DISCONTINUANCE AFTER JURY SELECTION
Our client, a general dentist, was sued by a patient who alleged malpractice in the performance of root canal therapy and placement of a crown. The patient alleged the treatment was poorly performed leading to pain for several years, decay, root canal re-treatment and replacement of the crown more than four years later. The patient also claimed the dentist assured them that the alleged ongoing pain was normal, something that was strenuously denied. From subsequent records, it was clear that the patient’s complaints throughout the years was unrelated to the treatment performed by our client, or the tooth at issue for that matter. Although we looked forward to exposing the multitude of inconsistencies in the patient’s records and testimony, as well as the quality of our client’s treatment at trial, following jury selection and favorable pre-trial rulings, James Modzelewski was able to have the case discontinued with prejudice.
