Facts

Plaintiff Albert Balassy underwent root canals on 10 teeth. Defendant Ray Fazan performed the procedures. After the procedures were done, the plaintiff underwent a dental examination by another dentist, who recommended further treatment. The plaintiff then saw an endodontist who performed a second round of root canals. The plaintiff filed suit for dental malpractice.

PLAINTIFF’S CONTENTIONS:
The plaintiff claimed that the defendant's negligent dental work caused him to experience pain and discomfort after the initial root canal procedures. He contended that the defendant's performance fell below the acceptable standard of care, requiring him to undergo a second series of root canals.

DEFENDANT’S CONTENTIONS:
The defendant denied the negligence allegation. Dr. Weichmann testified that all root canal therapy was within the standard of care. He argued that the plaintiff fabricated the claims of pain and discomfort. He suggested that the plaintiff was retaliating against him because he had refused to testify on plaintiff's behalf in an earlier, unrelated lawsuit. Dr. Farzan testified that the plaintiff had asked him to testify that the plaintiff required root canal therapy as a result of a car accident, but the defendant believed the plaintiff's need for root canal therapy was the result of poor oral hygiene.

Settlement Discussions

Plaintiff demanded $50,000, defendant offered $2,500 (C.C.P. Section 998).

Damages

The plaintiff sought to recover $75,000 for his pain and suffering.

Result

The jury found for the defense.

Deliberation

30 minutes

Poll

12-0

Length

three days