAA or California law.
or disclosure of PHI without a patient’s witnesses or missing persons. Patient authorization is not necessary.
authorization to third parties that benefit
the public or perform in the public’s
interest, but only in specific circumstances.
Other circumstances involving the same
third parties may require a patient’s When Looking To Invest In Professional
authorization to use PHI. Below are
the third parties and the circumstances Dental Space Dental Professionals Choose
under which patient authorization is or
is not required to use or disclosure PHI.
Subpoenas, court orders and
administrative orders. A dental practice
must disclose PHI pursuant to a legally
Linda Brown
executed subpoena issued by a state
or federal court, board, commission 30 Years of Experience Serving
or administrative agency. Subpoenas the Dental Community Proven
and search warrants presented by law
enforcement do not require patient Record of Performance
authorization for the production of PHI.
If presented with a civil suit subpoena, a • Dental Office Leasing and Sales
dental practice may disclose information
For your next move, • Investment Properties
if the subpoena is issued by a California
or federal court and is accompanied contact: LINDA BROWN • Owner/User Properties
with either the patient’s authorization • Locations Throughout
or documentation that the patient has
Direct: (818) 466-0221 Southern California
been informed of the subpoena. A dental
practice should contact legal counsel if
Office: (818) 593-3800
questions arise about a subpoena. An Email: LindaB@TOLD.COM
administrative order issued by a state Web: www.TOLD.com
or federal board, commission or agency Cal BRE: 01465757
is typically accompanied by a patient’s
authorization for release of information.
J U N E 2 015  337
JUNE 2 0 15 REGUL ATORY COMPLIANCE
C D A J O U R N A L , V O L 4 3 , Nº 6

