HUBBARD v. KAMEN


29 A.D.3d 339 (2006)

814 N.Y.S.2d 158

JOHN HUBBARD, Respondent, v. JONATHAN KAMEN, D.D.S., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 4, 2006.


The verdict is supported by legally sufficient evidence of malpractice, namely, that when a patient complains of severe pain while being given a mandibular block anesthetic, a failure to withdraw the needle is a departure from accepted practice that can traumatize the mandibular nerve and cause permanent paresthesia. Defendant's expert's conflicting opinion, that when the patient feels an electric shock type sensation the needle should be redirected but not withdrawn, does...

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