Dental and Oral and Maxillofacial Surgery Malpractice Defense
The attorneys at Adler, Cohen, Harvey, Wakeman and Guekguezian, LLP have a proven track record of success in protecting the interests of oral and maxillofacial surgeons and dentists in malpractice litigation, as well as in matters pending before the Board of Registration in Dentistry.
Our philosophy is to provide a comprehensive and thorough review and analysis of all allegations, including consultation with highly qualified and nationally recognized experts in oral surgery or dentistry. When the claims lack merit, we defend our clients aggressively through litigation and trial, though we always consider methods of alternative dispute resolution when in the best interests of our clients.
Attorneys Ellen Epstein Cohen and Michael B. Barkley, Principals at Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP, have extensive experience in the specialized area of representing oral and maxillofacial surgeons and dentists in both litigation and in proceedings before the Massachusetts Board of Registration in Dentistry. Attorneys Cohen and Barkley have successfully defended against a wide range of allegations against dental specialists including failure to diagnose oral cancer, anesthesia related deaths, nerve injuries resulting in paresthesia, and many others. Attorneys Cohen and Barkley have each been selected as panel counsel for a nationwide insurer of oral and maxillofacial surgeons and a nationwide insurer of dentists.
Below are examples of our firm's successful defense of dental specialists in civil actions alleging malpractice.
Defense verdict in Bristol Superior Court on behalf of an oral and maxillofacial surgeon and his employer in a case involving alleged failure to diagnose and treat squamous cell carcinoma of the tongue at a time when the cancer allegedly would have been at an earlier stage and would have required less treatment and a better outcome for the patient. The matter was tried over 9 days in Bristol Superior Court. After deliberating for only one hour, the jury returned a verdict finding that the defendants were not negligent.
Defense verdict on behalf of an oral and maxillofacial surgeon in Middlesex Superior Court in a case involving the alleged delayed diagnoses of an ameloblastoma in the mandible of a teenager who eventually underwent mandibular resection and reconstructive surgery. The jury returned a verdict finding the surgeon was not negligent in his care of the patient.
Defense verdict on behalf of an oral and maxillofacial surgeon following a five day jury trial in Middlesex Superior Court, in a case in which it was alleged that the oral surgeon was negligent in connection with a surgical procedure to remove a foreign body from the patient's antrum and repair an oral-antral communication, allegedly resulting in an acute palatal hemorrhage, five day hospitalization, multiple subsequent surgeries, and a chronic oral-antral communication. After approximately 2 hours of deliberations, the jury returned a verdict finding that the defendant oral surgeon was not negligent.
Defense verdict on behalf of a general dentist in a Norfolk Superior Court jury trial. The plaintiff alleged that the defendant dentist negligently failed to obtain her informed consent before performing an occlusal equilibration procedure. The plaintiff further alleged that the procedure resulted in the development of temporomandibular joint disorder and myofascial pain, resulting in physical and emotional injury, and the need for substantial restorative dental work. After a five day trial, the jury returned a verdict in favor of the dentist, finding that the defendant had not negligently failed to obtain informed consent.
Defense verdict on behalf of an oral and maxillofacial surgeon in a case involving alleged failure to appropriately monitor a teenage patient for recurrence of a keratocystic odontogenic tumor, resulting in a delay in diagnosis of a recurrent tumor and the need for extensive surgical treatment. The case was tried in Hampden Superior Court. After a nine day jury trial, the jury returned a verdict in favor of the oral surgeon, finding that he was not negligent in his treatment of the patient.
For more information or to schedule an appointment with an experienced lawyer regarding a claim of dental or oral surgery malpractice, please contact us at 617-423-6674 or 401-521-6100.