By The Law Offices of John Day, P.C. on Oct 30, 2024 06:05 am
Where there was a question of fact regarding when the plaintiff should have discovered her injury in a health care liability case, as the pain she experienced was a potential side effect of her dental procedures, summary judgment for the defendant dentist was reversed. In Price v. The Center for Family and Implant Dentistry, PLLC, No. E2023-01100-COA-R3-CV (Tenn. Ct. App. Oct. 8, 2024), plaintiff filed an HCLA claim against defendant dentist after being told by another dentist that dentures could not be made to fit the implants installed by defendant. Plaintiff began her treatment with defendant in April 2019, which involved extracting all her teeth and installing implants in preparation for dentures. After procedures in June, August and October 2019, plaintiff experienced pain, but she was told these were normal side effects. Plaintiff also noticed that her temporary dentures would slip out of her mouth. According to plaintiff, she received wax rims on December 9, 2019, but adjustments needed to be made. Plaintiff returned in February 2020 to try the new set of teeth. According to plaintiff, defendant was rude at the appointment, so plaintiff met with a different dentist thereafter. That dentist, as well as another dentist, informed her that teeth could not be made that would fit the existing implants. Plaintiff gave pre-suit notice under the HCLA on December 8, 2020, then subsequently filed this malpractice action. Defendant moved for summary judgment based on the statute of limitations, arguing that plaintiff experienced pain, bleeding and other symptoms after her June 2019 procedure; that she experienced complications after her October 2019 procedure; and that her temporary dentures did not fit in 2019. Based on these facts, defendant argued that plaintiff should have discovered her injury well before December 9, 2019, making her suit untimely. The trial court agreed and granted defendant summary judgment, but the Court of Appeals reversed. Continue reading
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