Recently our office settled two dental malpractice cases involving poor cron and bridgework. Both cases required the removal and replacement of the crown and bridgework placed by the dentist. In both cases the cost of replacement of the restorations was approximately $20,000.00. The plaintiff’s in each case had substaintial dental work before being treated by the defendant dentist. These cases settled for $75,000.00 and $70,000.00 respectivley.
Thanksgiving is here,
Live it up and be of good cheer,
Feast on goodies, relax and have fun.
May you forever have a million reasons to be thankful.
Wishing you a very Happy Thanksgiving!
Thomas Reilly of our office settled a case on behalf of a 47 year old Bronx woman who was caused severe root damage to her teeth by her orthodontist. The plaintiff treated with the orthodontist for a number of years. As a result of the treatment the roots of her upper and lower front teeth sustained severe resorption. At the time of the settlement the plaintiff had not lost any teeth. Two years prior to the settlement her oral surgeon has suggested extraction of 10 teeth and replacing them with implants and restorations. The defendant failed to take x-rays to determine if root resorption was occurring during the treatment. The defendant claimed that he root resorption was present prior to the treatment he performed. This matter was settled in October of 2011
Our office obtained a $175,000.00 settlement prior to the deposition of the defendant for a 39 year old woman who sustained left side inferior alveolar nerve damage as the result of a tooth extraction. The plaintiff had a rear molar extracted by a general dentist and due to the extreme force and trauma the inferior alveolar nerve was damaged causing paresthesia of the left lip, chin and gum area of the plaintiff’s mouth. The defendant did not refer the patient to an oral surgeon for the extraction and created extreme trauma to the inferior alveolar nerve. This extraction took approximately one and a half hours which is an exorbinant amount of time for an extraction of a molar. The case was settled by Thoma Reilly of our office.
Braces are becoming more of the norm and as such there are some things that parents and patients should be ask their orthodontist. Recently I have seen more and more cases of braces causing root resorption and the loss of teeth. This has happened in adults and children. Make sure that your orthodontist takes pre-treatment x-rays that show the roots of the teeth and make sure that similar x rays are taken periodically. Signs of root resorption can occur 3-6 months after treatment begins and becomes more prevalent the longer the treatment continues. If there are signs of root resorption your orthodontist should closely monitor the situation and may need to remove the braces. It is important to make sure that the doctor is watching for root resorption as the results can be the loss of teeth and need for implants or other restorations.
Another thing to make sure of is to know what the entire treatment plan is and what other options there are before you start treatment. Sometimes there are certain issues with treatment such as tooth removal or transposed teeth that an orthodontist should discuss with you prior to treatment. Some times the doctor does not discuss treatment options until after the braces come off. At that point you really have no options. The doctor should discuss the future need for restorations in these cases and all options prior to the start of treatment. Make sure that you are aware of any abnormalities before the treatment starts and ask you doctor if he or she is capable of handling your situation. If needed get a second opinion
Finally, make sure you or your child continues to treat with a general dentist for regular cleanings and check-ups. If you have any questions make sure you ask them of your doctors and do not leave until you get an answer that you understand
In New York a patient is entitled to obtain a copy of their medical records from their doctor. Often if a doctor senses that there may be a lawsuit they refuse to provide records even when requested by the patient. Should you find your self in a situation where a health care provider refuses to give you a copy of your records refer to the statute below. Note the final line of the first paragraph “A release of records under this section shall not be denied solely because of inability to pay”. If the health-care provider continues to refuse to provide you a copy of your medical records contact the New York State office of the Professions http://www.op.nysed.gov/opd/complain.htm to file a complaint
17 Pub. Health. Release of medical records.
Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclusive of personal notes of the said physician or hospital, copies of all x-rays, medical records and test records including all laboratory tests regarding that patient to any other designated physician or hospital provided, however, that such records concerning the treatment of an infant patient for venereal disease or the performance of an abortion operation upon such infant patient shall not be released or in any manner be made available to the parent or guardian of such infant, and provided, further, that original mammograms, rather than copies thereof, shall be released and delivered. Either the physician or hospital incurring the expense of providing copies of x-rays, medical records and test records including all laboratory tests pursuant to the provisions of this section may impose a reasonable charge to be paid by the person requesting the release and deliverance of such records as reimbursement for such expenses, provided, however, that the physician or hospital may not impose a charge for copying an original mammogram when the original has been released or delivered to any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or a conservator of a conservatee and provided, further, that any charge for delivering an original mammogram pursuant to this section shall not exceed the documented costs associated therewith. However, the reasonable charge for paper copies shall not exceed seventy-five cents per page. A release of records under this section shall not be denied solely because of inability to pay.
For the purposes of this section the term “laboratory tests” shall include but not be limited to tests and examinations administered in clinical laboratories or blood banks as those terms are defined in section five hundred seventy-one of this chapter.
For the second straight year Albert W Chianese was named to the New York Super Lawyers Metro Edition.
Once a year, Super Lawyers invites lawyers in each state to nominate the top attorneys they’ve personally observed in action. Each nomination carries a point value. The procedures and database have several safeguards that prevent lawyers from “gaming” the system. For example, they track who nominates whom. This helps them detect any excessive “back-scratch” nominations (lawyers nominating each other) and “block nominations” (where members of the same law firm all cast identical nominations). Super Lawyers also prohibit lawyers from engaging in “campaigning” or solicitation of nominations from other lawyers.
While important, the nomination phase is simply the first step in the process. It puts lawyers on the radar for further research and evaluation, and awards points in our rating system.
“Star Search” process
Super Lawyers attorney-led research staff searches for lawyers who have attained certain honors, results or credentials, which indicate a high degree of peer recognition or professional competence—what we term “Star Search Credentials.” Most of the lawyers identified in the Star Search process have also been nominated by their peers. Occasionally, however, they find outstanding lawyers who have been overlooked in the nomination process. These “overlooked” attorneys fall into predictable categories. These include: lawyers in smaller firms or from smaller communities; and lawyers practicing in less visible or highly specialized practice areas.
Albert W. Chianese has been selected for this process and after careful review has been named a Super Lawyer in 2010 & 2011 for his excellence in the field of Dental Malpractice.
Tags: dental malpractice attorney Bronx, dental malpractice attorney Brooklyn, dental malpractice attorney Long Island, dental malpractice attorney New York, dental malpractice attorney Queens, dental malpractice lawyer Bronx, dental malpractice lawyer Long Island, dental malpractice settlement New York, dental malpractice verdict New York, trigeminal neuralgia caused by dentist, wisdom tooth extraction injury
Dental Malpractice | admin September 30, 2011 | 
Comments (2)
On March 22, 2011 a Nassau Jury awarded a 59 year old woman $125,000.00 verdict for injuries she sustained as the result of Dental Malpractice. The plaintiff was a patient of the defendant’s office for over twenty years. At trial the plaintiff claimed that the bridgework, crowns and implant restorations that the defendant placed were beneath the standard of care in the field of dentistry. It was claimed that the bridges had open margins that allowed bacteria to enter under the restorations. As a result the plaintiff was required to have all of the dental work replaced and lost three teeth. After five hours of deliberation the Jury awarded the plaintiff $125,000.00. Albert W. Chianese was the trial attorney for the plaintiff.
