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March 2017: Summary Judgment in Dental Malpractice Action

March 16, 2017

Senior Partner Nancy Block and Senior Associate Michael Bastone successfully moved for summary judgment in a case alleging osteomyelitis of the mandible stemming from an infection following root canal therapy. Plaintiff argued that the treating dentist had failed to properly appreciate signs of an ongoing infection prior to performing root canal therapy. MCB was able to establish that the plaintiff had failed to adduce any evidence that he had made prior complaints consistent with infection before undergoing treatment during deposition and discovery, and the Court agreed with MCB’s arguments that plaintiff’s attempt to supplement the record with a self-serving affidavit of the plaintiff was impermissible and without evidentiary weight. The Court found that the defendant dentist had not departed from the standard of care in treating the plaintiff, and the matter was dismissed with prejudice.

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