Case details

Patient claimed dental office failed to resolve dental pain

SUMMARY

$38000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
dental
FACTS
In April 2011, plaintiff Reginald Jones, a delivery driver in his 40s, presented to Bright Now! Dental’s office, in Crenshaw, for an evaluation and treatment. Jones claimed that he was in pain after undergoing services at the office and that the office never resolved his pain and discomfort during any of his return visits to the office throughout 2011. In mid-2012, Jones presented to the Hawthorne office of Bright Now! Dental for a new treatment plan. However, Jones claimed the treatment plan still did not address the area in his mouth where he was in pain. As a result, he presented to a different dentist, at a different dental office, and the new treatment plan ultimately resolved all of his pain by October 2012. Jones sued Smile Brands Inc. and Bright Now! Dental, alleging dental malpractice. However, it was later determined that Bright Now! Dental was erroneously sued, as it was the same company as Smile Brands Inc. However, the parties ultimately stipulated that the defendant’s name was FRATT Dental Corp., doing business as Bright Now! Dental. Jones contended that he did not have any pain prior to his presentation to Bright Now! Dental in April 2011, but that after undergoing services at the office, he was in pain. He claimed that he repeatedly returned to the office throughout 2011, during which he remained in pain and discomfort, but that the office never resolved his condition. Jones also claimed that when he presented to the Bright Now! Dental’s Hawthorne office, a new treatment plan was developed, but that the treatment plan still did not address the area in his mouth where he was in pain. Jones contended that the Bright Now! Dental’s Crenshaw and Hawthorne offices kept asking him to come back for treatment, but that they never fixed the real problem that had been going on for 1.5 years. The plaintiff’s treating dental expert testified that Bright Now! Dental was negligent for the improper work that its dentists performed, including placing a bridge over a cavity, leaving several open margins in the mouth, and leaving excessive cement in the teeth and gums. Defense counsel argued that all of the treatment by Bright Now! Dental was performed appropriately and within the standard of care. Counsel also argued that Jones, himself, was negligent for failing to come back to the Bright Now! Dental offices when visits were scheduled and that if Jones was in pain for 1.5 years, then he should have continued his treatment with Bright Now! Dental. The defense’s expert dentist testified, among other issues, that Bright Now! Dental did not place a bridge over a cavity, did not leave any open margins in Jones’ mouth in terms of the placed dental restorations, and did not leave any excessive cement in Jones’ teeth and gums. The expert also opined that Jones’ treating dental expert was negligent, as he allegedly did not complete all of the dental work that Jones would require. In response, plaintiff’s counsel argued that Jones’ treating dental expert was not retained to complete all of the alleged dental work, but was only retained to get Jones out of pain. Counsel further argued that Jones’ treating dental expert was very busy and yet, still accepted Jones as a lien patient., Jones claimed that he suffered dental pain and discomfort for almost 1.5 years, from April 2011 to October 2012. His treating dental expert opined that Jones’ pain was due to improper procedures, including placing a bridge over a cavity, leaving several open margins in the mouth, and leaving excessive cement in the teeth and gums. Jones claimed that he began treating with his dental expert on Oct. 9, 2012, and that with two visits over a period of two weeks, he was out of pain. Jones claimed that eating was always difficult for him while he was in pain, as he was unable to chew and had to ingest more soft foods and liquids. He also claimed that he worked, as permitted, while in pain, but that he was not working his full-time hours. He alleged that as a result, he was ultimately terminated form his position in December 2012 as a result of missing work.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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