Dentist's Advantage Case Study Archives

Failure to Perform X-Rays Before Replacing Partial Denture With Fixed Bridge
Woman Claims Jaw Problems Excluded Her as Candidate for Bridge - $196,900 Verdict After Defendant Admits Liability.

February 2010

Woman Claims Teeth Pulled Without Consent
The plaintiff, age twenty-five, chipped an upper front tooth and went to ABC Dental Clinic for treatment. The plaintiff claimed that she was advised to have three teeth extracted and a partial upper denture placed.

January 2010

Failure to Diagose Squamous Cell Cancer During Nine Months of Dental Treatment -$500,000 Settlement.
The plaintiff, age forty-eight, had not received dental treatment for two years when he went to the defendant with lower right jaw discomfort which was relieved by aspirin

December 2009

Arthroplasty and Steroid and Sodium Hyaluronate Injections Used as Treatment for TMJ Symptoms After Sledding Accident - Development of Complex Regional Pain Syndrome and Disfigurement - Jaw Fuses Shut Multiple Times - $14.8 Million Verdict.
The plaintiff alleged negligence in the treatment of her jaw, leading to the chronic pain condition.

November 2009

Nerve Injury During Replacement of Implant - Defense Verdict.
The plaintiff alleged negligence in the preparation for and the performance of the "re-do" implant, leading to nerve injury with permanent numbness.

October 2009

Fractured Maxilla During Tooth Extraction Causes Loss of Tooth Intended to be Anchor for Bridge - Man Claims Lack of Informed Consent - $147,000 Verdict.
The plaintiff claimed that he was not informed of the possibility that his jaw could be fractured during the procedure and maintained that the consent form was signed after the procedure.

September 2009

Failure to Prescribe Antibiotics Prior to Tooth Extraction for Abscess Blamed for Development of Necrotizing Fasciltis and Death Defendant Claims Antibiotics Weren Necessary and Would Not Have Changed Outcome - $2.6 Million Net Verdict.
The plaintiff claimed that the doctor should have prescribed antibiotics prior to the extraction, which would have prevented the development of the necrotizing fasciitis which ultimately caused the death.

August 2009

Failure to Properly Diagnose and Treat Periodontal Disease - Woman Loses All of Her Teeth - $165,000 Settlement.
The plaintiff ultimately required the removal of all of her teeth. The plaintiff claimed that the defendant failed to properly diagnose and treat her condition.

July 2009

Failure to Diagnose and Treat Tooth Infection Blamed for Need for Emergency Tracheotomy and Extensive Treatment - Defendants Claim Infection Was Not From Original Tooth Infection - $100,000 Verdict Against One Dentist.
The plaintiff alleged that the defendants failed to treat the continuing tooth infection and that if she had been properly treatment, she would not have required surgery.

June 2009

Patient With Sjogren's Syndrome Has Full Mouth Restoration Including Porcelain Crowns - Dentist Improperly Seals Crowns - Confidential Settlement.
The plaintiffs claimed that the defendant did not adequately seal the margins of the crowns and therefore failed to meet the standard of care.

May 2009

Dental Implant Injuries Inferior Alveolar Nerve - $2.6 Million Verdict.
The plaintiff claimed that the implant was not properly fitted, in that it was too long and went through her inferior alveolar nerve.

April 2009

Root Canal Sealant, Eugenol, Overfilled During Root Canal - Inferior Alveolar Nerve Injury Causes Numbness - $80,709 Verdict in Damages After Defendant Admits Liability.
The plaintiff lip and chin were rendered permanently anesthetized as a result of the incident.

March 2009

Failure to Biopsy Sores in Mouth Blamed for Metastasis of Squamous Cell Carcinoma - Death - $180,000 Settlement.
The plaintiff claimed that the defendant was negligent in not performing a biopsy and/or failing to suspect cancer.

February 2009

Improper Placement of Implant During Restorative Treatment - $232,000 Verdict.
The plaintiff alleged negligence by the defendant regarding the placement of the implant which caused the implant to have to be redone.

January 2009

Failure to Diagnose Abscesses in Molars Develops Into Vascular System Strep Infection Which Eventually Required Excision Surgery in Hip - $135,000 Settlement.
The plaintiff required four months of intravenous antibiotic therapy and also required excision surgery to remove necrotic tissue. She produced medical evidence connecting the abscessed molars to the hip infection.

December 2008

Failure to Biopsy Sores in Mouth Blamed for Metastasis of Squamous Cell Carcinoma - Death - $180,000 Settlement.
The oral surgeon diagnosed a healing ulcer and performed an alveoloplasty (surgical contouring of the alveolar ridges for comfortable denture wear) of the lower right side. No biopsy of the sores was performed or recommended, as the defendant did not suspect cancer.

