Hillsborough County Dental Malpractice Case Voluntarily Dismissed with Prejudice

CSK Defense
Fort Lauderdale East Partner Scott LeVine

Case Summary
This dental malpractice case arose from treatment provided in Brandon, FL. The Plaintiff alleged that the Defendant dentist negligently extracted a specific tooth during a dental procedure. In the initial Notice of Intent to Initiate Litigation, the Plaintiff identified that specific tooth that was allegedly removed improperly. However, the medical records submitted with the notice demonstrated that the tooth remained present well after the alleged extraction date. The records also did not include the Defendant’s complete treatment notes.

Despite these inconsistencies, the Plaintiff submitted an expert affidavit repeating the same allegations. Months later, the Plaintiff served an Amended Notice of Intent, characterizing the original allegations as a “clerical error” and shifting the claim to a different tooth while also modifying the allegations concerning the originally identified tooth. No additional records were provided to the expert before the amended opinions were issued.

Defense Strategy
Mr. LeVine focused on challenging the adequacy of the Plaintiff’s pre-suit investigation, as required under Florida law in medical malpractice cases. The defense demonstrated that the initial Notice of Intent relied on allegations directly contradicted by the records provided and that the Plaintiff’s expert rendered opinions without reviewing the Defendant’s complete treatment records.

After suit was filed, the defense moved to dismiss the case and sought a determination regarding the reasonableness of the Plaintiff’s pre-suit investigation. During the expert’s deposition, the Plaintiff’s expert admitted that he never reviewed the Defendant’s records, unsuccessfully attempted to obtain them from Plaintiff’s counsel after asking for them, and nevertheless offered opinions regarding the standard of care. This testimony further undermined the Plaintiff’s claims and supported dismissal.

Outcome
Before the court ruled on the pending motions, the Plaintiff voluntarily dismissed the case with prejudice, bringing the litigation to a complete and final resolution. As a result, the Plaintiff is permanently barred from refiling the claims.

The outcome underscores the importance of conducting a thorough and timely pre-suit investigation—including review of all relevant records—before asserting malpractice allegations. It also demonstrates how a fact-driven defense strategy can efficiently resolve unsupported claims.