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'He could have caused harm to my child': Patient wants answers as Lackawanna dentist continues practicing

State senators have requested NYS open investigation
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LACKAWANNA, N.Y. (WKBW) — It's been four months since the 7 News I-Team exposed a Lackawanna dentist, Dr. Richard Charlap,who treated a pregnant patient against doctor's orders. The dentist's office is open and the dentist is still practicing.

At seven weeks pregnant, the patient needed medical clearance from her doctor to pursue treatment. But her doctor made it clear with a note, including special instructions, that the dentist should "refrain from prescribing...epinephrine.”

The dentist used a local anesthetic that had epinephrine in it, but never told the patient.

The doctor wrote in her official file, he used a drug without epinephrine. A whistleblower told the 7 News I-Team, he actually used the drug with epinephrine.

'What I did isn't allowed': I-Team obtains secret recording of Buffalo dentist

That patient is frustrated nothing's been done, even after a state senator called for an investigation.

In a text message, Patricia Pachetti told the 7 News I-Team, "...the fact he's still practicing dental care is terrifying..."

Charlap, whose office is on South Park Avenue, admitted on a secret recording to giving Pachetti drugs her doctor said she shouldn't have had. She was pregnant at the time.

"What I did isn't allowed..." Charlap said on the recording. "But is it going to do anything to the fetus? The answer is no. Okay? They just don't want us taking chances."

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"The fact that anything hasn't been done in order to stop this man is vile..." Pachetti said via text.

State Senator Patrick Gallivan called on the New York State Education Department to investigate,immediately after our I-Team reporting.

Drantch: What's the update from the State?

Gallivan: Well, we don't have an update.

Gallivan

Gallivan says, the State Education Department doesn't comment on pending investigations. Still, he says, timely investigations and conclusions of investigations are important for prevention and accountability.

Gallivan: It's very frustrating when things are not done in a timely basis, and can lead to potential problems.

Drantch: On one side, we say, okay, there's the investigation taking place. On the other hand, it's taking a long time and something else could feasibly happen. So where's the middle ground or the give and take?

Gallivan: That's a great question. I mean, it's a great question, where's the middle ground? I could see citizens being frustrated that the governmental process and governmental agencies don't improve if they need it. I think it's problematic. I think the lack of timeliness with investigatory bodies in the state, in general, take too long. And I think that that's a problem for obvious reasons. And it's a whole culture that it's been allowed to exist. Just saying that that's the way it is isn't acceptable.

Gallivan explained that the state legislature can put forward legislation but insists it is on the Governor to make sure her people are doing their jobs.

In a statement to the 7 News I-Team, the governor's spokesman writes:

The State of New York holds all medical professionals to the highest standards and any allegations of misconduct must be fully investigated under New York's laws...

Drantch: So what would your message to the governor be at this point?

Gallivan: Governor, ask the head of your agency, what is going on with this? When's it going to be done? And let's demonstrate to the public that we are doing our job properly.

The governor's spokesman wrote:

As the Governor does not have oversight over the State Education Department, any inquiries about this specific investigation should be directed to SED.

The New York State Board of Regents is the oversight body for the State Education Department.

We've reached out to that office — via email — with no response.

Only final disciplinary actions from the Board of Regents are made public, so it seems this is all wrapped up in a cycle of red tape and bureaucracy as the investigation into Dr. Charlap continues.

In the meantime, Pachetti is craving a conclusion.

"He could have caused harm to my child and that's something I'll never forgive..." she wrote.

The 7 News I-Team has once again reached out to Dr. Charlap, to give him an opportunity to have his voice heard. Charlap said he would have to get in touch with his lawyer. Neither he nor his lawyer have been back in touch.