Coroner. California law requires, and organ or tissue donation, child or elder Social services agencies. If a minor
HIPAA permits, health care providers abuse, suicide, poisoning, accident, patient is in the temporary custody of
to release information upon a coroner’s sudden infant death, suspicious deaths, a social service agency or probation
request to help identify the deceased, unknown deaths or criminal deaths. department or is a ward of the
locate next of kin or investigate deaths Authorization by the patient or a court, a dental practice may release
that may involve public health concerns, patient’s representative is not required. to those entities PHI necessary for
coordinating health care services
and treatment for the patient.
Public health agencies. Incidences
of communicable diseases, such as TB
and measles, must be reported to a local
public health agency. The report does
not require patient authorization. Dental
practices may provide, without patient
authorization, patient information to
Paul Maimone local, state and federal health agencies for
NOW IS THE BEST TIME IN YEARS Broker/Owner the purpose of preventing or controlling
TO BUY OR SELL A PRACTICE! disease, public health investigations
and public health surveillance. Dental
ARCADIA – (4) op comput G.P. Located in a well known Prof. Bldg. on a main thoroughfare. practices also may report adverse
Cash/Ins/PPO pt base. Annual Gross Collect $300K+ on a (3) day week. NEW
BAKERSFIELD #29 - (4) op comput G.P. (3) ops eqt’d, (1) add. plumbed. Located in a free events involving drugs or devices to
stand bldg. Cash/Ins/PPO. Digital x-rays. Annual Gross Collect $300K+ p.t. Seller moving. NEW the FDA MedWatch program.
ENCINO – (3) op comput G.P. located in a prof bldg. on a main thoroughfare. Annual Gross Serious threat to health or safety. A
Collect $150K+ p.t. Cash/Ins/PPO. Below market Lease. Great Starter or Satellite. Seller retiring.
LANCASTER – (5) op comput. G.P. & Single Use Bldg. Be your own Landlord. (3) ops eqt’d dentist may disclose minimum necessary
(2) add plumbed. Located in a free stand bldg. on a main thoroughfare. Cash/Ins/PPO pts. Gross PHI when he or she believes such
Collect $300K+ on a (2) day wk. Digital. Total payment $4K/mos w $30K down. WOW! disclosure will prevent a serious or
LA VERNE – (7) op comput. G.P. (3) ops eqt’d (4) add plumbed. Located in a busy shop. ctr. w
exposure/visibility & signage. Cash/Ins/PPO. Digital X-rays. 2014 Gross Collect ~ $390K. imminent threat to a person or persons.
MONTEREY PARK – (6) op comput G.P. located in a street front suite on a main thoroughfare Such disclosures may be made without
w exposure & visibility. Cash/Ins/PPO. Annual Gross Collect $250K+ p.t. Seller retiring. NEW
PASADENA – Nearly New Turnkey Office w some charts. Newer eqt. Gorgeous!
patient authorization to an entity that
RANCHO CUCAMONGA - (4) op comput. G.P. in a strip ctr. w visibility. (3) ops eqt’d (4th) op can prevent or lessen the threat.
plumbed. Annual Gross Collect $185K+ on 2.5 days/wk. Cash/Ins/PPO pts. Seller moving. Research. Before allowing PHI to be
SHERMAN OAKS – (3) op comput G.P. in a well known, easily accessible Med/Dental bldg.
Cash/Ins/PPO. Annual Gross Collect $180K+ p.t. Great Starter or Satellite. Seller retiring. used without patient authorization for
So. KERN COUNTY – (6) op comput. G.P. located in a Bakersfield suburb in a small strip ctr. w research, a dental practice is obligated
exposure/visibility. Pano eqt’d. Limited competition. Cash/Ins/PPO pts. Annual Gross Collect. to ensure the researcher has provided
Approx. $350K p.t. Seller is moving and is motivated. NEW
SANTA ANA - absentee owned (6) op fully eqt’d G.P. First floor street front location on a main it with certain assurances required by
thoroughfare. Exposure/visibility/signage. Cash/Ins/PPO. No HMO & No Denti-Cal. Pano eqt’d HIPAA (see hhs.gov/ocr/privacy/hipaa/
& Computerized. 2014 Gross Collect. of $549K+ on a (3½) to (4) day Associate run week. NEW understanding/special/research). A
SOUTHWEST RIVERSIDE COUNTY - (5) op comput. G.P. (4) ops eqt’d/5th plumbed. 2015
Project Gross Collect $400K+. Cash/Ins/PPO. Located in a smaller prof. bldg. in a condo which dental practice also may use or disclose
can be purchased or leased. Seller giving up private pract. to accept institutional position. NEW for research purposes and without
TUSTIN - (4) op comput. G.P. (3) eqt’d/4th plumbed. Located in a busy shop ctr. on a main
thoroughfare. Exposure, visibility & signage. Digital x-rays & CEREC. Annual Gross Collect
patient authorization a limited data
$460K+ on an easy 4½ day week. Cash/Ins/PPO. No Denti-Cal or HMO. Growth potential. NEW set of PHI. A limited data set does
WEST SAN FERNANDO VALLEY - (4) op comput. G.P. w modern equipt. Located in a not include 16 specified identifiers.
smaller prof. bldg. on a main thoroughfare. Cash/Ins/PPO pts. Annual Gross Collect $750K+ on a
(4) day week. Excell. long term lease, outstanding signage, & great off street parking. SOLD Miscellaneous. PHI may be disclosed
UPCOMING PRACTICES: Bakersfield, Beverly Hills, Central Coast, Covina, Montebello, without patient authorization as
Oxnard, Pomona, San Gabriel, SFV, Temecula, Thousand Oaks, Torrance, Visalia & Valencia. authorized by workers’ compensation
D&M SERVICES: laws and Cal/OSHA. ■
Q Practice Sales and Appraisals Q Practice Search & Matching Services
Q Practice and Equipment Financing Q Locate and Negotiate Dental Lease Space
Regulatory Compliance appears monthly
Q Expert Witness Court Testimony Q Medical/Dental Bldg. Sales & Leasing
Q Pre - Death and Disability Planning Q Pre - Sale Planning and features resources about laws and
P.O. Box #6681, WOODLAND HILLS, CA. 91365 regulations that impact dental practices. Visit
Toll Free 866.425.1877 Outside So. CA or 818.591.1401 www.dmpractice.com cda.org/practicesupport for more than 600
Serving CA Since 1994 CA BRE Broker License # 01172430
practice support resources, including practice
CA Representative for the National Association of Practice Brokers (NAPB) management, employment practices, dental
benefit plans and regulatory compliance.

