Personal Injury Trial Report - Dental Malpractice

NATURE OF CASE:

Dental malpractice; Negligent preparation and installation of crown

INJURIES ALLEGED:

Temporomandibular Joint Dysfunction (TMJ)

NAME OF CASE:

Withheld.

COURT:

Suffolk Superior

JUDGE:

Hinkle

NAME OF MEDIATOR

Ross Kimball, Esq. Sloane & Walsh.

AMOUNT OF SETTLEMENT

$100,000.00

HIGHEST OFFER PRIOR TO MEDIATION:

$32,000

LAWYER FOR PLAINTIFF:

Eric J. Parker, PARKER | SCHEER, Boston, Massachusetts

LAWYER FOR DEFENDANT:

Withheld.

OTHER USEFUL INFORMATION:

On June 15, 1992, the defendant, a Boston dentist, determined that the plaintiff required the installation of a crown over her lower left molar (tooth No. 19). In anticipation of the placement of the crown, the plaintiff’s tooth No. 19 was prepared, as was a temporary crown, which the plaintiff was to wear until the permanent crown was ready for installation.

On July 8, 1992, the plaintiff returned to the defendant’s office to undergo installation of the permanent crown. When the permanent crown was first placed in the plaintiff’s mouth, the plaintiff immediately complained to the defendant that the new crown felt large, and was not as comfortable as the temporary crown. Despite her complaints, the defendant assured the plaintiff that she would adjust to the new crown with time, and proceeded to install the new crown with permanent cement.

Almost immediately following the installation, the plaintiff’s discomfort began to increase. Between July 1992 and December 1992, when she was diagnosed by the defendant with TMJ, the defendant performed numerous “occlusal adjustments” to the plaintiff’s bite, to better accommodate the ill-fitting crown. The “adjustments” included the grinding of opposing tooth material as well as the grinding of teeth on the opposite side the plaintiff’s mouth to equilibrate her bite and relieve pain. With no improvement in her pain, the plaintiff was forced to undergo long term treatment of her TMJ condition.

The plaintiff’s expert was prepared to testify that the defendant dentist was negligent in failing to promptly heed the complaints of his patient, and specifically, by installing the crown with temporary cement, which would have permitted the non-destructive removal of the subject crown upon the first sign of TMJ or other problems. Plaintiff’s expert was further prepared to testify that the defendant was negligent in removing healthy tooth material to remedy an ill-fitting crown.

During his deposition, the defendant did not recall any complaints by the plaintiff during the installation of the permanent crown. The defendant asserted that the plaintiff’s TMJ problems were the result of pre-existing stress rather than the result of the permanent crown.

The case was settled after one day of mediation, one week prior to trial.  

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