The plaintiff was a recurring patient at the defendants’ dental practice, where she received continuous general dentistry and orthodontic care starting in 2020. During the course of her treatment, panoramic and CBCT x-rays were taken in April 2021 and March 2022. Both sets of x-rays displayed an obvious and growing radiolucent shadow in the patient’s anterior lower jaw.
Over multiple years, neither the treating orthodontist nor the general dentists at the practice documented the abnormality, informed the patient, or referred her to a specialist. The lesion went undiagnosed until June 2023, when a different dentist at the same practice noticed the shadow. By that time, the lesion had grown significantly.
Due to the delay in diagnosis, the expanding fibro-osseous lesion destroyed surrounding bone and nerves. The plaintiff was referred to an oral and maxillofacial surgeon, where she had to undergo an invasive full-thickness flap surgical excision. Plaintiff’s experts opined that a timely diagnosis in 2021 would have prevented the lesion’s spread and spared her from undergoing multiple complex surgeries. As a result of the delay, the plaintiff suffered permanent neurological impairment and anticipates the future loss of teeth, which will require implants and further jaw reconstruction.
The defense heavily contested the claims on both procedural and factual grounds. The dental practice’s orthodontist escaped liability after the court granted a plea in bar on statute of limitations grounds. The court ruled that the continuing treatment rule did not apply to extend the statute of limitations for the orthodontist once the patient’s braces were removed, even though the patient had an additional follow-up appointment for a retainer issue.
The plaintiff successfully resolved the case at mediation with the general dentist who had primary responsibility for her care.