Course of Therapy Over More than Two Years Both Painful and Unavailing
The patient in this case was a woman in her late fifties who presented to the defendant general dentist after passing out at work and hitting her chin. The impact of her fall caused the patient to split two teeth and crack six others.
The patient was under the care of the defendant dentist for over two years for treatment related to her injuries and visited the dentist's practice more than 20 times. Over the course of these visits, the dentist performed eight root canals and shaved down the crowns on the patient’s teeth. However, these procedures reportedly left the patient in “constant pain.” Unsatisfied with her care, the patient eventually sought treatment from another dentist and a physician.
Over a year and a half after the patient was last seen by the defendant dentist, she filed a dental malpractice lawsuit. The plaintiff (patient) alleged that during the course of the 20+ visits with the defendant dentist, he negligently failed to properly treat an abscess in her gums, negligently shaved down her top left crown, causing the crown metal to fracture into her gums, and improperly performed her root canals, causing infection. The plaintiff argued that the defendant left her in need of treatment from a physician for her infections and another dentist to undergo additional root canal therapy, new root canals on all the previous root canals, and removal of a tooth.
After mediation efforts were unsuccessful in facilitating the two parties to agree to a settlement, the case eventually went to trial before a jury. At the conclusion of the trial, over six years after the lawsuit was initially filed, the jury sided with the plaintiff (patient), awarding her over $200,000.
Case study reproduced with permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.
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