PATIENT FAILED TO SHOW DEVIATION FROM “ACCEPTED DENTAL PROCEDURES”
After the New York County Small Claims Part granted a dentist an award of $3,357 against his former patient (for services provided), the latter appealed.
In its decision, the Appellate Term, First Department, noted that in small claims cases, its review is limited to whether or not the court below had engaged in “a fair interpretation of the evidence and achieved substantial justice consistent with substantive law principles.”
Crediting the dentist’s testimony that the dental procedures were “satisfactorily performed,” and that one of the defendant’s implants had already been damaged prior to services being rendered, and given that the patient failed to show via “competent evidence” that the doctor deviated from “accepted dental procedures in treating the broken implant,” the AT1 left the outcome undisturbed.
Think she needed to implant a better argument?
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DECISION