$2.75 Million Michigan Dental Malpractice Verdict: After a three-day trial and ninety minutes of jury deliberations, a Michigan dental malpractice jury returned its verdict in favor of the plaintiff in mid-April 2022. The jury awarded $1.375 million for past pain and suffering and related damages, including the loss or impairment related to difficulty chewing and numbness of the mouth; $1.307 million for future pain and suffering and related damages; and, $68,000 in damages for medical expenses.
The 32-year-old plaintiff started receiving dental care from defendants Dr. Jeffrey Osguthorpe and Summit Oral and Maxillofacial Surgery, P.C. in December 2017 regarding his wisdom teeth. X-ray imaging was done, and a radiolucency was noted, which led to a CT scan without contrast of the plaintiff’s jaw in February 2018. The CT revealed a slightly lobulated apparent soft tissue density mass.
According to the plaintiff, Osguthorpe did not order further imaging despite statements from the radiologist in the CT scan report that the imaging study was not sufficiently detailed and/or defined and that MRI studies with contrast were recommended. Osguthorpe removed one of the plaintiff’s wisdom teeth in April 2018 and scheduled an incisional biopsy for the soft tissue mass four days later, to which the plaintiff consented. The plaintiff alleged that Osguthorpe performed an excisional biopsy instead, to which he did not consent, during which Osguthorpe attempted to remove the soft tissue mass. The plaintiff’s Michigan dental malpractice lawsuit alleged that Osguthorpe deviated from the agreed-upon procedure without his consent; failed to properly perform adequate testing, such as an MRI or angiogram, prior to removing the mass; and, failed to properly diagnose the soft tissue mass (a vascular malformation) before attempting to remove it.
The plaintiff further alleged that Osguthorpe misdiagnosed his condition; failed to defer surgery until adequate testing and diagnosis were performed; failed to schedule the surgery for a hospital location; and, failed to use a method for the biopsy that was limited in invasiveness. Plaintiff alleged in his Michigan dental malpractice lawsuit that Osguthorpe tried to remove the entire mass during which he encountered bleeding despite the fact that removal of the entire soft issue mass was not required for biopsy and despite having removed multiple portions without causing injury.
As a result, the plaintiff sustained injury to his left lingual artery, arterial bleeding, substantial loss of blood, as well as other injuries. The plaintiff underwent emergency hospitalization at Henry Ford Macomb Hospital on the day of the procedure prior to being airlifted to Henry Ford Hospital in Detroit for a “massive hemorrhage” in his mouth that required life-saving emergency embolization surgery to stop the bleeding.
If you or a loved one may have been injured (or worse) as a result of dental malpractice in Michigan or in another U.S. state, you should promptly find a Michigan medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your dental malpractice claim for you and represent you or your loved one in a dental malpractice case, if appropriate.
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