338 J U N E 2 015
C CARROLL
& C O M P A N Y
Complete Evaluation of Dental Practices & All Aspects of Buying and Selling Transactions
“Matching the Right Dentist
to the Right Practice”

4068 MARIN COUNTY GP


Well established and respected, quality general
practice located in desirable Marin County
location. Office has convenient ample parking,
overlooking a beautiful park like setting
adjacent to a peaceful creek. Owner/Doctor is
ready to transition into retirement. Office
contains 5 ops in ~1,300 sq. ft. Gross receipts
average $1.2M annually with less than 4
doctor days/week. Adjusted net averaging ~
$400K for last 2 years. Doctor has experienced
many gratifying years treating exemplary
patients and requires an experienced G.P. with
minimum of 2-5 years of experience.

Mike Carroll & Pamela Carroll-Gardiner 4078 LOS ALTOS GP


Seller relocating and offering established 35
4043 SANTA ROSA GP year old general practice in highly desirable
area. 1,230 sq. ft. office with 3 fully equipped
Well-established, well respected general dental
ops. 2014 GR $500K+ Approx. 2 1/2 doctor-
practice located within a lovely professional
days. Asking $350K.
center in the heart of town.  Beautifully
landscaped grounds with ample parking, 4051 CENTRAL COAST PROSTHO
Condo is also available for purchase. Owner/ We l l - e s t a b l i s h e d p r a c t i c e l o c a t e d i n
doctorworks 3.5 days a week with 3.5 days of California’s gorgeous Central Coast area.
hygiene.   Gross receipts average $750-$800K Beautifully appointed, spacious 1,568 sq.ft.
every year with an adjstd net of almost office with 4 fully equipped ops, pros lab and
$300K.  Seller is willing to assist Buyer for a other amenities. Situated just minutes from
smooth transition.  Asking price for practice the ocean and <5 miles away from one of
only $495K. California’s historic Mission Cities, this
4076 MORGAN HILL GP practice is nestled in a highly desirable
community. 2013 gross receipts were $1.2M+
Absolutely beautiful and modern; established
and 2014 is annualized at $1.3M+ on a 4 day
practice in well-known Professional Center.
doctor workweek, w/4 days of hygiene/week.
State-of-the-art office in approx. 1,000 sq. ft.
Approx. 15 new patients a month and ~1,500
3 fully equipped ops, with room for a 4th op.
active patients (all fee-for-service). Owner/
300+ active patients. Gross Receipts approx.
doctor is willing to help Buyer for smooth
$245K. Ideal turn-key operation. Asking
transition.
$215K.
4054 MID-PENINSULA ORTHO
4075 PETALUMA GP
This established orthodontic practice is located
Established GP located in Petaluma in Carroll & Company
in desirable centrally located area with a solid
stunning 1,856 sq. ft. seller owned facility in 2055 Woodside Road, Ste 160
economic base, numerous amenities & diverse
Redwood City, CA 94061
class A, 2 story, 10 year-old professional D
building. State-of-the-art office includes 6 ops, SOL is state-of-the-art with 5
residents. The office
(open bay) ops in approximately 1,600 sq. ft.
staff lounge, reception area, private office, Both practice and building are for sale. Asking
Phone:
business office, lab area, sterilization area, $591K practice, $937K building. 650.362.7004
consult room, separate storage area, bathroom 650.362.7005
plus private bathroom. 4 doctor-days & 4 UPCOMING: 650.362.7006
hygiene days/wk. Avg. GR $640K. Asking San Jose GP Email:
$490K. Bay Area Perio dental@carrollandco.info

Website:
www.carrollandco.info
CA DRE #00777682
800.641.4179
WPS@SUCCEED.NET
WESTERNPRACTICESALES.COM

BAY AREA
What separates AC-335 SAN FRANCISCO: Two great practices for the
BAY AREA CONTINUED

us from other price of one! Call for Details!!


