Daley v. Talley

Headnote

Negligence — malpractice — dentists — action to recover for improper dental treatment.

Daley v. Talley, 214 App. Div. 755 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5, 1925, affirming a judgment in favor of plaintiff entered upon a verdict. The action was for malpractice. The complaint alleged that plaintiff employed the defendant, as a dentist, to extract a certain tooth and the defendant undertook, as such dentist, to extract such tooth with the necessary and proper skill in extracting the same and thereafter caring for the plaintiff’s mouth and jaw; that thereupon the defendant extracted said tooth, but did not thereafter properly treat plaintiff’s mouth and jaw, or properly wash out the cavity nor properly treat the same and by reason

thereof plaintiff’s jaw and mouth became greatly infected. The answer admitted the employment and denied the other allegations of the complaint.