New York City, NY (January 8, 2025) – Rawle & Henderson Associate Jonathan Van Dusen successfully defended claims against an oral surgeon in the New York City Civil Court brought by a patient who alleged that the oral surgeon breached a promise to make her teeth “look beautiful” by “using specific materials to repair [her] bridges.”

Mr. Van Dusen successfully argued that the Plaintiff’s lack of expert testimony was fatal to any dental malpractice claim because such testimony was needed to establish deviation from the good and acceptable dental procedures in New York.

When the plaintiff attempted to argue that her claims were sounding in breach of contract, rather than malpractice, Mr. Van Dusen successfully argued that there was insufficient evidence to prove that there was a promise for a specific dental result.  Mr. Van Dusen’s cross-examination resulted in the Plaintiff’s admitting that there were no documents showing that a specific result had been requested or promised, which the Court found was a fatal flaw in the asserted claims.   Due to the absence of evidence such as dental records, invoices or other documents showing “any details of what work was performed”, plaintiff failed to meet their burden to establish the existence of a contract, and therefore could not establish that there had been a breach.

For more information about Mr. Van Dusen and the Dental Professional Liability Practice Group, visit: https://rawle.com/attorneys/jonathan-van-dusen/

About Rawle & Henderson LLP:  Founded in 1783, Rawle & Henderson has been recognized by the American Bar Association as the oldest law firm in continuous practice in the United States. With offices in Delaware, New Jersey, New York, Pennsylvania and West Virginia, its lawyers represent the interests of corporations, businesses, individuals and their insurers.  For more information, visit http://www.rawle.com