AC-417 SAN FRANCISCO Facility: Turn-Key Op-
DN-409 SAN JOSE Facility: Desirable neighborhood
w/ fantas c visibility! 1,400 sf w/ 7 ops. $95k
portunity! 555 sf w/ 2 ops + 1 add’l. Call for DN-408 SAN JOSE: Seller is re ring and is passing
brokerage firms? Details! this onto you! 1,300 sf w/ 2 ops + 2 add’l. $75k
DC-419 NEWARK Facility: Loca on, Loca on, Loca-
AG-053: 3,000 sf w/ 9 ops + 1 add’l. PRIME LOCA-
TION! $595k on! 1,400 sf w/ 4 op. $140k
AG-402 SOUTH SAN FRANCISCO: Seller Highly Moti-
vated! All New Upgrades! 1050 sf w/ 3 ops $250k NORTHERN CALIFORNIA
AG-416 SAN CARLOS: Turn-Key located in a highly
desirable community! 1,350 sf w/ 3 ops. $90k EN-340 SACRAMENTO: Large HMO prac ce! 3,400 sf
Our extensive buyer BN-183 HAYWARD: Kick it up a notch by increasing w/ 10 ops and Plumbed for 1 add’l $950k
EN-350 SACRAMENTO: The Perfect Merger Oppor-
database and the current very relaxed work schedule! 1,300 sf w/
3 ops $150k tunity! Old-fashioned values and philosophy! 674 sf
w/ 1 op. $85k
unsurpassed exposure BN-279 CONTRA COSTA COUNTY: 2-story. 1,350 sf
EN-378 LINCOLN: quality prac ce with a wonderful
w/ 3 ops +1 add’l $60k
allows us to offer you a BC-361 OAKLAND: Established for over 23+ years! pa ent base! 1,369 sf w/ 2 op + 3 add’l. $170k
2,200 sf w/ 7 ops. Now Only: $385k EN-379 ROSEVILLE: An amazing opportunity in the
BC-381 PLEASANT HILL Facility: Open Floor Plan! loca on of your dreams! 1,040 sf w/ 3ops. $295k
1,852 sf w/ 6 equipped ops! Move in Ready! $80k EN-391 SACRAMENTO: Opportuni es like this one

Be er BG-407: SAN LEANDRO: Prof bldg. Great signage!


1200 sf w/ 3 ops $150k
CC-390 SOLANO COUNTY: Near Travis AFB! Highly
are “few and far between”! 1,200 sf w/ 4ops. $310k
EN-423 FOLSOM Oral Surgery Facility: Primed for
success! 3,450 sf w/ 2 Lrg. Treatment Rooms. $100k
FN-181 NORTH COAST: Well respected FFS GP.
visible location! 950 sf w/ 3 ops $200k

Candidate CG-366 SONOMA CO.: Vibrant, growing communi-


ty! 1,300+ sf w/ 4 ops. Over $760k in collections!
$480k
Stable patient base. 1,000 sf w/3 ops $150k (25%
int. in bldg. avail.)
FN-299 FERNDALE: Live and practice on the beau-
tiful North Coast! 1,300 sf w/ 3 ops $225k (Real
CN-344 N. SONOMA CO: Long-established, stellar
reputa on! 2560 sf, w/ 6 ops $925k Estate: $309k)
FC-334 NORTHERN CA: Emphasis on preven on.

