The URL can be used to link to this page

Home My WebLink About97-04896 I, "I '1, I n I Ii I I I' I I ,I ,I)f I " , E"I I ., , d" , I' 'I' , I " " " , " "I I\I"I~ . t'lf! );',- ,,!<i ;"Ii ,"It' V~ l'j';'r/ I li~ ::"{~ ',i~ "l~ i "::;1' , ,I I" I ~~ ;"i~ :;~ , .i:;~~dl , I,.I~ '1i.1., I.,: "(':,." 'I I I I, " " J\ ", .~ I ,I 'I I , , , I,i 'I I , , I I II " I I I !I 1,-, I I I L , 'I, ", 'I I, " I I' " , ' .. '" '" ~ <:J 'j'-' , I ,I r," " l'i i I ~ I , I, ., I ., I I I , I I I I I, I t'i , " I , " ,10 I' " " d '/1 \ I' I I II, " I' 'I' " , I, " ~ ~ ...( \l Cj I,d' ,t', , , , , I .' \ , , , , , , " I I , I I, I " 'I , I I I 'I, ," I , I I , , 'I " " !:' " " ( \. ~ I , " , I " =" ", ~ . ~ ~ , " I L,I '! '" , ,i , " , " , ,I ,I!' I', , '1 , ~ ';r{ "';.'l' !,~} 1 " , I ',',,' J , :;~'.!11 ,~ ,':I , !/~ "I~ ..' , \ " , '~' ',I '\" , ,~J 'Ili~ '~. , ';:f~ ..~ "\-1 ,,;~ r~ i;<:l ,'( 't (' 'I , I I, ,', , " ql i I' 1 ,I , , .,1 , " " , , ,/1 ,'\ I, ,." .. " '" " I ,I I I , I :', ,,1' , ,," I , ;', , '" I , I', I , , , , ., , , I ", ,,', " , ') " I , " " " 'l'.'i' , I, ',I " " , , I Ii, ", I' " " " _1'\ I,M .-:l J" ,'( ., i'l " I' I' " 'i! , ,I ,1"'1 ,,,, ",', ',I , " ! : ~ ,) ij,' .\' r~ El. ';"1 'h" , ,\:.gA ,:I~ "..'i~ !,',M _:,ff! '11', ", 'I \J I' OJ, , 6. As a result of the wrongfully extracted tooth, Plaintiff was caused injury to her teeth, bones, muscles, nerves and fascia, and other body parts and systems, which may continuing. 7. As a result of her injuries, Plaintiff suffered pain and suffering, mental anguish and distress, and incurred bills for medical care, treatment, rehabilitation and dental restoration, which may be continuing. 8, As a further result of her injuries, Plaintiff was preve.nted from attending 10 daily activities, and has lost life's pleasures and diminution of function, which may be continuing. 9. Plaintiff's injuries and damages aforesaid are caused by the negligence of Defendant, including: A. Removing tooth #10, which was not in need of and should not have been extracted; B. Failing to properly and adequately visualize the proper tooth for extraction; C. Failing to perform appropriate tests and examinations to identify the proper tooth for extraction; D. Failing to review x-rays in conjunction with the procedure so as to identify the proper looth for extraction; E. Failing to adequately examine Plaintiff prior to and during surgery so as to extract the proper tooth, 10. Defendant's negligence caused and/or increased the risk of causine Plainliff to suffer Ihe injuries and damages aforesaid. WHEREFORE, Plaintiff demands Judgment against Defendant in an amount not in excess of $25,000.00, exclusive of interest coslS and delay damages. MORGAN & MORGAN, P.C. ., By an, Esquire aantiff, Kathleen Gehres DATED: 11 ?J!,., .. , !',"I ')1 " , I 1 . . . ; I I \ .. . . " , . ',. , , ,........ ,I ..~- .." " ,M...._. '-".. .......... " ,I ill " " " " :>- \.t) r,:: 0; '('i , " r~il I.. ". "-, , C) .... "J ~'5: ,'. , ",'" ,,I ~- (" "'" J. ~ . w.. ..J;:../" , , ~i ,r " ("1 1-,', I ,J,2; JI" t.., ';';,i;\j ET- Ij .....:,.. 1.1'_1 h)i;\- .. I ~ r-r: ); II. f""' d 0 en , , 1\1 , , " 8. Denied, 9(a-e) Denied, To the contrary, the within Dofendant acted reasonably and with due care at all times, The within Defendant planned to extract tooth #9, which he did and also extracted tooth #10, which was immediately replanted and stabilized suffering no permanent damage or ill affect. By way of further answer, tooth #10, was not healthy and had already had a root canal and would not have had a normal life span, 10, Denied, WHEREFORE, Defendant, Dr. William Currie, respectfully requests judgement in his favor and against the Plaintiff, Kathleen Gehres, on the cause of action alleged, together with such other relief as the Court deems appropriate, NEW MA TTER DEMURRER 11. By way of New Matter and in defense of the above-captioned matter, the within Defendant demurs to Plaintiffs Complaint and requests that the same be dismissed for failing to state a claim upon which relief can be granted, LACK OF NEGLIGENCE 12, By way of New Matter and in defense of the above-captioned matter, the within Defendant avers that there was no negligence on his part or in the alternative, in the event it is judicially determined that there was negligence on the part of the within