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November 24, 1934


JAMA. 1934;103(21):1650. doi:10.1001/jama.1934.02750470072035

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Malpractice: Limitation of Actions; Concealment of Right of Action.—  In June 1929 the defendant-dentist extracted ten of the plaintiff's teeth and prepared a denture. About three months later the defendant, attributing the pain of which the plaintiff complained to the fit of the denture, filed a small portion of it, administered a drug to alleviate the pain, and replaced the denture. On three other occasions, at intervals of about three months, the plaintiff returned to the defendant with the same complaint and the defendant each time followed the procedure just noted. Finally, at the suggestion of the defendant, the plaintiff, in August 1930, consulted another dentist, who discovered that three broken roots were embedded in the plaintiff's jaw bone and removed them. The pain disappeared. In May 1931 the plaintiff sued the defendant-dentist for malpractice and obtained judgment. The dentist then appealed to the court of appeals of Louisiana, Orleans.

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