Fri, Aug 4, 2017

Larry Obtains Defense Verdict in Dental Malpractice Case

Plaintiff, who was 70 years old, alleged that she went to my client for a loose tooth and a cavity. Plaintiff alleged that my client recommended that her remaining 18 teeth needed to be removed and that she needed full upper and lower dentures.  Plaintiff thereafter had my client remove her teeth, however, Plaintiff alleged that her dentures never fit and that she was unable to wear them. Plaintiff further alleged that she has been unable to eat without her teeth and therefore she lost 50 pounds. She alleges that she can no longer go out in public due to the embarrassment of not having teeth.

Plaintiff retained Dr. Kraut, an Oral and Maxillofacial Surgeon, as an expert witness. It was Dr. Kraut’s opinion that Plaintiff’s teeth did not need to be removed. It was Dr. Kraut’s opinion that for $95.00, Plaintiff’s teeth could be cleaned and saved  The teeth could have thereafter held a partial denture which was much easier to wear than a full denture. Plaintiff further alleged at trial that her only remedy was to have implants put in her mouth. The cost of implants was approximately $60,000.00.

The defense alleged that Plaintiff was suffering from advanced periodontal disease when she was first seen by my client. Plaintiff had been to a dentist on only one occasion over the past 15 years.  The defense argued that Plaintiff requested to have all of her remaining teeth removed and that she wanted dentures. Defendant’s experts Dr. Sclaroff, an Oral and Maxilllofacial Surgeon, and Dr. Douglas, a Prosthodontist, both testified that Plaintiff’s periodontal disease was too advanced for successfully saving any of the teeth. The defense argued that if any teeth had been saved, they would not have been strong enough to hold a partial denture.

The jury returned a Defendant’s verdict.