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Tag Archives: Dental Malpractice

Tort/Negligence – Dental Malpractice – Civil Practice – Rule 9(j) – Expert Witness – Expected to Qualify – Retired Dentist (access required)

Moore v. Proper A retired dentist filled in for other dentists for perhaps two and a half months during the year at issue and spent all of that professional time in clinical practice. Plaintiff could have reasonably expected the retired dentist to qualify as an expert in her malpractice case against another dentist.

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Two years and thousands of dollars later, dental woes persisted   (access required)

In January 2007, when Teresa Henson first checked in as a patient of dentist Robert Labusohr, she already had a mouthful of problems. Almost two years and $16,000 later, those problems had only multiplied. “This was a single mom who saved her money to go into this dentist’s office, to the tune of $16,000 and a hole in her mouth,” said her attorney Jodee Sparkman Larcade of Raleigh’s Larcade & Heiskell. After five days of trial in November, a jury awarded Henson $200,000 in damages on her dental malpractice claims.

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Tort/Negligence – Dental Malpractice – Civil Practice – Rules 9(j) & 702 – Expert Witness – Clinical Practice – 45 Percent (access required)

Wright v. Frye The time plaintiffs’ only designated expert spent in forensic dentistry was correctly included in the calculation of his “professional time.” Since the expert said he only spent 45 percent of his professional time in clinical dentistry, with the remainder in forensic dentistry and administrative work, the expert did not qualify as an expert witness. We affirm the trial court’s order granting defendant’s motion to strike Dr. Thomas David as plaintiffs’ expert witness and granting defendant’s motion to dismiss.

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Tort/Negligence – Dental Malpractice – Tooth Extraction — Civil Practice – Rule 9(j) Certification – Retired Dentist (access required)

Moore v. Proper Even though plaintiff’s witness is retired and only fills in for other dentists when needed, since he spends all of his professional time in the clinical practice of dentistry, plaintiff could have reasonably expected him to qualify as an expert witness under N.C. R. Evid. 702. Since plaintiff satisfied the remaining requirements of N.C. R. Civ. P. 9(j), the trial court should not have dismissed her claim for dental malpractice. Reversed.

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