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Jury awards $2 million for lost teeth

Desta Bishu | August 19th, 2009 at 2:07 pm | | Print This Post

Woman sued Florence clinic over 13 extractions.

A 28-year-old Sumter woman who claimed a famed Florence dental clinic extracted 13 of her upper teeth by mistake has won a $2 million jury verdict.

The jury returned its verdict against Sexton Dental Clinic and for plaintiff Elizabeth Smith late last week after a four-day trial in state circuit court in Florence, according to judgment papers filed in Florence.

Malpractice lawsuits against dentists are infrequent, and large verdicts in such cases are rare.

The award consisted of $500,000 in actual damages and $1.5 million in punitive damages. The jury ordered Sexton Dental Clinic to pay most of the damages, and one of its dentists, Robert Scott, the rest.

“The jury made a statement on behalf of the Florence community that the things they heard about at trial were not going to be tolerated,” said Robert Ransom of Columbia, one of Smith’s lawyers.

Ransom said Smith — who is still missing her 16 upper teeth, can’t eat normally and sometimes hides her mouth when she talks to people — plans to have restorative surgery as early as possible.

Sexton Dental Clinic President and CEO Ruan Westraad declined comment, saying the clinic’s lawyers were deliberating what course of action to take.

But he did say the clinic, which serves tens of thousands of patients a year and has been in operation since 1923, sets a high standard of care and offers good service to many people, often from out of state.

“We are a consumer-driven business. If we weren’t doing a good job, and if we weren’t taking care of people, we wouldn’t stay in business,” Westraad said.

Florence attorney Saunders Bridges, who represented Sexton and Scott, said through a spokeswoman, “We are still considering options for appeal.”

The jury took about eight hours over two days to decide on a verdict, Ransom said. Judge Michael Nettles presided.

In 2006, Smith went to the Sexton Dental Clinic, where she agreed to have three teeth pulled and a partial upper denture installed as treatment for a chipped upper tooth, her suit said.

But the dentist who did the procedure took out 16 upper teeth (including the three she wanted taken out) — all she had on top, her suit alleged.

A human mouth has 32 permanent teeth — 16 on top and 16 on the bottom.

Evidence at trial contended the clinic personnel covered up its mistake by entering misleading information on her dental charts. The clinic denied such actions.

Smith presented more than 10 witnesses, including an expert who testified that to fix her teeth with implants would cost some $80,000.

Another expert, a former records specialist with the State Law Enforcement Division, testified in support of Smith’s contention that clinic documents were not accurate.

Sexton Dental Clinic operates out of a two-story, white 24,000-square-foot clinic in downtown Florence. It has six full-time dentists, several part-time dentists and some 75 support staff.

It is most widely known for pulling teeth and replacing them with dentures, but Westraad said almost one-half the clinic is devoted to restoration — including crowns and bridges and fillings.

Ransom said Smith is relieved at the verdict.

“She now sees there’s a window of opportunity to get her teeth fixed and move on with her life and, in her words from the witness stand, ‘get back to being what she was’ before this all happened.”

Sexton Dental Clinic prides itself on offering quality dental care at low cost.

“You simply won’t find better prices than at Sexton Dental Clinic,” its Internet site says.

The late C.L. Sexton, who founded the clinic, was trying to bring low-cost dental care to poor people who couldn’t otherwise afford care.

By JOHN MONK | thestate

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