Case details
Patient verbally consented to dental implants, dentist claimed
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
nerve damage, neurological, neuropathy
FACTS
On Feb. 7, 2010, plaintiff Bertha Alluin, a dental assistant in her 40s, presented to Dr. John Benlavi, DDS, at his office in Torrance with complaints of a toothache. Alluin went over the treatment options with Benlavi and was put under local anesthesia. Benlavi then removed the tooth that Alluin complained of and inserted two implants. Alluin claimed she never consented to the implants and later had Benlavi remove one of them. She also claimed she was left with permanent nerve damage to the left exterior side of her face. Alluin sued Benlavi, who was doing business as AAA Dentistry and Imperial Crenshaw Dental Center. Alluin alleged that Benlavi failed to obtain her informed consent, and that his actions constituted medical battery and negligence. Thus, she alleged that Benlavi’s actions constituted dental malpractice. Defense counsel moved for nonsuit on the negligence claim, and it was granted. Thus, the matter proceeded to a trial on the medical battery claim. Alluin claimed she went over the treatment options with Benlavi and only agreed to have the tooth removed, but that Benlavi inserted two implants without her consent after he put her under local anesthesia. She also claimed that while she filled out an application form for dental credit, she did not initial a box that permitted Benlavi to insert implants and that the document was not a valid consent form. Benlavi claimed that Alluin verbally consented to having the implants inserted prior to being put under anesthesia, and that Alluin’s words and conduct were enough to constitute an informed consent to perform the procedure. Thus, he alleged that his treatment always met the standard of care and that he did not cause her any nerve damage. Benlavi also claimed that the application for dental credit was a valid consent form and that Alluin did initial the box that permitted him to insert the implants. In response, Alluin claimed that the initials Benlavi submitted were not hers, and presented her initials to show that the two were drastically different., Alluin claimed that she required follow-up care after Benlavi removed one of the dental implants. She also claimed that as a result of Benlavi’s treatment, she suffered permanent nerve damage to the left exterior side of her face. Alluin claimed she still has one of the implants and may need future treatment related to it. She also claimed there is no treatment for her nerve damage. Thus, Alluin sought recovery of damages, including $20,000 for future medical care costs, $75,000 for past pain and suffering and $700,000 for future pain and suffering. She also sought recovery of punitive damages. Defense counsel denied that any treatment performed by Benlavi caused any alleged nerve damage.
COURT
Superior Court of Los Angeles County, Torrance, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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