22 May, 2024

QPWB Associate Anwar Shines Light On Overzealous Negligence Claims, Protecting Dentist In Dismissal


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Las Vegas-Hub Associate, Najum Anwar, and Managing Partner, Adam Garth meticulously evaluated the complaint and identified all claims as stemming from professional negligence, then demonstrated that the plaintiff's medical declaration failed to meet statutory requirements by relying solely on the plaintiff's complaint to the dental board, leading to the case's dismissal at the pleadings stage. 

Overview of the Case

  • Represented a dentist involved in a cosmetic dental procedure performed by a colleague.
  • Plaintiff's dental expert relied solely on a complaint to the dental board, without reviewing dental or medical records.
  • Demonstrated to the court that the plaintiff failed to comply with statutory requirements for filing a proper declaration or affidavit of a dental professional.
  • Court dismissed the case at the pleadings stage due to the plaintiff's failure to follow statutory obligations.

Key Difference-Makers

  • Najum Anwar led the motion to dismiss, holding opposing counsel accountable for a deficient dental expert affidavit, resulting in dismissal at the pleadings stage.
  • Adam Garth meticulously reviewed the plaintiff's filings, identified statutory non-compliance, and drafted the comprehensive legal brief that dismantled the plaintiff's claims, ensuring a decisive victory for our client.

Claims Made Against Our Client

  • Plaintiff alleged dental malpractice and additional claims: Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Unjust Enrichment, Consumer Fraud, Negligence in Marketing, Breach of Warranty, and Strict Products Liability.
  • Plaintiff claimed deception by the defendants regarding who would perform her dental work.
  • Plaintiff's specific complaint against our client was that the temporary implants were "unsightly and ill-fitting" and not consented to.
  • Demonstrated that all claims were based on professional negligence and could not be independently maintained.

Defensive Strategy

  • Evaluated the complaint to show all allegations stemmed from professional negligence, preventing separate maintenance of duplicative claims.
  • Determined the plaintiff's medical declaration was based on a personal complaint, not on a review of records, contravening statutory requirements.
  • Engaged in extensive motion practice, demonstrating each cause of action was grounded in professional negligence.
  • The plaintiff's failure to comply with statutory obligations resulted in the dismissal of the case and precluded refiling due to the statute of limitations.

Impact on Final Outcome

  • Employed a step-by-step approach to identify factual insufficiencies in the complaint.
  • Demonstrated the defective support of the professional negligence case, leading to dismissal.
  • Provided a strong legal brief dismantling the plaintiff's case.

Predicting the Future

  • This victory exemplifies the importance of early case assessment and an aggressive strategy.
  • The firm is recognized as a leader in handling complex legal issues, requiring significant motion practice and legal analysis.
  • The firm will continue to push the envelope and vindicate clients' rights, supported by the trust of carriers.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

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