Alvarado v. Miles

Because I believe that the conflicting expert testimony in this dental malpractice case raises triable issues of fact as to whether defendant departed from the prevailing standard of care and, if so, whether such departure was a proximate cause of plaintiff’s injuries, I respectfully dissent and would affirm the denial of defendant’s motion for summary judgment.

On July 10, 2002, plaintiff had three wisdom teeth extracted by defendant Miles, an oral surgeon. After the procedure, plaintiff was given a postoperative instruction sheet which described the recovery process, including the potential…