Court Allows Malpractice Claim for Removal of Wrong Teeth
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Accident & Injury Personal Injury Accident & Injury Medical Malpractice
Summary: Blog post about a case where medical malpractice was alleged against a dentist for removing the wrong teeth from the plaintiff.
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As plaintiff alleged that defendant extracted the wrong teeth, which was negligence that was so egregious that expert testimony was not needed, the purpose behind Conn. Gen. Stat. § 52-190a(a)--to weed out frivolous cases--was not advanced by requiring her to secure an expert opinion from a "similar health care provider."
The defendant Dr. Longo treated the plaintiff from March 26 through April 4, 2007 for the surgical extraction of teeth. Upon the information of another doctor, the defendant removed the wrong teeth during surgery. The defendant filed a motion to dismiss on the grounds that the support for the plaintiff’s claim was not submitted by a expert, i.e. proper health care provider. The court denied the motion to dismiss. Generally, a plaintiff must obtain expert testimony to prove a medical malpractice claim. The purpose of this requirement is to "weed out" frivolous claims, and provide the finder of fact support in understanding the case. However, exceptions apply to this requirement if the negligence of the physician is so grossly apparent that a layperson would have no difficulty in appraising it. In such a circumstance, the error is so obvious that it requires no explanation. The court found that this exception applied. The removal of the wrong teeth was so egregious that the plaintiff did not require expert testimony to substantiate such an injury to the jury.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Diduca v. Longo, 2010 Conn. Super. LEXIS 287 (Conn. Super. Ct. February 8, 2010)