Professional Negligence Law Reporter

Doe, 69, underwent a crown replacement procedure performed by Roe dentist. As Roe was setting the new crown, it slipped from his hands and fell to the back of Doe’s throat. Doe, who was sedated, swallowed the crown. Roe gave Doe some water and crackers and ensured that she was breathing adequately. He then re-milled a new crown and placed it in Doe’s mouth.

Several weeks later, Doe developed a lung infection and required hospitalization. Doctors discovered that the first crown had lodged in Doe’s lung, resulting in a respiratory infection and sepsis. As a result of her experience, Doe continues to suffer problems with mobility and memory.

Doe sued Roe and his practice, alleging he failed to use a dental dam or refer her for medical imaging to determine whether the crown had traveled to her lungs. Had she discovered what happened, the plaintiff argued, she could have taken antibiotics to avoid infection.

The defense argued that the standard of care did not require him to refer Doe for medical imaging and that Doe’s injuries did not result from the lost crown.

The parties settled for $675,000.

Citation: Doe v. Roe Dentist, Confidential Dkt. No. (Confidential Jxn. and Ct. Sept. 16, 2020).

Plaintiff counsel: AAJ member Francis “Brink” Hinson, Columbia, S.C.