FOR IMMEDIATE RELEASE
March 2, 2018
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB ATTORNEY GETS DENTAL MALPRACTICE DEFENSE VERDICT
JURY FINDS NO BAD FAITH CASE CLAIM
Medical Malpractice Defense – Dental / Deviation in Standard of Care
CHICAGO ― Corry P. Keilin, a partner in the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A., received a defense verdict on behalf of a dentist in a case alleging deviation in the standard of care in the diagnosis, and monitoring and treatment of periodontal disease, which the plaintiff claimed resulted in the loss of four teeth and placement of an implant and crown; the need for future treatment including the replacement of the restorative crowns on the implant every 10-12 years – three times during the plaintiff’s life. Plaintiff claimed ongoing injuries because of the defendant’s alleged deviation from the standard of care, including increased risk for future tooth loss.
Plaintiff sought damages ranging from $180,204.00 to $184,420.00 which included past and future expenses of: medical expenses with and without failed implants, loss of a normal life, pain and suffering and past lost wages.
To support his allegations, the plaintiff presented testimony of his two subsequent treaters, a general dentist and a periodontist. Each testifying to these allegations: that the plaintiff had lost four teeth and as a result of the uncontrolled progression of periodontal disease, the plaintiff is at risk for future tooth loss. A retained expert testified and opined that the defendant had deviated from the standard of care during 18 years of treatment provided to the plaintiff. He specifically indicated that the plaintiff should have been immediately referred to a periodontist for surgical intervention; that the defendant failed to adequately document his care and treatment of the plaintiff; failed to take the proper number of x-rays at adequate intervals, and provided no treatment to control the progression of the disease.
Contesting every issue, the defense argued that the defendant did everything he could have done to slow the progression of plaintiff’s periodontal disease. The defense showed that on November 25, 1995, during the plaintiff’s first visit, the defendant conducted a comprehensive oral examination during which he diagnosed the plaintiff with moderate to severe periodontal disease. Due to defendant’s consent to a reprimand from the Illinois Department of Professional Regulation, he could not testify that he had complied with the standard of care. However, the defense presented the testimony of a retained expert periodontist, who has been a practicing periodontist for 43 years. He opined that the defendant had complied with the standard of care in his diagnosis, and monitoring and treatment of periodontal disease. He expressed that the plaintiff was not a surgical candidate because of his non-compliance with the defendant’s advice for oral hygiene – brushing, flossing and recall interval recommendations.
The Cook County jury deliberated just over three hours returning a defense verdict. The general sentiment was that jurors were convinced that the plaintiff was non-compliant with the defendant’s oral health promotion recommendations. The jury was persuaded that, although the defendant may have deviated from the standard of care, the plaintiff’s own negligence far outweighed that of the defendant’s.
Corry P. Keilin is a partner in the Chicago office. He is a lead attorney in cases involving depositions of treating physicians, and liability and damages expert witnesses. He practices in the areas of insurance defense, general liability, medical malpractice, nursing home defense, premises liability, and construction defect litigation. He is admitted to practice in Illinois and Wisconsin.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with more than 360 lawyers serving clients from 21 offices in the United States and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.