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Senior Trial Partner Yuko A. Nakahara and Senior Associate Brandon J. Fernandes successfully secured a favorable judgment of dismissal following a comprehensive bench trial in Queens Civil Court. This specific dental malpractice litigation centered on allegations MCB’s client Medical Center failed to timely and appropriately perform a root canal resulting in an eight-month period of pain and suffering.
In the defense of the Medical Center, MCB meticulously established an evidentiary record demonstrating that the care rendered was, in all respects, adherent to the standard of care. Through the strategic presentation of expert medical testimony, the MCB effectively illustrated that the Medical Center’s providers and clinical staff at no pointdeviated from the standard of care. Furthermore, it was decisively shown that the defendant’s actions were not the proximate cause of the plaintiff’s alleged damages.
The testimony further elucidated the clinica ldecision-making process, confirming that the comprehensive treatment plan formulated during the plaintiff’s initial emergency presentation was entirely consistent with accepted medical and dental protocols. MCB successfully argued that despite the appropriateness and clinical viability of the recommended root canal therapy, the plaintiff unilaterally later elected to undergo a total extraction of the tooth in question.