November 2008

Improper Placement of Implant During Restorative Treatment - $232,000 Verdict.
During a nearly five-year course of care the defendant did several things, including inserting five dental implants. One of the implants developed an exposed thread on tooth 22.

October 2008

September 2008

August 2008

July 2008

Woman Claims Failure to Properly Evaluate and Treat Dental Problems - Defendant Claims Problems Were Sinus Related, Not Dental Related - Defense Verdict.
The plaintiff alleged negligence in the evaluation and treatment received from the defendant.

June 2008

Failure to Prescribe Proper Antibiotics Following Root Canal and Failure to Respond to Phone Call - Emergency Tooth Extraction and Development of Diabetic Ketoacidosis - Confidential Settlement Following $57,800 Verdict.
The plaintiff claimed that Erythromycin was inappropriate for the type of exposure he had with a root canal.

May 2008

Failure to Suspect Cancer in Lesions in Mouth - Metastasis Occurs Before Cancer Diagnosed - Death - $180,000 Settlement.
In May 2004, the decedent went for a second opinion and an immediate biopsy was performed. Cancer was diagnosed and surgery was performed, but the cancer had metastasized.

April 2008

Failure to Properly Fit Dentures Blamed for Pain and Temporomandibular Joint Injuries - $75,000 Verdict.
The plaintiff claimed that the defendant was negligent in the management, procedure and post-denture care provided.

March 2008

Failure to Properly Prepare for Maxillary and Mandibular Surgery - Shift in Jaw Occurs - $150,000 Verdict.
The plaintiff alleged lack of informed consent and also that the dentist failed to timely diagnose and treat the postoperative shift in her lower jaw.

February 2008

Teeth More Sensitive Following Placement of Veneers - $366,000 Verdict.
The defendant claimed that the teeth were already sensitive and that sensitivity was a risk of the procedure.

January 2008

Infection Following Wisdom Tooth Extraction - Confidential Settlement With Group Prior to Trial - $75,720 Gross Verdict on Lack of Informed Consent Against Oral Surgeon.
The plaintiff claimed that there was a lack of informed consent and that the extractions were not properly performed.

December 2007

Numbness Continues Following Removal of Wisdom Tooth - $250,000 Post-Trial Settlement
The plaintiff claimed that his lingual nerve had been severed, resulting in permanent loss of feeling on the right side of his tongue.

November 2007

Unnecessary Extraction of Bicuspids of Child Alleged - $87,500 Verdict
The plaintiff claimed that the defendant should not have extracted the teeth and that there was no informed consent for the extractions.

October 2007

Excessive Force During Filling Alleged - Locked Jaw With TMJ Dysfunction - Defense Verdict
The plaintiff claimed that the defendant applied excessive downward and backward force on her jaw during the filling procedure.

September 2007

Failure to Treat Abscess in Teeth Blamed for Development of Hip and Strep Infection - $135,000 Settlement
Hip and strep infection likely caused by an abscess in teeth 15 and 30 which had channeled into the vascular system.

August 2007

Failure to Treat Periodontal Disease Blamed for Multiple Problems - Defendant Claims Woman Failed to Follow-Up on Referral and Only Sought Treatment in Emergency - Defense Verdict
The plaintiff claimed that she suffered moderate to severe periodontal disease at the time of the first visit which went untreated by the defendant.

July 2007

Nerve Damage During Wisdom Tooth Extraction - Numbness - $120,000 Verdict
The plaintiff claimed that the defendant failed to timely refer him to a nerve specialist, causing him to have a significantly reduced chance of repairing the nerve damage.

June 2007

Lingual Nerve Damage From Wisdom Tooth Extraction Causes Permanent Numbness and Taste Alteration for Man - $150,000 Settlement
Plaintiff claimed that the defendant was negligent in permanently injuring his left lingual nerve.

May 2007

Improper Treatment of Decay in Teeth Blamed for Continued Decay and Need for Root Canals and Crowns - $59,950 Settlement
The plaintiff claimed that the defendant had failed to remove all of the decayed matter and/or had not properly formed and sealed the fillings.

April 2007

Improper Placement of Crowns - Woman Claims Dentist's Claim of Severe Decay in Teeth Was Wrong - Loss of Several Teeth - $135,370 Verdict
The plaintiff experienced post-surgical pain and discomfort

March 2007

Extensive Dental Treatment Allegedly Not Done Properly and Had to be Redone - $53,000 Net Verdict
The plaintiff claimed that the defendant was negligent in his treatment and that he had made the recommendation for the treatment before he cleaned her teeth or took a history.

February 2007

Implant Damages Nerve Causing Paresthesia for Woman - $307,000 Verdict
Plaintiff claimed that defendant improperly inserted the implant and that he failed to obtain her proper informed consent.

