TT&H Attorney Dan Grill Wins Defense Verdict in Dental Malpractice Action

On May 13, 2022, TT&H Attorney Dan Grill won a defense verdict following a 3-day trial in the Lycoming County Court of Common Pleas. The case concerned allegations of dental negligence. The claim involved extraction of tooth #29, in the lower right mandible. An implant had been planned at the same location. After the tooth was successfully extracted, the defendant-dentist, Dan’s client, turned his attention to site preparation before placing the implant. However, during one of the drilling maneuvers, the patient moved her head, resulting in the drill engaging some soft tissue from the patient’s cheek and gum line. Due to concerns about potential nerve damage, the implant was not performed. The dental patient would later file suit, claiming numbness, sensitivity and other complaints. Prior to trial, she made a demand in excess of $200,000.00.

At trial, Plaintiff’s expert testified that the Defendant failed to obtain informed consent and failed to advise the patient of the possibility of nerve injury. He also testified that the dentist was unqualified to do the site preparation and that he should have made a referral to a specialist. Further criticism included lack of preoperative planning for failure to use specialty radiology to locate nerves and other structures. For his part, Dan presented expert testimony from a suburban Philadelphia periodontist, who has performed over 15,000 implants, as well as a neurologist. Their testimony established that the Plaintiff’s claimed injury did not occur while the drill was fully in the tooth socket. Rather, the Plaintiff’s claimed injury occurred when she jerked her head on the final drilling approach. Following the completion of the 3-day trial, the jury returned a verdict in favor of Dan’s client. The jury found that Dan’s client was not negligent and that he properly obtained informed consent from the Plaintiff.

Questions about this case can be directed to Dan Grill at (717) 237-7115 or dgrill@tthlaw.com.