Virginia Lawyers Weekly//April 24, 2017
Virginia Lawyers Weekly//April 24, 2017//
On July 27, 2011, plaintiff presented to the defendant general dentist complaining of loose teeth. The defendant diagnosed plaintiff with Stage IV periodontitis, recommended extraction of all but six teeth and dentures as a prosthetic. Plaintiff decided to move forward with the plan and underwent extraction on Aug. 31, 2011. Over the next four months, the defendant tried to fabricate workable dentures for the plaintiff, but ultimately the plaintiff left the practice unsatisfied.
Plaintiff claimed that the defendant should have referred him to a periodontist to salvage more teeth. He also claimed that the dentures were poorly made which led to TMJ disorder. As a result of the unworkable dentures and resulting pain, plaintiff claimed that he was forced to sell his small business at a loss. The defendant argued that because plaintiff’s periodontitis was so advanced, extraction was the only option. The defendant further argued that plaintiff’s TMJ disorder symptoms were preexisting and not caused by the dentures. And the defendant successfully proved that the business losses were unrelated to the alleged negligence.
The case was tried in Stafford County Circuit Court on April 10-12, 2017. The jury returned a verdict in favor of the defendant.
Type of action: Medical Malpractice
Injuries alleged: Confidential
Court: Stafford County Circuit Court
Case no.: Confidential
Tried before: Jury
Date resolved: April 13, 2017
Verdict or settlement: Defense Verdict
Attorneys for defendant: Tracie M. Dorfman and Benjamin M. Wengerd, Fairfax
Insurance carrier: Professionals Advocate