Auckland dentist continued practising despite suspension, clients claim

Authorities are continuing to investigate a suspended Auckland dentist after receiving dozens of complaints against him.

Dr Jacob Goldenberg of Total Health Dentistry in Ponsonby has been suspended by the Dental Council since March last year, but patients say that he has continued to practise until recently.

RNZ broke the story last year and a recent Consumer NZ investigation has drawn more attention to the case.

In February, Auckland woman Iris Yang and her husband saw Dr Goldenberg, who came up with a treatment plan for extractions and subsequent implants.

They paid $7798 upfront but could not reach the dentist for the promised treatment.

"I couldn't get any reply. The clinic doesn't have a landline, and I tried to call him but it always went into the voice mail. I texted him but never got his reply," Yang told RNZ.

Yang said it was not until she asked for a refund that she heard back from Goldenberg, who denied the request.

She said her husband tried to find out what was going on and visited the practice about a month after the initial consultation but found it closed, with a few other patients waiting outside.

After chatting to other patients and starting to become suspicious, the couple did some research online and found the RNZ story about the dentist published last July, revealing he had been suspended for almost a year.

Yang and her husband eventually got their money back after they filed a complaint with their bank.

"I feel angry. Why he is still doing this practice and he is still seeing patients?"

Goldenberg is suspended from practising while allegations about his conduct are investigated by a Professional Conduct Committee appointed by the Dental Council.

The council said Goldenberg's alleged conduct "poses a risk of serious harm to the public".

RNZ is aware of a social media group of more than 20 patients of Total Health Dentistry, where Goldenberg is the sole shareholder and director.

Jing Rao paid $6739 in advance to the business in September 2022 for two implants, but the surgery has never been performed.

She said Goldenberg saw her and gave her medical advice at least once after he had been suspended.

In the end, she went to China for the implants and has since filed a complaint about the dentistry with the Disputes Tribunal.

Rao hoped the authorities could do more to help patients get their money back.

"I think we'd better try to seek more powerful action to stop him ... and another thing is I don't know which department can do something to force him to refund the money back to the patients."

The New Zealand Dental Association represents the country's dentists and dental specialists. The association's chief executive, Mo Amso, said people could check if a dentist was allowed to practise prior to their treatment.

"Members of the public who are intending to be patients of a dental clinic who may have concerns about the qualifications, or the credentials of their treating dentist can seek information from the regulator's website, the Dental Council of New Zealand and through their website to check who is registered," Amso said.

He said clinics could ask people to pay a deposit or a 50 percent payment to cover the cost of their third-party suppliers, but it was not common practice to ask people to pay the full amount upfront.

"Usually, dental practices who operate in the community as part of the clinics provide treatment as a 'pay as you go' service."

The Health and Disability Commissioner said it had received 49 complaints about Goldenberg.

Dental Council chief executive Marie MacKay said no charges had been brought before Health Practitioners Disciplinary Tribunal as the investigation was still in progress, however, "we understand it is in the advanced stages".

"We are now awaiting recommendations and determinations of the independent professional conduct committee appointed by the council to investigate Dr Goldenberg's conduct."

She also encouraged further patients who had concerns over the care they received by Goldenberg or who believed they had received care whilst Goldenberg was suspended from practising to lay a formal complaint with the council.

MacKay said the Ministry of Health had power to bring proceedings against a practitioner who did anything which suggested they were practising or was willing to practise their profession when they did not hold a current practising certificate.

"Patients who have paid money for services not received or not properly performed may be able to bring proceedings for recovery of sums of up to $30,000 in the Disputes Tribunal," she said.

Ministry of Health chief legal advisor Phil Knipe said in a statement that the ministry was in the final stages of its investigation into Goldenberg's compliance with the Health Practitioners Competence Assurance Act, and could not provide any further details at this stage.

RNZ has approached Goldenberg for comment.

There are currently nine practitioners under suspension, three of those registered to an address in Auckland, according to the Dental Council.