Woman Sues For Dental Malpractice

$150,000 Verdict Michelle Faso sued her dentist for malpractice, claiming he extracted the wrong tooth and caused permanent nerve damage.

Faso, 27, was having minor pain from pericoronitis, an inflammation of the gum. Her primary dentist thought tooth number 31, a molar, needed to be extracted and referred her to Dr. Sidney Scorse of Joplin in November 2000.

Dr. Scorse instead decided to remove tooth number 32, a wisdom tooth, even though X-rays revealed it had roots extending into the inferior alveolar nerve canal. The extraction resulted in permanent nerve injury, numbness and parasthesia of the right lower jaw and the right side of the tongue.

In her lawsuit Faso claimed that Dr. Scorse failed to properly diagnose the cause of the pericoronitis, removed the wisdom tooth unnecessarily and failed to get her consent before removing it.

After a two-day trial, the jury returned a verdict of $150,000 — $1,000 for past medical expense, $9,000 for past non-economic damages and $140,000 for future non-economic damages.

Type of Action: Dental malpractice

Type of Injuries: Nerve injury and parasthesia to lower right jaw

Court/Case No./Date: Jasper County Circuit Court/02CV683398/Jan. 21, 2004

Caption: Faso v. Scorse

Judge, Jury or ADR: Jury

Name of Judge: Jon Dermott

Special Damages: $1,000 past medical expense

Verdict or Settlement: $150,000 verdict

Allocation of Fault: 100 percent to defendant

Last Offer: $75,000

Last Demand: $150,000

Attorneys for Plaintiff: Scott Vorhees and Roger Johnson, Little, Little, Gallagher & Johnson, Joplin

Insurance Carrier: Intermed Insurance Co.

Plaintiff's Expert: Scott Goldstein, Anderson (dentist)

Defendant's Experts: None