June 28, 2007

David Strite and Katherine Vesely were successful in defending a Shelby County dentist in this dental malpractice action in Shelbyville, KY.  Plaintiff alleged that the dentist was negligent in failing to obtain informed consent for the surgical procedure, causing a post-operative complication to occur during the surgical extraction of his third molars, and in failing to communicate to the Plaintiff post-surgery the nature of this complication and the need for follow-up treatment.  According to the Plaintiff, he was not aware that this complication could occur as a result of this surgery, and he did not discover the need for follow-up treatment for this complication until four years later when he next saw a dental practitioner.  Plaintiff claimed that in the 4-year interim, he suffered severe sinus headaches which caused him to miss substantial time from work and family activities.  Plaintiff’s counsel requested the jury return with a verdict for the Plaintiff’s lost wages, past medical bills, and pain and suffering.  Strite and Vesely defended by submitting proof that the Plaintiff was aware of the risks and benefits of this procedure as evidenced by his signing three informed consent forms, that this was a known complication of the procedure, and that the dentist adequately communicated the complication and need for follow-up treatment to the Plaintiff after the procedure on the day of surgery and later that evening in a phone call to the Plaintiff.  Although informed of the need for follow-up treatment, the Plaintiff simply chose not to return for the scheduled follow-up treatment.  The Shelby County Circuit Court jury agreed and returned with a defense verdict awarding nothing to the Plaintiff.