The Cochran Firm Legal Blog

In Washington state last week the state Supreme Court made a ruling on a medical malpractice case involving a dentist. One Mystie Michael had been to see dentist Dr. Betsy Mosquera-Lacy for dental work involving a bone graft. She requested that the dentist not use any cow bone, but only human bone for the graft. This was not for any health reasons, but just because she “could not fathom the thought of having animal parts in her body”, according to the court.

The dentist complied, beginning the procedure with human bone. But the graft required more human tissue than she had on hand, which led her to complete the graft using cow bone.

Some time later, Michael was admitted to hospital for a drug allergy unrelated to her dental work. At that time it was discovered that cow bone had been used in her graft.

She sued Mosquera-Lacy and her dental practice for medical battery, negligence and violations of the Consumer Protection Act. However, the Consumer Protection claims were thrown out of court. She settled the other claims with the dentist and then appealed on the Consumer Protection claims.

However, the Washington state Supreme Court ruled last week that Michael cannot bring those claims under the Consumer Protection Act because her case does not meet that law’s standards for unfair business practices.

• Cow bone is a standard graft material in dentistry
• The dentist was not in the business of selling cow or human bone and not advertising their use in her grafting techniques. She was simply practicing medicine and treating Michael.

So Michael’s case was dismissed.

Medical Malpractice Cases Typically Complex

Medical Malpractice can take a myriad forms and surgical mistakes are one form. In this case the court decided that no surgical mistakes were made and although Michael was unhappy with her dental graft, she did not have any further legal recourse.

All medical malpractice cases can be complex and long-drawn-out. Medical documents must be examined by experts before a case is taken on, to determine its validity. Insurance companies have teams of lawyers on retainer, available for any insurance defense to fight medical malpractice cases.

If you are wondering whether you have a valid medical malpractice claim, please do not try to make that determination on your own. You need an experienced attorney with access to medical experts and knowledge of the specifically relevant laws. We will be happy to give you a free case evaluation if you call or send an email to our personal injury law firm.