Morrison Mahoney Partner Bob Gunning recently obtained a no cause on behalf of his client dentist following binding arbitration with a retired Superior Court Judge.
The dental malpractice action arose following a root canal procedure wherein plaintiff alleged that the defendant was negligent in failing to recognize a reaction to the Sodium Hypochlorite used to clean the root canals and in failing to provide her with the appropriate informed consent. Plaintiff claimed she sustained temporary swelling and bruising of her right cheek and eye and a permanent injury to the trigeminal nerve.
Each party testified, along with the dental assistant and their dental experts. On cross examination, it was established that when the root canal procedure was completed there were no signs of bleeding or necrotic gum tissue/gingiva and there was no perforation of the tooth’s apex. Plaintiff did not complain about the root canal at two follow up visits.
Although plaintiff was diagnosed with trigeminal neuralgia two months later by a neurologist, there was no objective diagnostic testing to confirm the nerve injury. On cross examination, plaintiff agreed that she was previously diagnosed with a deviated septum, chronic sinusitis and inflammation, which caused compression to the trigeminal nerve.
In his decision the Judge found that plaintiff did not sustain an acute reaction to the Sodium Hypochlorite, but a rare hypersensitivity that occurs in .12% of root canal patients. The Judge also found that there was no deviation by the dentist in performing the root canal procedure and noted that the root canal never failed or required retreatment.
