Jun 25th, 2015

FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer


FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer. Plaintiff alleged that she had a suspicious lesion in her mouth for approximately six months and that the defendant failed to biopsy the lesion. Plaintiff alleged that the failure to biopsy and diagnose the lesion, allowed it to progress to Stage III cancer. Plaintiff claimed that as a result in the delay in diagnosis, she was required to undergo extensive surgery and radiation, resulting in facial disfigurement. The plaintiff’s pre-trial demand was $900,000.

Over the course of a two week trial, Mr. Kornfeld and Ms. Katz cross-examined numerous witnesses including four experts called by the plaintiff, in the specialties of oral surgery, oral pathology, oncology and head and neck surgery. The defense was able to establish that within three weeks of recognizing the oral lesion, the client-dentist appropriately referred the plaintiff to a specialist in oral pathology for work-up, diagnosis and treatment of the lesion. The plaintiff claimed that the lesion had been present and painful for months. The defense argued that our client-dentist properly evaluated the plaintiff, timely and promptly referred her to an oral pathologist for evaluation and treatment and properly followed up with the plaintiff to ensure that she was being treated by the oral pathologist. The jury returned a defense verdict on behalf of our client, finding that his treatment of the plaintiff was in accordance with the standard of care.