According to the Opinion, the Plaintiff sued her former dentist alleging malpractice and lack of informed consent related to the alleged negligent installation of contra indicated mini-implants that later had to be removed and replaced with conventional implants.
The Plaintiff alleged that the dentist falsely stated that the mini-implants and his dental treatments were “perfect” and “going smoothly.” Based on these allegations, the Plaintiff additionally asserted claims of fraudulent and negligent misrepresentation, as a result of which misrepresentations the Plaintiff was reportedly unable to discovery her injury or the dentist’s negligence until she consulted with and treated with a different dental practice.
The Defendant dentist filed a demurrer to the fraudulent and negligent misrepresentation causes of action on the basis that those claims were duplicative of the Plaintiff’s malpractice claims and informed consent claims and were also unsupported by claims of separate damages.
The court granted the demurrer and noted that the only consequence alleged by the Plaintiff relative to the dentist’s representation involved the Plaintiff’s inability to discovery that the implants had failed due to the dentist’s conduct until the Plaintiff sought and received treatment from another dental group. Accordingly, the court ruled that the Plaintiff’s fraudulent and negligent misrepresentation claims were dismissed as legally insufficient due to the absence of any resultant damages.
However, the court noted that the statements allegedly made by the dentist would remain relevant to the matter in terms of any statute of limitations determination under the discovery rule and the fraudulent concealment doctrine.
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Source of image: Photo by Enis Yavuz on www.unsplash.com.
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