The plaintiff; a twenty-nine year old Internal Revenue Service secretary went to a dentist for an examination and was told she needed her four wisdom teeth removed and a root canal and crown on a lower molar tooth. The plaintiff went to defendant teaching-hospital’s Oral Surgery Out-Patient Clinic to have the wisdom teeth removed under general anesthesia. She specifically instructed the dentist to remove only the lower wisdom teeth, insisting on having the upper wisdom teeth removed at another time. The consent form which she signed, specifically referred only to the lower two wisdom teeth. While she was under general anesthesia, the oral surgery resident extracted the two lower wisdom teeth and the two upper wisdom teeth and the tooth which was going to get a root canal and crown. The hospital’s position was that there was no damage as a result of the extraction of the upper wisdom teeth and that the lower molar was too hopelessly decayed for a root canal and crown to salvage the tooth.

The case was settled prior to filing for $20,000. Kenneth P. Liroff, D.D.S., J.D., of THE DENTALAW GROUP, Ft. Lauderdale, FL represented the plaintiff.

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The plaintiff, a middle-aged homemaker, was driving to work and listening to her Cuban radio station when she heard the news: the State of Florida raided her “dentist’s” office and closed him down because he wasn’t a dentist. Apparently, the defendant, a former dental lab technician, was tired of working for dentists, so he decided to be one. He submitted fraudulent credentials to the Board of Dentistry, took the state Board examination…and passed! He opened an office, took out a Yellow Pages ad, and was in business. Plaintiff alleged that he was doing orthodontic treatment backwards and that the braces had to be removed, replaced, and movement of the teeth had to be reversed. A couple of crowns also had to be replaced. There was no permanent injury.

The case was tried before a jury which returned a verdict of $12,000.00 but did not award requested punitive damages. Sharon M. Sabel, Esq., of THE DENTALAW GROUP, Ft. Lauderdale, FL represented the plaintiff. Harold Braxton, Esq., Miami, FL, for the defendant.

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