defendant, same was not a proximate cause or a substantial factor of any Injury alleged by Plaintiff, APPROPRIA TE MEDICAL STANDARD 13. By way of New Matter and in defense of the above-captioned matter, the within Defendant avers that he acted within the standard of care of a dentist similarly situated, ASSUMPTION OF RISK 14. By way of New Matter and in defense of the above-captioned matter, the within Defendant avers that Plaintiff's claims are limited and/or barred because Plaintiff knowingly consented to the dental treatments provided by the within Defendant and all normal and acceptable risks of such dental procedures were fully explained to the plaintiff prior to rendering any such dental care, HEAL TH CARE SERVICES MALPRACTICE ACT 15, By way of New Matter and in defense of the above-captioned matter, the within Defendant herewith incorporates by reference all applicable defenses provided under the Health Care Services Malpractice Act, 40 P,S, Section 1301,101, et seq, as fully as though same were herein set forth at length, CAUSA TION 16. By way of New Matter and in defense of the above-captioned matter, the within Defendant avers that if Plaintiff sustained any injury, same was not due or caused by any act or failure to act on the part of the within Defendant, but rather was caused by Plaintiffs own conduct In failing to follow dental advice and/or said problems were pre-existing and/or caused by other Individuals and not the within Defendant. In addition, the within Defendant avers that Plaintiffs tooth #10 was unhealthy and had undergone a previous root canal and would not have had a normal life span, CONTRIBUTORY NEGLIGENCE 17, By way of New Matter and in defense of the above-captioned matter, the within Defendant avers that Plaintiff's claims are limited and/or barred by her contributory negligence in that ~;he failed to follow appropriate dental advice at all times relevant hereto, thereby contributing to and/or causing some, if not all, of the conditions complained of by the Plaintiff, MITIGA T/ON The within Defendant, Dr, Willaim Currie, alleges that Plaintiff suffered no permanent damages in that Plaintiff was compensated for the extra expense associated with the additional bridge work to include tooth #10, WHEREFORE, the within Defendant, Dr, William Currie, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff, Kathleen Gehres, on the cause of action alleged, together with such other relief as the Court deems appropriate, .... U"l ~,.* h~ f" ~: to' i .. , !t!\ ~' , c.. (I.:, ~ f"J " I , r,:.... " , , , , , -. . (:. ., )1 t ,,~. G'I () \, , .. " , , " '.' I' , '1' if , " , , 1" ,. YEBJPICATION Scon W. Morgan. Esquire states that he is counsel of record for Plaintiff in the within action, is authorized to take this Verification on her behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge. Information and belief. He understands .hat the statements In said pleading are made subject to the penalties of 18 Pa. C.S.A. 14904. relating to unsworn falsification to authorities. S~~~ire , " 'I , , ... ," I, i~ (0 '- c.; F-; I "'~i ' ~."': " .,. , I .' , , ~ ' '. , "',., .. (. " CI., .. , J; .~ (:11 (':" II~) '~ ....i.~ll I 1 ':;):', l..' i[iJ l):;1 ." I }u.., I CJ ." , , I, 11"'- :.:J C: 0'" U , ' " " " " ,,' , I I,' ~~ '~ ~ I " , I : , , 1,1 01.1 , , I 1 ,J ~ \.,' , C'") 'I r : , ~ I , , l~_ I - , . ~ , ' ' I I".. ~ 0 , , '. , , , , " '" , , ," . I , , I' " " J ",. CO j:; a.; ..;1 .> , 1)1, f;' ,~ , , ., ril)' , t-,':' ,,'( 11)\.. : , I . ~ >: , '.~\;" ,> L': ' I. :'} , ::1 , I i , (J, '''~l I j/) ,I, hi I '}'Y '; ..~~ l~_l C " !j!:J ilL. f..!.}(J., f :1: '':'i< " g~ ':; u U " ',' I . " ~~ -' 0-1 ....... () .... f~ ... '''I (.: ;'"': C";, i' " 1,;'0) ....). r UJ' , )"/. ( .~ : , ) ~ :;,. , 0\. ',. ("J' . "{ , (J, " I .::: I " .' I. . !; , , .... !\\} <. . ;;l.1- I c: .. ", C'; :,:1 t,...;; -OJ' 0 '1 4 R G: ",.,. k': 11_,r', ,,'-/oy' f;':; , I~i~)/ .":~ " /! (U (, " , , <:tl '"" ).... t:;: '. ~)- /..\"....... ;'.' ", ''':- ,~ i~..-: ~. '7, .." :>~. ',-,.; '.:\.., ':"') , . : (', :.: C,"I C~ . ~. /(i.7 :.'J..l.. -'j ("..;; .. , , ,L " " " " 'I, , , 'I , ,r; , , " I " , " ,L, , , " " ~,~ 0\ G ,": ....; , .. :::'j ~1" I , - I..) ~; , J rr.: ' j ~',-s " . .. '~t: ':J... ,:')j~ , " , C:l t J 'i ~ ' I .,. '-JI:U .' " :J,,- C, j , 0' .. , , ,,n " , "