Facts

Michelle Jensen, an insurance biller and receptionist for a dentist, approached her boss, Kenneth Krauss, with complaints of intermittent hot and cold sensitivity in the area of one of her teeth. In November 2009, a filling had become dislodged from that tooth. Krauss, a dentist, then evaluated her and attempted to restore the tooth with a crown. When he discovered there was too much decay, he recommended the tooth, as well as another, be extracted.

Later, Jensen experienced pain and numbness. She discovered that she had suffered an injury to the 5th cranial nerve as a result of the extractions. Soon after, Jensen's employment with Krauss ended.

Jensen sued Krauss and his office, alleging that they had failed to properly perform the extractions and failed to obtain her informed consent to extract one of the teeth. She also alleged that these failures constituted dental malpractice. She denied giving Krauss consent to remove the adjoining tooth and claimed that Krauss was negligent in causing the nerve damage.

Krauss argued that Jensen was barred from bringing a civil suit against him and his office, because she had received the treatment as a benefit of her employment.

Injuries

Jensen claimed that the numbness to her lower, left jaw continued. A periodontist determined that the numbness was caused by an injury to a nerve, and that the damage was likely permanent.

Result

The Court found that Krauss's affirmative defense was established and barred Jensen from bringing a dental malpractice action against the Defendants.