Faith v. Erhart

WOOD (W. J.), J.

This is an action against a dentist in which malpractice is charged. Plaintiff has appealed from a judgment entered against her after the trial court sustained without leave to amend defendant’s demurrer to the first amended complaint.

It is alleged in the amended complaint that on August 15, 1930, at plaintiff’s request defendant undertook to render dental care and treatment for her and in the course of the treatment extracted approximately twenty-six teeth. It is further alleged “that defendant so negligently performed said extractions and thereafter treated plaintiff therefor as to cause the roots or portions thereof of six of said extracted teeth to break and remain imbedded in plaintiff’s jaw and gums. . . . That defendant so treated plaintiff for a period of four months and immediately prior to discharging plaintiff, defendant, with full knowledge that said roots had broken and remained imbedded in the jaw, which condition in the exercise of due care required further dental care and and with the intent to conceal from plaintiff all the facts and circumstances concerning said negligent treatment and results thereof, did falsely state and represent to plaintiff that the extractions were complete and that no further dental care and treatment were necessary because of the extractions. That plaintiff believed said representations to be true and relying upon the same, did not seek further medical or dental care or treatment therefor until the times hereinafter set forth. That plaintiff first learned the falsity of said on the 15th day of February, 1941, at which time X-ray films taken on said day revealed the presence of said broken roots and portions thereof, all in a highly infected state; that for approximately four years prior to said discovery, plaintiff

[230]

suffered serious ill and generally run-down health; that plaintiff consulted and was examined by many physicians for her condition of poor health; that it was not discovered and plaintiff was not apprised that said condition of health was caused by and was due to the negligent extractions and discharge from further treatment as aforesaid until the taking of said X-rays on the 15th day of February, 1941. That by reason of said negligence of defendants, plaintiff suffered ill health, pain and suffering and was subjected to an operation to remove said broken roots. ’ ’