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temporal mandibular disorders, implants, etc., as well as the
proposed treatment for these and other conditions.
According to promotional materials, the system provides
images that “facilitate fast, accurate analysis and diagnosis” of
dental conditions. Furthermore, according to the promotional
materials, the system “reduces the time necessary to explain
diagnoses and procedures and describe courses of treatment with
patients”. The system has general applicability and usefulness
to all patients. The promotional materials do not suggest that
the system was designed specifically to facilitate the treatment
of disabled individuals.
Some of petitioner’s patients are hearing impaired.3 Prior
to purchasing the system, petitioner communicated with his
hearing-impaired patients primarily through the use of
handwritten notes. He also provided educational video tapes that
his patients could view through the use of a VCR and television
set. None of his hearing-impaired patients complained to
petitioner about this method of communication. Nevertheless,
petitioner found communicating in this manner to be cumbersome
and time consuming. According to petitioner, the use of
handwritten notes generally added about 20 minutes to an
examination. Furthermore, after each examination, the pens,
3 When questioned on cross-examination, petitioner refused
to disclose the number of hearing-impaired patients that he
treated during the years in issue.
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Last modified: May 25, 2011