Fiorucci v. ChinnAnnotate this Case
Plaintiff filed a medical malpractice action against Defendant, an oral maxillofacial surgeon, after Defendant’s thwarted attempted to extract three of Plaintiff’s wisdom teeth resulted in permanent numbness in Plaintiff’s lower left jaw area. Plaintiff contended that Defendant was negligent in failing to properly diagnose the condition of his wisdom teeth and in recommending and performing the teeth extractions. The jury rendered a verdict for Plaintiff. Defendant appealed, arguing that the circuit court erred in excluding evidence of the risk of surgery discussions between him and Plaintiff. The Supreme Court affirmed, holding that the circuit court did not err in excluding from evidence Defendant’s risk of surgery discussions with Plaintiff.