Adonaid Medina secured an affirmance before the Appellate Division, Second Department, of a dismissal of all claims of dental malpractice arising from an alleged failure to diagnose squamous cell carcinoma.

The plaintiff alleged that our dentist client failed to appreciate the signs and symptoms of squamous cell carcinoma during a period of a year and a half of treatment. It was alleged that the patient had symptoms that should have triggered further testing or a referral to a specialist. We submitted an affirmation from an expert who demonstrated that the defendant dentist did, in fact, perform cancer screenings during the period of treatment, and that any signs or symptoms of any potential underlying condition were properly investigated and followed. It was also demonstrated that the condition at issue did not develop until nearly two years after the last date of treatment, thereby negating causation. The Appellate Division agreed that summary judgment was appropriate, finding that the defense expert eliminated all triable issues of fact and that the plaintiff’s opposition was conclusory and speculative and failed to address the specific assertions made by our dental expert.

The Court therefore affirmed the dismissal of all claims against our client.