Plaintiff was a 55 year old school teacher who had been under the almost continuous care of her general dentist from 1963 until 1995. During her 32 year course of treatment by the defendant, the plaintiff diligently and almost religiously returned to the office for periodic prophylaxes (cleanings) which were performed by the defendant and not by a dental hygienist. In 1970, the defendant made a full mouth series of dental x-rays, and made cavity-detecting (bite-wing) x-rays at many of the cleaning visits.

She was never told about the onset or progression of periodontal disease until December, 1995, when she developed a periodontal abscess and the defendant made a new full mouth series of x-rays. Even then, the dentist didn’t tell her about her periodontal disease but, instead, referred her to a periodontist who “had to tell her the bad news.” The plaintiff lost several teeth and required four quadrants of periodontal surgery.

The case settled during the presuit investigation period for the defendant’s policy limits of $100,000.00. Dade County, Florida. Kenneth P. Liroff, D.D.S., J.D., of THE DENTALAW GROUP, Ft. Lauderdale, FL represented the plaintiff. Mary Lou Donovan, Claim Representative for St. Paul Fire & Marine Ins. Co., for the defendant.

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The plaintiff was a thirty-eight year old mail carrier who had been receiving regular dental care from the defendant general dentist for several years. He complained about a “white spot” on his gums above a maxillary central incisor tooth and later noticed pus exuding from this spot. The defendant suggested that the plaintiff see a partner defendant dentist. That dentist performed periodontal surgery which resulted in significant recession of the gingiva around the necks of the upper anterior teeth revealing considerable tooth and root structure. The plaintiff claimed that he should have been referred to a periodontist. The plaintiff’s subsequent treating dentist found a maxillary anterior bridge constructed by the first dentist to be defective and the source of the periodontal abscess. The plaintiff was referred to a periodontist who was critical ofthe second dentist’s attempt at periodontal therapy. The plaintiff required replacement of his three unit bridge and gingival graft surgery. All dental expense was paid by dental insurance.

The case settled for $24,000 prior to trial. Kenneth P. Liroff, D.D.S., J.D., of THE DENTALAW GROUP, Ft. Lauderdale, FL represented the plaintiff. Michael L. Von Zamft, Miami, FL for the defendants.

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