JW Dental Legal News Toronto
- Dental Malpractice
- Employment Law
- Complaints & Discipline
- Family Law
- Disability Law
- Personal Injury
- Current Newsletter
- Past Newsletters
- Dental Business Tips
- Dental Malpractice Tips
- Dental Practice Tips
- Time Limitations on Suits
- Family Law Tips
Joyce Weinman, Barrister and Solicitor, Toronto, Ontario
Toronto Lawyer

Jerry’s Little Shop of Horrors and Linda’s Full Mouth Reconstruction-Part 1

Jerry is a dentist in general practice. Linda was his patient from 1982 to 1989.

In August of 1988, during a routine visit Jerry recommended the replacement of Linda’s bridge and partial denture which she had had for some 15 years and which was showing signs of deterioration.  For aesthetic reasons, to improve the spacing, he also suggested that she have facets placed on three upper front teeth.  The procedures were to take about six weeks and the cost was to be $6,000. Linda agreed to the proposed treatments.

At the very same visit, much to Linda’s surprise, Jerry proceeded immediately to remove her old bridge.  It was done without anesthetic. Linda was not a wimp.   However if you had the chance to witness Jerry in action you would confirm that these procedures were very painful.   Jerry then prepared Linda’s teeth, took impressions for the new bridge, installed a temporary bridge and adjusted her partial denture.  Jerry also prepared the three upper teeth to receive the facets.

About a month later Linda returned to Jerry's office to have the new bridge fitted. But Jerry noticed that it had a hairline crack so that it had to be returned to the laboratory, leaving Linda with her temporary bridge.  On this visit, Jerry took measurements for the three upper facets.  He also gave Linda the new partial denture, but it proved to be ill-fitting and Linda was unable to chew solid food.  Linda complained of the pain in her mouth.  Jerry assured her the pain would go away once all the treatments were completed. She still trusted Jerry and hoped for the best!

Two weeks later, Jerry applied the facets on Linda's upper front teeth.  Linda went home. She  felt a great deal of pain and could eat only soft food.  She was up all night taking Extra Strength Tylenol. She telephoned to complain to Jerry; he continued to reassure her that this would disappear at the end of the treatments.

A few weeks later, in October 1988, Linda returned for a second fitting of the new permanent bridge. Again, Jerry proceeded without anesthetic. Suffice to say the procedure was very painful to Linda.  This time, Jerry considered that the teeth on the bridge were too long, so that the bridge again had to be returned to the laboratory.  Linda was again left with her temporary bridge and unable to eat solid foods.

When the new permanent bridge was tried in December 1988, for a third time, it was again found to be unacceptable by Jerry and it was again returned to the laboratory.  Yes, removal once again without anesthetic, more pain and copious tears from Linda.

The new bridge vas redone by the laboratory and retried a fourth time and found to be unacceptable.  This time Jerry took new impressions of Linda’s mouth and ordered an entirely new permanent bridge from the laboratory. You get the picture.

Finally, in April 1989, Jerry installed the new bridge.  The treatments were then supposed to have been completed.  Remember Jerry’s promise well Linda's pain continued to intensify, and she continued to complain to Jerry of pain, plus bleeding and inflammation.  Jerry suggested brushing and flossing her teeth but she found it unbearably painful to do so.

Linda saw Jerry for the last time in November 1989.  The pain had become unbearable.  Jerry cleaned her mouth in the area of the new bridge and told Linda she should have this done every four months.  She could not follow the home care routine, since she could not bear to touch her teeth with her tooth brush, floss threader, floss or rubber tip stimulator.

Linda had finally  lost faith and trust in Jerry.

Linda then consulted Dr. Robby, another dentist in general practice.  He proposed a series of treatments at a cost of $7,325.  She saw him twice in December 1989 and ten times for treatment during the period from March 1990 to June 1990.

Dr. Robby was of the view that all of Linda's work had to be redone.   Dr. Robby performed certain work with a view to relieving Linda's pain.  He did some root canal work and he did some work to improve the spacing between the crowns on the bridge to enable Linda to clean her bridge more easily.

In June of 1990, Linda consulted, a prosthodontist, for an expert opinion as to her condition.  The prosthodontist did not treat Linda, but he did prepare a report as to the treatments she had received. He also told Linda that if she decided to sue Jerry he was ready to testify at trial.

In the meantime Jerry tried to broker a deal with Linda and offered her $1000 for her time and pain and suffering. Clearly he considered the case little more than a nuisance. Linda rejected the insulting offer.

In August of 1990, Linda began treatment with Dr. Michael another prosthodontist.  He was of the view that the work done on Linda had to be completely redone. He was going to coordinate and involve a number of specialists.  He estimated the cost of his services at $21,600.  He began his treatments in September 1990 and completed them in November 1992, a period of two years requiring 30 visits.  During this period, it was also necessary to retain Dr. Spittle a periodontist to perform surgery to Linda's gums and install six implants;  as well as Dr. Bore who did some root canal work that was required.

During the course of Linda's original treatments, as well as during the subsequent period of the treatments given to correct her condition, she suffered a great deal of pain and inconvenience. Since Linda had suffered a pain in her head for a very long time she decided to sue Dr. Jerry. She claimed that Jerry’s dental treatment was substandard. And as a result she had bodily injuries with much   pain and suffering, had experienced a psychological loss, and was out of pocket for costly specialist treatments. She consulted a litigation specialist who helped assess her case. She intended to claim substantial compensation. In the next issue of JW Dental Legal News we will report the outcome of Linda’s trial and Jerry’s ordeal.

JW.

JW Dental Legal News Toronto

Joyce Weinman, Barrister and Solicitor, 20 Holly Street, Suite 300, Toronto, Ontario, M4S 3B1
Phone: 416-848-1019 - Fax: 416-486-3309 - E-Mail: Joyce@jwdental.com

Home | About Us | Practice Areas | Newsletter | Forums | Resources | Links | Disclaimer | Copyright | Contact Us
Web Site Design: D-Tech-Consulting