Professional Negligence Law Reporter

Dentistry

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Failure to Diagnose Tooth Decay Before Cementing Bridge

March/April 2019

After being told she required a bridge, Jean Hanna, 49, sought a second opinion from dentist Justin Martone. Martone agreed that a bridge was needed on teeth 29 and 31 and also advised Hanna that she required extraction of tooth number 30. Martone performed the dental work, but Hanna’s bridge failed in less than a year. She then learned that she had tooth decay under the bridge.

As a result, Hanna underwent extraction of two teeth and required a revision of a crown and dental implants. Her dental issues were not resolved for several years, and it was a struggle for her to eat, resulting in weight loss. Her dental expenses were over $14,000.

Hanna sued Martone and his practice, alleging the dentist failed to ensure her teeth were free from decay before cementing her bridge.

The plaintiff did not claim lost income.

The jury awarded more than $350,400.

Citation: Hanna v. Martone, No. 2014CA000508 (Fla. Cir. Ct. Palm Beach Cnty. Aug. 31, 2018).

Plaintiff counsel: Lisa Levine, Weston, Fla.

Plaintiff experts: David Engelsberg, dentistry, Sarasota, Fla.; Harry Lehrer, dentistry, Fort Lauderdale, Fla.; Maikel Segui, dentistry, Coral Springs, Fla.; and Alejandro Caribas, oral surgery, Tampa.

Defense expert: Victor Martel, dentistry, West Palm Beach, Fla.