Our Results
The following are some of the dental malpractice cases that John Green has defended over the last 12 years. They include the defense of dentists and dental specialists involving a wide range of dental treatment.
DuPage County – Plaintiff alleged the general dentist negligently performed full mouth dental reconstruction (25 crowns) by providing improper tooth anatomy and failing to establish a bite. As a result, the plaintiff alleged at trial that she required $48,000 in remedial dental treatment. In defense of the allegations, John Green argued that the general dentist followed the standard of care in placing provisional (temporary) crowns to establish a proper vertical dimension. After the plaintiff was asymptomatic wearing the provisional restorations, the defendant dentist then placed the permanent crowns that were within the standard of care. The defense further argued that the plaintiff’s alleged injury of myofascial pain dysfunction was a preexisting condition which was one of the reasons why the previous dental treatment had to be redone by the defendant dentist. The plaintiff’s attorney asked the jury for $250,000 and the verdict was “not guilty”.
Cook County – Plaintiff alleged the defendant general dentist failed to refer the plaintiff to an endodontist (root canal specialist) for an infected lower right second molar known as Tooth #31. As a result of the alleged negligence, the plaintiff argued that the plaintiff developed a submandibular abscess which required not only the extraction of Tooth #31 but plastic surgery to correct a facial defect. In defense of the general dentist, Green argued that the defendant dentist did indeed provide a written referral to an endodontist and had in fact left a message on the plaintiff’s answering machine to see an endodontist. This case was interesting from the standpoint that a plastic surgeon, who was not a named defendant, mistakenly diagnosed the tooth abscess as a sebaceous cyst and performed unnecessary plastic surgery. The plaintiff sought $50,000 but the jury found in favor of the defendant dentist.
Cook County – A 70 year old plaintiff alleged the defendant oral surgeon negligently placed two dental implants in the lower jaw (as part of an overdenture treatment) and that 4 weeks post operatively the plaintiff’s lower jaw fractured, requiring closed reduction and hospitalization ($24,263 in medical bills). At trial, the plaintiff claimed of a crooked jaw, numbness, pain and inability to wear a lower denture. The defense argued that the plaintiff was advised of the risks of implant surgery and that the post operative jaw fracture occurred, either because the plaintiff bumped her jaw or because the lower left implant failed. Green pointed out to the jury that the lower right implant was still in place (lower left implant failed) to support his argument that the standard of care had been met. After 2 days of jury deliberation, the jury returned a verdict of not guilty.
Cook County – Plaintiff alleged that the defendant oral surgeon abandoned the plaintiff for post operative treatment following the extraction of Tooth #17 (lower left wisdom tooth). The plaintiff went on to allege that he developed osteomyelitis and a jaw fracture requiring surgery to remove the infection and to wire the jaws. In defense of the oral surgeon, Green showed the jury the inconsistencies in the plaintiff’s version of alleged phone calls to the defendant oral surgeon in interrogatories, deposition testimony and finally at trial. Defense also argued that the plaintiff failed to produce any phone records to support his version of events and also pointed to the plaintiff’s 2 month delay in getting treatment after the alleged abandonment. This case was interesting from the standpoint that the plaintiff was still wearing the arch bars (wires) at time of trial even though they should have been removed 5 years earlier.
Lake County, Illinois – John Green defended an orthodontist who was accused of negligently ordering the extraction of 4 bicuspids prior to orthognathic surgery, resulting in an unsatisfactory esthetic appearance. In defense of the orthodontist, Green argued to the jury that the extractions were necessary prior to the surgery and in accordance with the standard of care and that the orthodontic case was completed within the standard of care. The jury found in favor of the orthodontist.
Cook County – The plaintiff alleged that the general dentist negligently evaluated plaintiff’s upper right canine (Tooth #6) before placing a new upper bridge. Tooth #6 eventually fractured and the plaintiff claimed that the tooth should never have been used as an abutment (support) for the upper bridge. As a result, the plaintiff underwent the extraction of Teeth #6 and #7, the placement of dental implants, and a new bridge totaling $20,960. The defense argued that the general dentist properly evaluated Tooth #6 as an abutment for a bridge and that the tooth fractured 2½ years after the bridge had been placed as a result of the plaintiff getting hit in the mouth while helping a friend move furniture. The jury found in favor of the general dentist.
DuPage County – The 47 year old plaintiff alleged that the general dentist improperly placed a parapost inside Tooth #19 (lower left first molar) following a root canal, resulting in the tooth fracturing and the need for an extraction. In defense of the general dentist, Green cross-examined the plaintiff’s expert witness (who was also the subsequent treating dentist) by showing the jury that the expert witness had intentionally angled the x-ray of Tooth #19 (showing the defendant dentist’s post) to give the appearance that the post had been mal-positioned. The defense further argued that the fracture of the tooth was the result of normal “wear and tear”. The jury deliberated 15 minutes before returning a “not guilty.”
DuPage County – The plaintiff alleged that the general dentist improperly made a full upper denture and lower partial denture for the 52-year old plaintiff. The plaintiff further alleged that the general dentist failed to provide her with appointments (following the delivery of the dentures) because the dentist was unhappy with the plaintiff. The defense argued that the plaintiff concocted her complaints in order to justify not paying the bill. This was a bench trial in which the judge found in favor of the defendant dentist.
Cook County – The plaintiff, a 48-year old bank manager and a patient of the general dentist for 23 years, alleged the general dentist failed to diagnose, treat or refer for periodontal (gum) disease which resulted in the loss of most of the plaintiff’s teeth and the need for $17,746 in dental work and $78,000 in future dental care. The defendant general dentist, a former professor at Loyola Dental School, argued that he followed the standard of care by frequently cleaning and x-raying the plaintiff’s teeth and that there was no evidence to support a referral to a periodontist until 1999 when her periodontal condition began to rapidly deteriorate. The defense further argued that the plaintiff was a bruxor (grinded her teeth) who failed to wear a bruxism appliance and had a genetic predisposition to developing gum disease which could not be controlled by the general dentist. The jury returned a “not guilty verdict” in favor of the general dentist.
Cook County – The plaintiff alleged the defendant general dentist negligently broke a root canal instrument inside one of the roots of Tooth #31 (lower right second molar) and that he failed to advise the plaintiff of the broken file. The plaintiff ended up having Tooth #31 extracted by an oral surgeon. The plaintiff further alleged that this incident exacerbated his preexisting depression and obsessive-compulsive disorder (in which he excessively washed his hands and avoided lines in the sidewalk), conditions for which he had been under the care of a psychiatrist. In defense of the general dentist, Green argued the defendant dentist had indeed informed the plaintiff of the broken file (even though it wasn’t recorded in his records) and that his plan was to monitor Tooth #31 for any development of postoperative symptoms. This case was interesting from the standpoint that the plaintiff’s brother was a sitting judge in Law Division of the Circuit Court of Cook County who testified as to the plaintiff’s pain and suffering. The jury returned a verdict in favor of the general dentist.
Cook County – The plaintiff alleged that the defendant general dentist along with the co-defendant, an oral surgeon, negligently failed to diagnose a jaw fracture following the extraction of a lower right wisdom tooth by the oral surgeon. In defense of the general dentist, Green argued that the postoperative panorex x-ray showed no evidence of a fracture in the area of the extraction site. The plaintiff claimed he felt a crack in his jaw 2 weeks following the extraction while eating a Domino’s pizza. Green argued successfully that the plaintiff never ordered a pizza. Interestingly, the jury returned a favor against the oral surgeon for failure to provide proper postoperative care and awarded $75,000. As to John Green’s client, the jury found the general dentist not guilty.
