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Motion for Summary Judgment Victory in Dental Malpractice Case

July 13, 2018

Senior Partner Jeffrey Shor and Associate Kevin Marks successfully moved for summary judgment before Honorable Justice Joan A. Madden in the New York County Supreme Court in a case alleging failure to timely diagnose and treat a benign but aggressive neoplasm of the right mandible. Plaintiff argued that our client dental office failed to appreciate a neoplastic lesion on plaintiff’s radiographs for the period of one year, delaying her diagnosis and resulting in a partial mandibulectomy and reconstruction with loss of teeth, nerve damage, and permanent difficulty speaking and eating. In MCB’s motion, written by Kevin Marks, we were able to establish through our oral and maxillofacial surgery expert that plaintiff’s condition already required a significantly similar resection and reconstruction procedure prior to the alleged delay. The Court agreed with MCB’s argument that plaintiff had failed to submit any evidence that the neoplasm had grown during that year so as to require a more expansive resection procedure or that any specific injury could have prevented by an earlier surgery. Accordingly, the Court found that our client dental office’s alleged delay was not a proximate cause of plaintiff’s injuries, and the matter was dismissed with prejudice.

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