Facts

Plaintiff Patrocinia Smuckler, a 46-year-old registered nurse, presented to the dental office of the defendant Stephen Weisberg, DDS, on Sept. 4, 2001, with complaints of loose bridges attached to dental implants on the lower right and lower left jaw. The bridges had been placed by another dentist in 1993.

The defendant referred the plaintiff to an oral surgeon for consultation regarding the implants. However, she went to another oral surgeon (without the knowledge of the defendant) who proceeded to remove the 2 implants and replace them with 4 new implants.

The plaintiff returned to the defendant's office and he was unable to replace the lower bridges for 6 months while the implants were allowed to integrate. The plaintiff had a 10 year history of TMJ symptoms which had resolved when she was first seen by the defendant. The symptoms of pain and headaches returned during the defendant's treatment and he prescribed a night guard. The plaintiff did not wear a night guard as prescribed and admitted to adding acrylic, obtained from a nail salon, to the occlusal surfaces of her lower posterior bridges to make her bite more comfortable.

The plaintiff left the defendant's care in October 2003 and returned to her prior dentist, Dr. David Frederick, who referred her to a UCLA pain management specialist, Andrew Pullinger. He prescribed splint therapy and physical therapy. The plaintiff's condition improved over the next 12 months.

Dr. Frederick has since replaced all of the defendant's crowns and bridges and the plaintiff is now wearing temporary restorations. Permanent restorations will be placed when her TMJ symptomology has completely resolved.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in the preparation and placement of the upper and lower restorations. He permanently cemented the upper bridge against her will. As a result of his negligence, her TMJ symptomology returned and she was in extreme pain and experienced migraine headaches for many months until she went to UCLA. She will incur special damages in excess of $75,000 to have all of the defendant's work replaced.

DEFENDANT'S CONTENTIONS:
The defendant contended that his treatment was appropriate and within the standard of care. The plaintiff compromised his treatment plan by having the dental implants replaced without his knowledge. This resulted in her not having any posterior support in the lower arch for 6 months which affected her bite and triggered her previously dormant TMJ pain. She self treated by adding acrylic to her teeth which altered her bite. During the first year of treatment, she was treating with another dentist, unbeknownst to the defendant, who was altering her bite by replacing some of the crowns. He discharged her as a patient in that she did not follow his advice and was argumentative and disrupted his office. The defendant never completed the plaintiff's treatment.

Injuries

Aggravation of TMJ and the need for full mouth reconstruction.

Deliberation

3.5 hours

Poll

9-3

Length

four days