Wood Smith Henning & Berman is proud to share a successful motion for summary judgment for its client in a dental malpractice suit. Led by New York partner Jeremy Chen, the case involved allegations of pain, neuralgia, bone loss and infection stemming from the removal of a dental implant, the preparation for the placement of a new implant and subsequent treatment. The court ruled in favor of our client, granting summary judgment on the grounds that Plaintiff's claims were time-barred under New York's statute of limitations.
Plaintiff alleged that her treatment with our client over several years, followed by additional care in the private office of a co-defendant dentist, constituted continuous treatment, thus tolling the statute of limitations. However, Mr. Chen skillfully argued that our client had no ongoing relationship with Plaintiff concerning this specific tooth site beyond the limited treatment relating to the previously failed implant even though Plaintiff continued to treat with our client for several years thereafter. Plaintiff argued that the continuous treatment doctrine applied as there were discussions relating to future implant placement at that same tooth site. The court ultimately agreed with Mr. Chen that the doctrine was inapplicable and dismissed our client from the case.
"This ruling reinforces the importance of careful analysis of the medical/dental records in malpractice cases, particularly with regard to the application of the continuous treatment doctrine, " said Mr. Chen. "We are pleased the court recognized that our client provided appropriate care and that the claims were deemed untimely."
"This outcome affirms that the statute of limitations remains critical in the evaluation of malpractice litigation," Mr. Chen added. "Our firm remains committed to vigorously defending healthcare institutions and medical professional to ensure that all aspects of the case are evaluated in relation to all potential defenses."
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