In a dental malpractice lawsuit that involved plaintiff Harry Berkowitz and defendant Dr. Dennis Miller (D.D.S), the plaintiff asked for compensatory damages from the doctor on charges of supervised neglect that has caused him periodontitis and he needed extensive restorative surgery.
Berkowitz has been a regular client of Dr. Miller since the 1990’s. He was always going for his regular dental checkups and had received proper treatment each time (dental cleanings, fillings, etc.).
In 2009 however, the doctor told him that he would need root canal therapy.
Then, he decided to check upon the dental problem with another doctor as well.
The second doctor who examined him told the patient that he is actually struggling with a severe periodontal disease that has badly affected all his upper teeth.
Berkowirtz then has been referred to a periodontist who extracted all his upper teeth (with the exception of two) and provided the patient with permanent bridges and dental implants instead.
Berkowitz states that his dentist, Dr.Miller with whom he had always respected the checkup appointments all these years, actually never asked for an x-ray examination in order to diagnose the periodontal disease that was silently progressing all this time.
The defendant in the case, Dr. Miller stated that over the years he has suggested his patient several treatment options. However, Berkowitz accepted only some parts of the treatments, claiming that a full dental care would be too expensive for him.
Moreover, the dentist also told that over these 20 years that Berkowitz has been his patient, he performed quite a few restorative dental work and general dental care (exams, dental x-rays, etc.).
The Berkowitz v Miller dental malpractice case has been eventually settled for the amount of $200,000.