In Cava v. Fox , Michael Cava sued Dr. Jeffrey Fox for dental malpractice, claiming the bridgework in his mouth loosened shortly after it was installed by Fox and another dentist had to replace the bridgework and fill a cavity allegedly brought about by Fox's bad drilling.
Cava wanted his money back and sought to recover the funds paid to the second dentist for the reparative work. Fox claimed that Cava wasn't charged for the services he performed and denied that his treatment triggered the subsequent work.
After the Suffolk County District Court, Sixth District, dismissed his case, Cava appealed to the Appellate Term, Second Department.
Since Cava failed to produce expert testimony establishing a deviation from the "requisite standard of dental practice" during his treatment, Fox couldn't be found responsible for dental malpractice.
Fox's assurances the bridgework would remain in place permanently, "without more," also didn't trigger liability under a breach of contract theory.
There's no water under that bridge!
To download a copy of the Appellate Term's decision, please use the link: Cava v. Fox