Blakeslee v. Tannlund

BARNARD, P. J.

This is an action for damages alleged to have been sustained by the plaintiff as a result of negligent dental treatment by the defendant.

The following facts appear from the evidence, although not without conflict. The plaintiff, having been advised by his doctor to have all of his teeth extracted, employed the defendant to do this work and to make for him a set of artificial dentures. During the course of the extraction one of his teeth was broken and a portion of a root was left imbedded in his jawbone, which caused a soreness and later an infection. The dentures which were made did not fit his mouth and would not stay in place. Over a period of about eight months he went to the defendant’s office once a week, sometimes of tener,

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and continually complained that the dentures made his mouth sore and especially that he suffered great pain in a certain part of his jaw or gum, where it later developed that a fragment of the root of a tooth remained. The defendant repeatedly attempted to refit the dentures after which he would force the lower denture down over the affected portion of the ' plaintiff’s gum or jawbone. A somewhat serious condition developed, causing the plaintiff considerable pain and suffering and affecting his general health. After the defendant had refused to do anything more for him the plaintiff went to another dentist, who found an open fistula with pus and found the fragment of a tooth. This dentist removed the broken piece of tooth and made some new dentures which were installed after allowing two' weeks for the jaw to heal. The new dentures fitted perfectly and the plaintiff’s health immediately began to improve. In this action which followed the court found, among other things, that the dentures made by the defendant were so unskilfully and improperly constructed that they did not and would not fit the plaintiff’s mouth; that the plaintiff could not use the same; that the defendant in extracting the plaintiff’s teeth performed said work so negligently, unskilfully and carelessly that he left a broken piece of tooth or root in the plaintiff’s gum or jaw, upon which he improperly and unskilfully fitted the dentures he had made; and that because of the defendant’s negligence and want of skill in these respects the plaintiff’s gum became sore and infected, causing him pain and suffering and injuring his health to such an extent that he was unable to carry on his occupation of farming. The court allowed the plaintiff $300 as damages for pain and suffering and injury to his health, and $253.80 as expense reasonably incurred by him in hiring help during the period he was unable to work as the result of the injury thus done to his health. From the judgment entered the defendant has appealed.