Be er
CC-369 SAN RAFAEL: Perfect starter prac ce oppor-
tunity! 900 sf w/ 3 ops. $350k 1,200 sf w/ 4 ops $480k / Real Estate Also Available!
DC-370 SAN JOSE Facility: Available with or without FC-343 NORTHERN CA: Quality & loca on are the
patient charts! Move in Ready! Call for Details! keys to success! 1,200 sf w/ 3 ops + 1 add’l & 1 hyg.
Op. $500k (Real Estate $375k)

Fit
DG-351 PLEASANTON Facility: Don’t miss out! Re-
duced to sell quickly! 1,000 sf w/ 3 ops. $69k GG-320 CHICO: Large, Unique, Originally designed
DG-394 LOS GATOS: Highest Quality of Dentistry! for more than 1 dds! 5,000 sf w/ 7 ops (+2 add’l)
Decades of Goodwill! 850 sf w/ 3 ops ONLY $280k $985k
DG-401 SAN MATEO: Fantastic El Camino Real Loca- GG-386 REDDING: Practice & Real Estate! 2,860 sf
tion. 900 sf w/ 3 ops $125k w/ 4 ops. Plumbed for 2 add’l! $360k and $660k

Be er DG-341 SUNNYVALE/LOS GATOS Combined Sale: GN-201 CHICO: Beautiful practice, major thorough-
Contact our office for details. $605k fare, stellar reputation! 1,400 sf w/ 4 ops & room
DG-396 SERRAMONTE AREA: Small Town Feel in for another $425k
Heart of SF. 850 sf & 4 ops $485k GN-244 OROVILLE: Gorgeous, Spacious. 2,500 sf

Price DN-311 PLEASANTON Facility: Great Loca on! 870 sf w/5 ops! Collections over $450k in 2013. $315k
w/ 3 ops + 1 add’l. NOW ONLY: $75k GN-258 REDDING: Pris ne and a rac ve! Conven-
DG-413 CUPERTINO: Rare Opportunity near APPLE iently located! 1,050 sf w/ 2 ops. $215k
“Spaceship” Campus! $1.15m GN-387 CHICO: Streamlined overhead and reasona-
DN-312 LIVERMORE Facility: Don’t miss out on this ble rent. 1,000 sf w/ 3 ops. $235k
one! 1,070 sf w/ 3 ops. REDUCED! $75k GN-399 REDDING: Loyal pa ent base and relaxed
We are a proud member of: DN-353 ALAMEDA: Fantas c Opportunity with view workweek schedule. 1,440 sf w/3 ops. $150k
of the estuary 2,060 sf w/ 5 ops. Now Only: $750k GN-404 SHASTA AREA: A fantas c place to live, work
DN-388 WATSONVILLE 2,393 sf w/ 4 ops + 4 add’l.. and raise a family! 1,500 sf w/3 ops $100k
Must Sell Quickly! All Reasonable Offers Considered! GN-418 REDDING: Goodwill Galore! Established for
DC-403 SANTA CRUZ: Well-established, modern, ~37 years and the seller is re ring! 3,200 sf w/6 ops
quality prac ce! 1,335 sf w/ 4ops. $725k +2 add’l. $495k
ASK
Timothy G. Giroux, DDS
is currently the Owner &
Broker at Western Practice
Sales and a member of the

THE nationally recognized dental


organization, ADS Transitions.

