Because she was suffering from an excruciating toothache, Donna Przespo sought the help of dentist Michael Garvey. After diagnosing an infection, Garvey extracted a couple of teeth. But since that didn't alleviate the pain, the doctor extracted yet another pair--which ended the lady's torment.
Claiming the initial procedure was unnecessary, Donna sued Garvey for dental malpractice and lack of informed consent.
Since the consent form couldn't be found, and the parties were in disagreement as to the first procedure's need, the Erie County Supreme Court directed that the case proceed to trial.
Will she extract anything here?
To view a copy of the Supreme Court's's decision, please use this link: Przespo v. Garvey