Congratulations to Afaf “Faye” Sulieman on her appellate win upholding summary judgment in a dental malpractice action filed in NY Supreme Court!
Details:
Kiernan Trebach’s operating dentist client and the corporate dental practice were sued for dental malpractice by a patient who had undergone multiple root canals. Plaintiff alleged liability under both the foreign object rule exception and fraudulent concealment causes of action, both of which extend the dental malpractice statute of limitations. Plaintiff alleged that the operating dentist negligently overfilled the root canals, causing dental material to be deposited into her sinuses requiring surgical removal, and further alleged fraudulent concealment by the operating dentist.
In a later effort to extend the statute of limitations, Plaintiff raised a new allegation that metal filings had been left in the root of her teeth which were only recently discovered.
The Supreme Court, Washington County, granted summary judgment in favor of both defendants based on the statute of limitations, notwithstanding plaintiff’s arguments that the extended reporting period for discovery of foreign objects under the foreign object rule and fraudulent concealment allegations were applicable.
On appeal, New York’s Appellate Division, Third Department, rejected all of Plaintiffs’ arguments and found that Plaintiff knew or had discovered facts that would reasonably lead to the discovery of foreign material, whether dental material in the sinuses as originally alleged or in metal filings allegedly present in her tooth as later claimed, and that she failed to timely commence her lawsuit – even when applying the foreign object exception.
Great work Faye!