January 2007

Pain, Numbness, and Loss of Taste to Right Half of Tongue Follow Wisdom Tooth Extraction - $200,000 Verdict
Plaintiff claimed that she did not give her proper informed consent and that defendant damaged the lingual nerve during the procedure.

December 2006

Failure to Use Antibiotics After Cheek is Drained by Dentist- Brain Abscess Develops and Causes Double Vision, Unsteady Gait and Other Cognitive Problems - $1 Million Verdict.
The plaintiff accused the defendant dentist of failing to use antiobiotics after draining an abcess, which could have prevented severe complications for the plaintiff.

November 2006

Instrument Breaks Off During Root Canal- Second Procedure Required - Confidential Settlement Follows $39,000 verdict.
The plaintiff sued the defendant after a root canal procedure, where a piece of an instrument broke off and lodge in the canal. The plaintiff claimed she was not told what had taken place.

October 2006

Dental Assistant Allowed to Install Retraction Cord and Make Impressions of Teeth - Full Set of Teeth Fail- Jury Awards $8,500.
The plaintiff complained of pain, discomfort and crumbling teeth after massive dental reconstruction, stating that the defendant breach the standard of care by allowing a dental assistant to install retraction cord and make teeth impressions.

September 2006

Wisdom Tooth Extraction Allegedly Proceeded Despite Evidence of Infection and Uncompleted Course of Antibiotics - Hospitalization for Infection Required - Jury Defense Verdict.
Despite not taking her full dose of penicillin to clear a tooth infection prior to extraction, plaintiff claimed that the dentist should not have proceeded with the extraction. The defendant claimed that there was no infection present at the time of the extraction

August 2006

Woman Claims Dentures Cause Tooth Decay and Pain - Emergency Surgery and Root Canal Required - Jury Awards $83,374.
Plaintiff claimed that her new dentures caused tooth decay and pain, and was not informed as to the risks associated with the procedure. The defendant dentist was found negligent.

July 2006

Needle Fractures in Mouth and is Unable to be Retrieved - $476,000 verdict.
The plaintiff claimed that she suffered TMJ injuries during procedure to remove a broken needle from her gum, after the needle became stuck while attempting to inject temporary anesthesia for a tooth filling procedure.

June 2006

Failure to Diagnose Fractured Jaw Following Wisdom Tooth Extraction - Defense Verdict.
The plaintiff claimed that the oral surgeon was negligent in diagnosing a fractured jaw after wisdom tooth extraction. The defendant claimed that an x-ray showed no fracture and that the fracture occured after the x-ray was taken.

May 2006

Failure to Refer to Oral Surgeon and Improper Changing of Medication Following Removal of Abscessed Wisdom Tooth -
The plaintiff claimed that the dentist did not properly respond to the infection following the extraction of an abcessed tooth. The defense claimed that the infection worsened while waiting for surgery in the hospital.

April 2006

Use of Pneumatic Bridge Remover to Remove Bridgework Blamed for Fractures to Teeth and Need for Replacement of All of Upper Teeth - Defense Verdict.
The defense denied negligence and claimed that the plaintiffs dental problems began in childhood and that the fractures resulted from natural deterioration. The defense also claimed that the pneumatic device was an appropriate tool for the required task.

March 2006

Facial Numbness Follows Bilateral Sagittal Split Osteotomy - Defense Verdict.
The plaintiff claimed negligence in the performance of the procedure and failure to inform of the risks of surgery. The defense claimed that numbness is a known risk which was discussed during a thirty-minute pre-operative consultation about two weeks prior to the procedure.

February 2006

Improper Extraction of Tooth Blamed for Nerve Damage, Bone Loss and Other Problems - Defense Verdict.
The plaintiff claimed that she suffered nerve damage, bone loss, facial numbness, mandibular pain, bony sequestrations, tongue lacerations, canker sores, headaches, swelling, bleeding and anxiety and depression following the extraction.

January 2006

Failure to Properly Prepare for Wisdom Tooth Extraction - Permanent Numbness in Lower Mouth and Chin - Defense Verdict.
The plaintiff alleged failure to obtain informed consent and failure to make appropriate pre-operative plans. According to the plaintiff, the defendant presented a form to him for signature while he was in the dental chair (as evidenced by the off-line signature). The plaintiff claimed that the defendant should have taken a periacapal x-ray of the tooth No. thirty-two in its entirety.

December 2005

Alleged Failure to Diagnose Temporomandibular Joint Dysfunction - Root Canal Required -Defense Verdict
According to the plaintiff, the defendant misconstrued the TMJ in the front mandibular part of her mouth as a symptom of decay in her teeth, causing fillings to be unnecessarily placed. Moreover, she asserted, the fillings were of insufficient and inferior material and the crown placed on tooth No.30 resulted in a violation of biological width.

