Dentistry

Professional Negligence Law Reporter

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Negligent Performance of Unnecessary Root Canal

March/April 2019

Doe v. Roe Dentists, Confidential Dkt. No. (Mass. Confidential Ct. July 13, 2018).

Doe, who was in her early 50s, underwent a root canal on one of her molars. During the procedure, which was performed by two dentists, a bony growth was removed from Doe’s mouth. Doe experienced pain and swelling after the procedure. She returned to the dental clinic three times, and the dentists prescribed antibiotics and pain medication. Doe later consulted another dentist, who took an X-ray. This revealed that the tip of a surgical instrument had been left inside Doe’s mouth during the root canal, which the consulting dentist said was unnecessary. As a result, Doe required eight procedures to remove the instrument and place a new crown and post, at a cost of $7,000. Doe sued the first two dentists and the practice, which was owned by one of the dentists, alleging negligent performance of an unnecessary root canal. The plaintiff also alleged that the defendants failed to obtain informed consent before removing the growth and that a grafting procedure that was part of the dental work was performed improperly.

The parties settled for over $62,500.

Plaintiff counsel: Gerard Lane, Marshfield, Mass.