Carlson Duo Secure Win For Minor Client Injured By Negligent Dentist
What was meant to be a routine operation to remove two primary (baby) teeth, ended up deforming a 9-year-old girl’s smile for the rest of her life, because of the negligent actions taken by a general dentist in Frisco, Texas.
Thanks to the efforts of Carlson partners Todd Kelly and Scott Crivelli, the minor child who had a permanent tooth removed, received compensation that will provide the child with the proper health care needed to get her smile back.
Although the dentist struggled to remove the tooth during the procedure, which is a sign that the tooth was actually secondary (adult), no further testing was done to be sure of the extraction.The dentist relied on six month old x-rays. At the client’s age, the primary teeth were still falling out, making it necessary to run more tests and x-rays for her new dental layout.
“People understand that when their child is hurt by another, that the other person should pay for that harm. Too many times in Texas, we are quick to dismiss the neglect and carelessness of those in the medical profession because we put them above the law,” said Kelly. “They should not be – as one of our jurors said before this trial started, because they are entrusted with our very health, we should hold them to a higher standard.”
If a permanent tooth is removed, it may be replanted within 30 minutes. According to court documents, the dentist did not mention his mistake to the parent and postponed facing the problem that could have been prevented.
The client will have to undergo up to ten years of treatment to replace the tooth after several painful and complicated procedures. Even then, these procedures are not guaranteed to remedy her condition. She also suffered mental anguish and loss of self-esteem.
According to Craig Carlson, managing partner of The Carlson Law Firm, many attorneys shy away from dental cases due to the difficulty to prove fault and lower value. The attorneys at The Carlson Law Firm decided to pursue the case and fight for the young child’s rights.
“I took the case because I have a young daughter and I would be livid if a doctor did to her what this one did to our client. I suspected a jury would too,” said Crivelli. “Doctors are not infallible, and when they hurt someone, they must admit their mistakes and ultimately fix what they broke.”
The talent and teamwork of these two attorneys were key to the success of this case.
“Ultimately, no case will be successful if you don’t put the time, preparation and soul into it that it deserves,” said Crivelli.
Crivelli and Kelly brought the case to trial, where a jury awarded the plaintiff $345,000.
- Written by Jill Fowler