Patient awarded $38,801 in dental malpractice claim

By Alan J. Belsky
on May 4, 2010

On April 15, 2010, a jury in Baltimore County awarded a Parkville manover$38,000.00 for injuries he sustained as a result of negligent dental care.The jury found that the dentist improperly designed and placed a number of crowns that resulted in an uneven bite and did nothing to repair his gum disease.

The jury deliberated more than 7 hours and during that time informed the judge they were unable to reach a verdict. Judge S. Ann Brobst gave them an "Allen charge", instructing the jurors to re-examine their views of the evidence. The verdict encompassed an award of $8,800 in past dental bills (1/2 of the actual bills), $30,000.00 for future care and only $1.00 for pain and suffering. The dentist's attorneys have filed a motion for a new trial, arguing the jury's verdict may not have been unanimous and represented a "compromise" on liability. The plaintiff's attorney said his client was both "vindicated and disappointed" in the verdict, as is will cost between $30,000 and $60,000 to repair the damage caused by the dentist.