The cases below are a compilation of cases from the Virginia Supreme Court summarized by Brien Roche dealing with dental malpractice and the related topic of medical malpractice. Please be aware that Brien Roche does not currently handle dental malpractice suits.
See Va. Code § 54.1-2711 as to licensing of dentists.
1981 Allen v. Aetna Cas. & Sur. Co., 222 Va. 361, 281 S.E.2d 818.
Insurer’s alleged agreement to settle dental malpractice claim was held too vague and indefinite to be enforced. Agreement to make settlement, without more, is simply agreement to negotiate.
1979 Farley v. Goode, 219 Va. 969, 252 S.E.2d 594.
Dental malpractice case for failure to promptly diagnose periodontal disease. “Continuous treatment” rule discussed.
1974 Lugo v. Joy, 215 Va. 39, 205 S.E.2d 658.
Dental malpractice case wherein x-ray picture showing dental burr left in plaintiff’s jaw after oral surgery had been allegedly tampered with so that defendant could hide his negligence. Court properly ruled that no cross-examination of defendant, and no argument to jury as to who caused alleged cut in picture would be allowed, unless evidence could be presented that defendant was responsible.
1948 Corbett v. Clarke, 187 Va. 222, 46 S.E.2d 327.
Case deals with malpractice of different dentists.
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