Professional Negligence Law Reporter

Tom Lovelace, 61, developed a lesion on his tongue and was referred by his dentist to oral surgeon Mark Billman. Billman recommended that Lovelace have a sharp wisdom tooth extracted or polished. Lovelace underwent a tooth polishing, but his lesion subsequently became painful. Approximately seven months later, he was again referred to Billman, who extracted the tooth and performed a biopsy, which revealed Stage III squamous cell carcinoma.

Lovelace underwent surgery to remove much of his tongue, followed by radiation and chemotherapy. He was unable to return to work as an airline pilot due to speech difficulties, and he incurred approximately $700,000 in lost income.

Lovelace filed suit against Billman and his practice, alleging failure to timely diagnose his cancer. Had Billman scheduled a follow-up appointment, the plaintiff argued, his cancer would have been detected before it became invasive.

The defense reportedly argued that follow-up was the referring dentist’s responsibility and that the plaintiff had waited too long to fix his tooth.

The jury awarded $2 million, finding the plaintiff 40% at fault.

Citation: Lovelace v. Ctr. for Oral & Maxillofacial Surgery, No. 2019-CP-46-01736 (S.C. Cir. Ct. York Cty. June 18, 2021).

Plaintiff counsel: AAJ members John Kassel and Theile McVey, both of Columbia, S.C.