Hot Topics - $800,000 Dental Malpractice Verdict

On November 1, 2004, a Mahoning county jury rendered an $800,000 verdict against a dentist who negligently failed to diagnose an aggressive tumor in the plaintiff's jaw, which led to the destruction and ultimate reconstruction of the man's jaw. In the fall and winter of 1998 and spring of 1999, the 24-year-old plaintiff went to the dentist on multiple occasions complaining of swelling on the right side of his jaw and a loose tooth. The dentist failed to recognize unusual soap bubble abnormalities on small periapical x-rays and diagnosed an infection. He failed to recognize the abnormalities, to follow-up with more complete x-rays, or to refer the plaintiff to a specialist in a timely manner. While the defense argued that this was a slow growing tumor and that detection and removal would not have altered the outcome, a large Panorex x-ray taken during a visit in January, which would have established the size of the tumor at that time, was said to have been lost. Six months later, the plaintiff was diagnosed with a rare tumor of the jaw which had by then infiltrated and destroyed much of his right, lower jawbone.

The five month delay in diagnosis gave the destructive tumor time to destroy the majority of the plaintiff's right jawbone. On July 14, 1999, he underwent surgery requiring the removal of much of his right jaw as well as nine teeth. In order to create a new jawbone, a surgeon harvested bone from the patient's fibula, a bone in the lower leg. During his ten day hospital stay, he experienced complications from the extensive surgery which resulted in an emergency tracheotomy. He has undergone numerous reconstructive surgeries and restorative dental procedures, and will need further restorative, cosmetic, and maintenance procedures over the remainder of his life.

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