Posted November 05, 2018 08:18:16 A family dentist and dental assistant in the Philadelphia suburb of Newark, Maryland, got a $1.9 million settlement after a jury found them liable for a botched operation.
The trial heard that Dr. Joseph DellaFave was performing cosmetic and dental work when he made an incorrect diagnosis of a tooth decay and attempted to flush it down the toilet, leading to the tooth becoming contaminated with the deadly bacteria.
The dentist and assistant, who both work in the dental offices, were found liable by a jury after the patient’s family sued them in 2015.
They were found to have performed the procedure with improper knowledge and supervision.
DellaFaves attorney, Thomas Bynum, said his client has never been in the position he was in.
He said the family had asked for $150,000 in damages, and he believes DellaFs actions are a result of the negligence.
Bynum said the dentist’s actions were not malicious.
He said he did not want to put pressure on DellaFalces legal team, but said he felt the family’s request for $1 million was fair.
“The jury came back with a verdict,” Bynus said.
“I believe the family is satisfied with the verdict.
We feel they got a fair deal.”
DellaFalcs lawyers argued that the dentist failed to take proper steps to keep the tooth clean, as he had previously told them.
They also said the office was negligent for not providing proper equipment and for failing to properly disinfect the office before and after the procedure.
Dellas attorneys also said that while the dentist and the assistant did their best to ensure the patient was receiving the care she needed, the dentist did not take proper precautions, including not keeping a proper disinfectant container in his office.
Byrne County Prosecutor Thomas P. Zamproff said the case was a classic example of a botched procedure and that it shows the dangers of a single-minded focus on the profit of dentists.
He added that dentists have a duty to the public to be as good as possible in every way possible.