The plaintiff, age ten and one-half, visited the defendant dental clinic for orthodontic treatment. The first orthodontist started treatment and extracted six deciduous teeth and four permanent teeth. The second orthodontist continued treatment and estimated two years of therapy and one year in retainers. Nearly four years after therapy began the plaintiff was still in treatment and saw the third clinic orthodontist who told the family that the plaintiff needed an additional two years of treatment. The plaintiff discontinued therapy and saw a private orthodontist who found fault with the excision of the four permanent teeth. The plaintiff underwent two additional years of orthodontic therapy and required head-gear to correct the extraction of the four permanent teeth. The defendants’ position was that the extraction of the teeth was a “Judgment Call”.
The case settled for $7,500 before trial. Kenneth P. Liroff, D.D.S., J.D., of THE DENTALAW GROUP Ft. Lauderdale, FL represented the plaintiff. Rob Barouth, Esq., Miami, FL and Carl E. Jenkins, Esq., Ft. Lauderdale, FL for defendants