The Nature of the Case
At the age of nine T.W. was struck by a car. In the aftermath of the accident and as part of her regular healthcare follow-up, she visited a dentist who never detected a cyst in her mouth, despite making several visits and having numerous x-rays completed.
Another dentist identified the problem – 7 years later – and root canals on the cyst led to a large lesion in the top right front tooth, causing headaches, slurred speech, facial pain, along with swelling in the face and mouth. With so many complications, T.W. underwent additional endodontic surgery and extensive post-surgery treatment afterward.
Her primary dentist had failed in diagnosing the original cyst by wrongly reading the x-ray results and assuming nothing was wrong. The cyst, it was later discovered by review, was clearly evident in the x-ray.
T.W. suffered great pain for many years before and after surgery to remove the cyst and restore her health.
The Resolution
Bogoroch & Associates assisted T.W. with her visits to expert dentists, endodontists, a neurologist – all who provided expert opinions on their reviews.
It was clear to each and all of the experts that the x-rays had been misread by the dentist. T.W. had been in a previous accident and sustained injuries that should have suggested a closer reading was in order. The first dentist did not provide an adequate medical review and did not meet a standard of care expected of him.
Bogoroch & Associates worked with T.W. to:
- assemble all records and reports
- time and depth of initial dentist visits compiled to consider standard of care
- visit dental and medical experts
- assessed long term possibility of facial disfigurement
- reviewed cost of future pain and suffering before mediating
The case was mediated over 5 hours. It was established that the injury was not only painful before and after surgery, but that it had been present for so long before diagnosis. There was considerable emphasis on the fact that time taken to diagnose was completely unreasonable. And because of it – T.W. might well have a permanent injury with ongoing problems.
A fair and reasonable settlement was agreed upon for her suffering. This amount paid for past dental bills as well as future costs that would be incurred. While she continued to deal with the injury, T.W. could move on with her life knowing that her dental expenses would be adequately paid for as she worked to develop better health.
*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.