In an action for dental malpractice and lack of informed consent, it was alleged that Gallardo Levin Reiter & Rogers‘ clients, a dentist and dental practice, were negligent in performing root canal treatment which caused pain-and-suffering and resulted in the extraction of the tooth. It was specifically alleged that the defendant dentist carelessly over instrumented the tooth, incorrectly measured the length of the tooth, and utilized the wrong size file to instrument the tooth causing injury to the apex and causing root canal filling material to extrude into supporting bone and sinus cavity. The court found that Gallardo Levin Reiter & Rogers‘ motion papers established its clients’ prima facie entitlement to judgment as a matter of law and dismissal of both the dental malpractice and lack of informed consent causes of action. The court also accepted Gallardo Levin Reiter & Rogers‘ arguments that the affirmation of plaintiff’s expert was speculative and conclusory, and thus insufficient to withstand summary judgment, and that the codefendant dentist was an independent contractor for whom Gallardo Levin Reiter & Rogers‘ clients should not be vicariously liable. The case was handled by Gallardo Levin Reiter & Rogers partner Domingo R. Gallardo and of Counsel Richard M. Fedrow.
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