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Personal Injury
Dental Malpractice
Failure to Diagnose Cancer

Michael Herrington v. Don C. Gilbreth, DMD, Ltd.

Published: Dec. 7, 2013 | Result Date: Nov. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: A-11-650186-C Verdict –  $660,000

Court

Clark County District, Nevada


Attorneys

Plaintiff

John B. Marcin


Defendant

Kim I. Mandelbaum


Facts

Michael Herrington, a coffee salesman, was treated by Dr. Don Gilbreth, a local Las Vegas dentist. During a visit, Dr. Gilbreth had noticed a cancerous nodule. As a result of the cancer, Herrington lost some of his teeth, and some of his teeth had to be removed due to low saliva production. He lost six teeth in total.

Herrington filed a suit against the dentist, claiming the dentist failed to diagnose his cancer or refer him to a specialist.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Dr. Gilbreth had seen the cancerous nodule, but failed to take the proper medically necessary steps to diagnose it or make the proper referral.

DEFENDANT'S CONTENTIONS:
Defendant contended that he met the standard of care in the community in all his treatment modalities.

Result

The jury found in favor of the plaintiff and awarded him $660,000.

Other Information

FILING DATE: Oct. 19, 2011.

Length

two weeks


#111758

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