Dental Malpractice Jury Sides with Defendant

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download (9)A jury has sided with the defendant in a dental malpractice trial, Lacalamita v. Magid, that took place this week in Kings County Civil Court.

In the court documents, the plaintiff, Jeanine Lacalamita suffered from severe headaches, vertigo and dizziness before visiting the offices of dentist Michelle Magid, DDS, in May 2010 for a cracked filling. The plaintiff’s chronic and ongoing symptoms had previously been diagnosed as Ménière’s disease. At issue in the trial is Dr. Magid’s treatment of the plaintiff for the diagnosis of a temporomandibular disorder and not Ménière’s disease in relation to those same symptoms.

During the course of the plaintiff’s treatment she received a CT scan and was fitted by another dentist for an orthodontic device to reposition her jaw. The plaintiff alleges that the device was responsible for giving her an open bite and causing her considerable discomfort in eating for a year. On the advice she received from other dentists, Lacalamita stopped pursuing the course of treatment by Dr. Magid.

Legal counsel for Dr. Magid noted that Lacalamita’s symptoms had lessened considerably in severity because of the treatment that was pursued by Dr. Magid.

The jury found that the defendant had not departed from accepted standards of dental practice in her treatment of the plaintiff’s temporomandibular disorder. However, with regard to informed consent, the jury determined that the plaintiff had not been provided with sufficient information. The jury handed down the verdict for the defendant since the jury found that there was no substantial injury to the plaintiff.

If you or a loved one has suffered as a result of medical malpractice or negligence, contact us today. At Bottar and Leone PLLC, our attorneys who specialize in medical malpractice have years of experience and expertise representing patients and their loved ones.

Depending on the circumstances, you may be entitled to compensation for your medical bills, continuing therapies, loss of income, as well as pain and suffering or other damages. Contact us today to schedule a free, in-depth consultation and evaluation of your case.

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