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Dental Malpractice Case Dismissed

December 1st, 2008

Recently, the firm was successful in obtaining a dismissal of a dental malpractice case. In that case, the plaintiff claimed that she received dental implants that were placed too close to a nerve, causing permanent injuries. In the course of discovery, we determined that plaintiff’s action was untimely filed. Consequently, plaintiff attempted to overcome that issue by amending the complaint to include allegations of intentional concealment and fraud. Specifically, plaintiff alleged that our clients, the dental school and the dentists, committed fraud when they repeatedly assured her that the subsequent pain and discomfort were normal and would heal on its own. We successfully opposed plaintiff’s attempt to amend the complaint. Subsequently, we filed a motion for summary judgment on the ground that plaintiff ’s action was untimely filed and barred by the statute of limitations. Plaintiff agreed to dismiss her lawsuit prior to filing an opposition to our motion.

Posted in Case Dismissal, General Liability, Malpractice, Summary Judgment |


Hurrell Cantrall LLP
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Tel (213) 426-2000  •  Fax (213) 426-2020

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