Myers

Myers v. Ross

Good Law
1963 Cal. App. LEXIS 2066·216 Cal. App. 2d 645·31 Cal. Rptr. 110
Court of Appeal of CaliforniaMay 27, 1963Civ. 26622California2,732 words

Opinion

Opinion

Fox, J.

Plaintiff brought this action to recover damages for alleged dental malpractice. She claims that in the course of defendant's dental work, he severed the nerve serving the left portion of her lower lip, causing numbness thereof. The court directed a verdict for defendant. Plaintiff has appealed from the ensuing judgment.

Viewing the evidence in the light most favorable to the plaintiff since this was a directed verdict, these are the essential facts :

In December 1958 plaintiff was having trouble with her upper denture. It was loose and “kept dropping down.” She wanted an upper plate that would fit better. She (and her husband) went to Dr. Ross for an examination of her mouth “to see if he could make a better set of uppers.” After his examination, the doctor indicated he could do the job. Plaintiff was not having any pain or discomfort with her “lowers.” She had no trouble at all with her lower gum area. On a later occasion defendant told plaintiff that he would have to perform an alveolectomy on her lower gums in order to get ‘ a flatter bite. ’ ’

During the initial surgery (the alveolectomy) on February 28, 1959, the doctor split her lower gums clear across from one molar to…

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