In this case for dental malpractice our client was alleged to have negligently replaced a lower right bridge with an ill-fitting lower right bridge, with unnecessary preparation of the tooth, restoration and implant costs, pain and suffering. Plaintiff claimed that the co-defendant dentists implemented a negligent treatment plan and failed to obtain his informed consent. Plaintiff alleged that our client, the dental group, was vicariously liable for the treatment and for allowing unlicensed treatment by a former dentist and technician.
We argued that the treating dentists were independent contractors and we disputed that there was any unlicensed dental treatment. We contended that the lower right bridge required expansion due to the loss of an abutment tooth and that the informed consent was established by signed consent forms. Finally plaintiff’s expert conceded consent was “ideal” on cross-examination. Finally, we stressed that plaintiff abandoned his treatment and negligently wore a temporary bridge made of acrylic for several years.
Result: The judge granted our motion for a directed verdict at the end of the plaintiff’s and defendants’ cases.