October 6, 2025

LAS VEGAS, NV – Adam Garth, Managing Partner of Las Vegas hub, and Senior Associate Najum Anwar have secured a complete defense victory for a dental practice client, resulting in a zero-dollar award. The lawsuit was dismissed after the defense team successfully argued that the plaintiff's claims were procedurally deficient.

Overview of the Case

In a professional negligence case, a plaintiff sued multiple dental implant practices, alleging dissatisfaction with denture implants. The plaintiff, who paid $32,000 for the work, sought reimbursement and claimed an additional $50,000 for anticipated costs from another practice, bringing the total damages sought to $148,636 plus attorneys' fees and costs.

Key Difference-Makers

• Adam Garth – Managing Partner, Las Vegas
• Najum Anwar – Senior Associate, Las Vegas

Claims Made Against Our Client

The Plaintiff brought claims for breach of contract, unjust enrichment, and breach of implied covenant of good faith and fair dealing. The complaint alleged a valid and binding contract for dental services existed and that our clients performed "shoddy work," failed to complete it, and refused to reimburse the Plaintiff. He further contended that the dental practices breached the contract by "denying Plaintiff his expectations" and asserted they had breached the standard of care.

Defense Strategy

The defense team determined that the Plaintiff's claims were an attempt to reframe a professional negligence case as a breach of contract claim to avoid the expired statute of limitations and other procedural requirements. Adam Garth and Najum Anwar filed a motion to dismiss, systematically dismantling each cause of action and documenting how the case fell squarely within the definition of a professional negligence claim.

The defense's motion demonstrated that the law specifically prohibits transmogrifying a professional negligence case into a breach of contract claim to circumvent legal requirements. The team highlighted the Plaintiff’s failure to abide by multiple statutory obligations for professional negligence cases, including not providing a required declaration from a medical professional and bringing the suit after the statute of limitations had expired.

In opposing the defense's motion, the Plaintiff's counsel failed to address any of the legal authority cited by the firm. The Plaintiff's counsel also cited a case that had been overruled and attempted to amend the complaint without following the rules of civil procedure. The defense continued to assert that professional negligence cases lacking the requisite medical declaration must be dismissed without any opportunity to amend, and no facts were stated to support the claims as they were pleaded.

Impact on Final Outcome

The defense's approach successfully demonstrated the overwhelming legal and factual evidence against the Plaintiff. The systematic dismantling of every claim, coupled with the identification of the absence of any proper opposition, led to an immediate dismissal by the court. The complete dismissal resulted in a final award of $0, ensuring a decisive victory for our client.

Unique Aspects of the Case

The most unique aspect of this case was the Plaintiff's bald, conclusory allegations of contractual breaches, which violated legal tenets that forbid the maintenance of contractual claims for issues concerning the care and treatment of a patient by a healthcare provider. The Plaintiff’s counsel also failed to comply with the basic requirement of providing a proposed amendment while seeking to amend a pleading.

Predicting the Future

This win highlights QPWB's commitment to an aggressive defense that seeks the fastest and most cost-effective resolution for clients. It demonstrates that by relying on performance-driven litigation and a proactive approach, the firm can achieve favorable outcomes and continue to acquire and retain clients who value a long-sighted litigation strategy.

Key Actions in This Case

• Strategic Recharacterization: Determined Plaintiff’s claims were professional negligence, not breach of contract, to use statutory requirements as a defense
• Systematic Dismantling: Documented the law defining professional negligence and showed how each of the Plaintiff's claims fell squarely within that definition
• Procedural Challenge: Successfully moved to dismiss based on the Plaintiff's failure to provide a medical declaration and file within the statute of limitations

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 54 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.