Plaintiff was a 21 year old college student when he underwent the removal of one of his lower wisdom teeth for which an adequate consent form was reviewed and signed. There were no untoward effects from this simple extraction. One week later, the young man underwent the surgical removal of a difficult impacted lower wisdom tooth by a different dentist at the same clinic practice, for which there was no discussion about risks and no consent form was reviewed and signed.
Following this surgery, the patient developed paresthesia of the inferior alveolar nerve. The paresthesia was confirmed by subsequent examining oral surgeons during the six months following the surgery, but not thereafter. In his complaint, the plaintiff alleged an inadequate x-ray examination, lack of informed consent and negligent surgery. The defendant never obtained an independent medical examination which he was entitled to request.
Five years following the surgery, and as part of trial preparation, plaintiff’s counsel had plaintiff examined by their expert and learned that plaintiff had no clinically identifiable neurologic deficit.
The case settled during a mediation conference for $54,000.00. Seminole County (FL) Circuit Court, Case No. 94-2350-CA-09-E. Kenneth P. Liroff, D.D.S., J.D., of The Dental Law Group, Ft. Lauderdale, FL represented the plaintiff. Philip King, Esq., Orlando, FL, for the defendant.