You may contact Dr Giroux

BROKER at: wps@succeed.net or


800.641.4179

NORTHERN CALIFORNIA CONTINUED


How important is the active patient count?
HG-298 REDDING FOOTHILLS: HEALTH FORCES Recently this number has become a totally over-blown issue. It is simply one of
SALE! Includes Cerec! 2,000 sf w/ 5 ops Prac- many metrics that a dentist can use to determine if the treatment philosophies are
ce $100k / Real Estate $250k similar. The due diligence process should be used to answer the most important
HN-213 ALTURAS: FFS practice is 2,200 sf w/ question a buyer can ask: What can I expect to produce/collect on this particular
3ops +1 add’l $115k patient base? Looking at the types of procedures, the number of prophys, the type
HN-280 NORTHEASTERN CA: “Only Practice in
Town” 900 sf w/ 2 ops $110k
of recall system AND a patient count should help answer that question.
HN-290 PLACERVILLE: Excellent Merger Op!
Embrace the lifestyle and build your success As dentists, we do not even have a definition for an “active patient”. Generally,
story here! FFS. 1,400 sf w/ 4 ops $210k most of us in the transition business have accepted the definition to mean any
patient that has been in the office for at least one visit in the past two years.
CENTRAL VALLEY Arguably that might not include the terrific patients that definitely get their major
treatment performed but may only show up every three years, or when something
IG-067 STOCKTON: Fully computerized, pa-
perless, digital. 5,000 sf w/10 ops Steal of
breaks. It also counts the patients that are one-timers only who may not come back.
the Century! Now ONLY $240k I have never seen a situation where the Seller truly believed he had less patients
IG-367 MERCED: Newly Remodeled, Paperless. than what the Buyer counted!
1,550 sf w/4 ops REDUCED! $325k
IN-297 MODESTO: Pris ne, contemporarily Every buyer is strongly encouraged to do their own chart count to make sure they
designed medical/prof ctr. 1,980 sf w/ 4 ops. can duplicate the production on that particular patient base. Essentially their
PR: $475k / RE : $425k
IN-345 MODESTO: Long-standing tradi on of
perceived number of patients is irrelevant to market price and is really only
quality care. 3016 sf w/ 5ops + 1 add’l. $495k relevant as it relates to them duplicating the production. This conclusion may
IN-358 MODESTO: Prac ce nets over 50%! sound strange, but it is the reality of practice sales. Only the buyer can determine if
1,200 sf, 3 ops+1 add’l. $350k a particular practice is a good fit.
IN-397 FRESNO/MADERA: “the Perfect Loca-
on”! 2,000 sf w/5ops. $480k In my seminars, we could present a patient case and ask for 10 dentists to give a
JN-295 VISALIA: Practice & Real Estate 2,000 treatment plan. We would probably have 10 different treatment plans, with some
sf w/ 5 ops PR: $185k RE: $300k
JC-349 FRESNO: Well Respected Specialty
possibly advising eventual full mouth reconstruction and others advising few
Prac ce limited to Dental Sleep Medicine. restorative needs, while watching the remaining teeth. I can also tell you that every
Call for Details! dentist believes that they are “just right” when it comes to their own treatment
JG-400 CLOVIS: Best priced prac ce on the plans. Therefore, I could place those 10 dentists in a practice purchase and I might
market! Digital Pano, Cerec and $330k in get two failures, two wildly successful outcomes and six dentists that finish within
PROFIT annually! $465k 15% of the original practice collections. ALL WITH THE SAME PATIENT
BASE! The Practice Price is NOT based on the number of patients. It is based on
SPECIALTY PRACTICES
the collections and profitability!
I-7861 CENTRAL VALLEY Ortho: 2,000 sf,
open bay w/ 8 chairs. Fee-for-Service. $370k Every patient base is unique based on their needs and their ability to
I-9461 CENTRAL VALLEY Ortho: 1,650 sf w/5 pay. The number of patients may not be as important as the type of
chairs/bays & plumbed for 2 add’l $180k
DG-264 SAN JOSE Ortho: $300-400k in build-
patients.
outs alone! 1800 sf w/ 5 chairs. REDUCED!
$245k
AC-325 SF Endo: TDO. Dexis. Central nitrous.
555 sf w/ 2 ops. $250k
BC-336 CONTRA COSTA CO Perio: 1,440sf, 4
ops +1 Great Location! Call for Details!
CC-346 SO MARIN CO Perio: 1,142 sf w/ 3 ops.
Meticulously maintained! REDUCED! $199k
BN-393 PINOLE Pedo: Streamlined prac ce,
where every child counts themselves lucky to
be a pa ent here! 2,000 sf w/ 5 ops. $1.2m
Jon B. Noble, MBA Mona Chang, DDS John M. Cahill, MBA Edmond P. Cahill, JD
Tech Trends C D A J O U R N A L , V O L 4 3 , Nº 6