November 2005

Failure to Diagnose Tooth Abscess - Pain Until Root Canal is Finally Performed - Defense Verdict.
The plaintiff claimed that the defendant was negligent in failing to perform proper testing to identify the source of the plaintiffs pain. The defendant argued that there was no negligence and that the plaintiff was told to return after the first visit if the pain continued.

October 2005

Severe Root Resorption Blamed on Treatment Plan and Lack of X-Ray Monitoring - Likely Loss of at Least Four Teeth - Jury Awards $109,200.
The plaintiff faulted the defendant for failing to monitor the treatment with x-rays and for failing to modify the treatment plan after x-rays were taken. The defendant admitted that he recognized the plaintiff as at increased risk for root resorption but claimed that there was nothing that he could do about it.

September 2005

Manipulation of Teenager's Jaw Led to Irreducible Displacement of TMJ - $523,900 Verdict
Plaintiff sued the dentist, contending that his TMJ examination was done with excessive force, converting a "reducible" displacement of the left TMJ into an irreducible one. She contended that in addition, the dentist attempted to cover-up his injury by failing to note anywhere in his records that the patient had felt severe pain at the time of his manipulation, that the problems opening the jaw, pain with chewing, onset of swelling, and onset of headaches began with that manipulation, or that he was even in the room when the patient's symptoms began.

August 2005

Lack of Informed Consent Before Extraction of Multiple Upper Teeth - Spanish-Speaking Patient and Husband - Confidential Settlement
The plaintiff, a married Spanish-speaking woman, sought the services of a dentist to have her front teeth fixed, and her other teeth made more aesthetically pleasing. The plaintiff claimed the defendant, who speaks no Spanish, fell below the standard of care when he administered a tranquilizer, before her mouth was anesthetized, and then extracted eight teeth from the plaintiff's upper plate without her informed consent.

July 2005

Negligent Root Canal Treatment- Verdict for the Defendant.
The plaintiff alleged that the defendant improperly restored the tooth with a temporary post and an ill-fitting crown. After the September 13 treatment, the plaintiff maintained that she believed the treatment was complete and that she did not need to return.

June 2005

File Breaks Off in Molar During Root Canal- Endodontic Referral Necessary for Surgical Removal- Defense Verdict
The plaintiff argued that she did not receive adequate informed consent before undergoing the root canal. She claimed that had she known there was even a slight chance that a file could separate, she would not have undergone the procedure. The defendants pointed out that the plaintiff had two prior root canals and was clearly aware of the risks associated with the procedure.

May 2005

Used Car Dealer Claims Negligence in Total Mouth Restoration - Defense Verdict
The plaintiff, who was the sole owner-operator of a used-car lot, claimed that he was disabled by his symptoms and could no longer sell cars. The defendants denied any negligence. The dentist argued that he had never had a chance to complete the work. Another part of the defense was that it was evident, in seeking adventurous restoration work, the patient had not taken good care of his teeth in the past.

April 2005

Six-Month Delay in Diagnosis of Oral Cancer -Metastasis at Date of Diagnosis -$600,000 Settlement
The plaintiff alleged that based on his clear and consistent complaints regarding soreness and a "bump" formation at the left floor of his mouth, the standard of care required that the defendant should have carefully examined the same. Had he done so, he would have appreciated the hard mass, which would have led to a referral for biopsy procedure six months earlier.

March 2005

Zinc Oxide and Eugenol Expressed Into Alveolar Nerve Canal During Root Canal - $150,000 Verdict
The plaintiff, a forty-eight year-old teacher, sought dental treatment in July and August 1999. The defendant performed root canal work on the plaintiffs #17 tooth. The plaintiff claimed that the defendant expressed zinc oxide and eugenol into her inferior alveolar nerve canal during the treatment. She claimed that this resulted in diminished sensation to the lip and chin, and that she advised him of the problem.

February 2005

Root Canal Post Misplacement - Defense Verdict
The plaintiff, a forty-seven year-old woman, underwent a root canal performed by the defendant dentist, in which the defendant placed a post in one of the roots before placing a porcelain crown. The plaintiff alleged that the defendant improperly placed the post inside one of the roots, resulting in fracture of the tooth #19 and the need for extraction.

January 2005

Extent of Necessary Dental Treatment is Disputed - $88,000 Settlement
The defendant dentist provided the plaintiff, a fifty-six year-old retiree, with a treatment plan costing more than $6,000, including root canal treatments, replacement of porcelain crowns, and referrals to additional specialists. Treatment proceeded, but the defendant refused to cement the last crown in place until the plaintiff paid the balance of about $1,800 in advance.

December 2004

Woman Falls From Dentist's Platform
Plaintiff, a woman age seventy-eight, sustained a fractured clavicle and other injuries. Defendant denied liability, contending that the condition of the platform was open and obvious and that plaintiff was familiar with the office as a patient of defendant's and had knowledge of the raised platform.

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