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Medical Malpractice
Dental Malpractice
Failure to Refer to a Specialist

Nathalie Cox v. Dr. Margarita Metrikina and Does 1-100

Published: Nov. 12, 2016 | Result Date: Jul. 14, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC526704 Verdict –  Defense

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Morris S. Getzels
(Morris Getzels Law Office)


Defendant

George E. Peterson
(Peterson, Bradford & Burkwitz LLP)


Facts

Nathalie Cox sued Dr. Margarita Metrikina in connection with allegations of dental malpractice.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff presented to defendant, a dentist, who diagnosed her with periodontal disease. The dentist, however, never referred her to a specialist, causing her to ultimately lose six of her teeth due to the gum disease. Plaintiff claimed that had defendant referred her to a specialist, she would not have lost her teeth. Defendant's failure to do so allegedly constituted medical malpractice.

DEFENDANT'S CONTENTIONS:
Defendant claimed that she had diagnosed plaintiff with mild periodontal disease. Defendant claimed that plaintiff failed to follow oral hygiene instructions and failed to inform defendant that she treated with other dentists. Defendant contended that she appropriately managed plaintiff's presenting clinical issues as they developed. Lastly, much of her dental restorations were replaced by another dentist solely for aesthetic purposes.

Injuries

Cox suffered tooth loss and obtained dental implants from another provider.

Result

The jury found in favor of Dr. Metrikina.

Other Information

According to plaintiff, on the special verdict the jury found that Dr. Metrikina had fallen below the standard of care, but failed to find that Dr. Metrikina's treatment had been a substantial factor in plaintiff's damages. FILING DATE: Nov. 4, 2013.


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