A look into the latest dental and


general technology on the market

Adobe Fill & Sign (Adobe, Free) MyIdol (Huanshi Ltd., Free)
Adobe Fill & Sign is a powerful app that takes digital documents You may have seen the life-like cartoon character images of your
and gives users the ability to fill and sign them easily without friends on Facebook, with their face supplanted on a comic book
the need to print them. After completing an optional profile and version of themselves. Most likely, this came from a Chinese app
signature information, users can import PDF forms or photos of that has sent the Internet into a frenzy. MyIdol allows users to scan
forms into the app. PDF forms can come from the Web or from a photo of themselves and the app automatically designs an eerily
other apps. Photos of forms can come from the camera roll or similar cartoon replica. Users can then select skin tone, hairstyle,
a picture taken right from the device. When a form is loaded, clothing and more to make themselves more lifelike. The app takes it
users simply tap on an area and start typing to fill out the form. to a comedic level when users can insert their character into unusual
Annotations such as check boxes or bubbles can be made by a singing, dancing and action scenes, which are synced with music.
tap-and-hold gesture. Signatures or initials can be added to the Humorous photos/emojis also can be created. As a caution to
form by simply selecting an area and tapping on the pen. Quick potential users, note that the app’s language is set to Chinese. This
tools that appear when tapping an area make it easy to edit and can make the navigation difficult, but anyone savvy enough with
delete anything previously added. Areas can be automatically how apps operate can figure it out.
filled by selecting information from the optional profile and
— Blake Ellington, Tech Trends Editor
signature entries. Completed forms can be printed, messaged,
emailed or shared with virtually any app. Users with an Adobe ID
have the ability to store forms in the cloud.
Technology Becoming Key Part of
— Hubert Chan, DDS
Construction
Periscope (Twitter, Free) Technology has made its way into wearable items and cars, but now
it is becoming a primary selling point for home builders. According
Periscope for Twitter is a social media app that takes on live- to the Consumer Electronics Association (CEA), technology
streaming video and makes it easy to use in the process. Periscope incorporation is a necessity these days in home construction. CEA
requires a free account using Twitter credentials. Once an account conducted a study that found eight in 10 builders now offer clients
is created, users will find Periscope familiar because of its similarity features like structured wiring (84 percent), home theater (80
to Twitter. Users can choose to follow anyone with a Periscope percent) and monitored security systems (80 percent), according
account. Live activity feeds of followed users as well as a public to a CEA statement. The study also found that broadband Internet
feed can be viewed through the app. Notifications of followed is now a standard feature in homes, as nine in 10 new homes
users when they broadcast are available. Users specify titles of are equipped with broadband cable — up from 69 percent in
their broadcasts and whether the videos can be shared publicly or 2008, according to CEA. Shipment revenues in the U.S. consumer
privately to select accounts. Instantly, the broadcast title appears in electronics market are expected to reach $223.2 billion in 2015 —
the live activity feed timeline as well as notifications sent to those a 3 percent increase from 2014, according to CEA’s U.S. Consumer
following the account. Periscope users who select the broadcast see Electronics Sales and Forecast.
the live video. Users joining the broadcast appear as notifications
on the video and can comment. Likes are recorded by users in the — Blake Ellington, Tech Trends Editor
form of floating hearts that appear by tapping on the screen. The
total number of users watching the broadcast at any one time is Would you like to write about new technology?
displayed. Trending broadcasts are prominently displayed in the
public live activity feed. Dentists interested in contributing to this section should contact
Tech Trends Editor Blake Ellington at blake.ellington@cda.org.
— Hubert Chan, DDS

342 J U N E 2 015
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