In Amodio v. Wolpert , Kimberly Amodio sought Dr. Fred Wolpert's care for a toothache. After an examination, Wolpert determined that Amodio needed a root canal, began the procedure, but didn't complete the treatment until almost three weeks later. When Amodio reported pain and numbness in the lower portion of her face, the nerve damage was determined to be permanent in nature.
After Amodio filed suit for dental malpractice -- claiming negligent treatment and lack of informed consent -- the Saratoga County Supreme Court dismissed her case and, on appeal, the Appellate Division, Third Department, affirmed.
Dr. Wolpert established that he didn't deviate from standard root canal practice during Amodio's procedure. In addition to detailing his treatment of Amodio -- including her X-rays, the technique he used, and his "consultation with an oral surgeon" -- he concluded Amodio's nerve damage was due to "an infection or possibly the injection of the anesthesia."
While Amodio's dental expert asserted that Wolpert "deviated from accepted standards of care," the analysis was "generalized" and "conclusory" and thus was insufficient to overcome Wolpert's affidavit. As for the purported absence of informed consent, since Amodio's unfamiliarity with the "risks of root canal therapy" wasn't the cause of her injuries, her claims were perceived as totally toothless.
To download a copy of the Appellate Division's decision, please use this link: Amodio v. Wolpert