Malone v. Bianchi

SPALDING, Justice. The plaintiff brings this action of tort against the defendant, a dentist, to recover for his alleged negligence in permitting a tooth to fall down her throat while he was extracting some of her teeth. The questions for decision are whether the Judge erred in directing a verdict for the defendant and in discharging a stipulation entered into by the parties. These facts could have been found: The plaintiff, aged thirty-six, on April 5, 1940, consulted the defendant at a hospital in Somerville for the purpose of having her teeth examined. After an examination the defendant advised her that she ought 'to have quite a few teeth out.' She agreed to this and to the administration of gas and ether. The defendant thereupon extracted sixteen of the plaintiff's teeth. When the plaintiff 'came out of the ether' she was nauseated and bled profusely. Upon returning to her home she went to bed, where she remained for several days. She had a bad cough, suffered 'a lot of pain in the chest,' and had difficulty in breathing deeply. The pain in her chest was constant and was unlike anything she had ever experienced. Early in May, at the advice of her physician, the plaintiff went to a hospital 1 for an examination and the taking of X-rays. For the next fifteen months the plaintiff's chest was sore and she 'suffered dry coughing spells and raising of blood.' During this period she continued to go to the hospital for examination, treatment and the taking of X-rays.