Professional Negligence Law Reporter

A New York appellate court held that a patient’s dental negligence claim was untimely where it was commenced almost four years after a medical provider informed her of the possible presence of a foreign object in her body from a root canal.

Denise Lindgren underwent a root canal in 2012 performed by dentist Tamika Anoia. Lindgren experienced ongoing pain after the procedure, and a medical provider told her in 2014 of the possible presence of a foreign object in her body resulting from the dental procedure. In 2016, Lindgren sued Anoia for dental negligence. The defense moved successfully for summary judgment.

Affirming, the appellate court noted that a dental negligence action must be commenced within two years and six months of its accrual. Where the action is based on the discovery of a foreign object, the court added, it may be commenced within one year of the date of discovery or the date of the discovery of facts that would reasonably lead to such a discovery. The plaintiff here had possession of her dental records since 2012, the court said, adding that she also learned in 2014 of the possible presence of a foreign object in her body. Thus, by 2014, the plaintiff knew or had discovered facts that would reasonably lead to the discovery of the metal filings she claims were left in the root of her tooth.

Consequently, the court dismissed the plaintiff’s appeal from the trial court’s order, without costs.

Citation: Lindgren v. Anoia, 224 A.D.3d 1105 (N.Y. App. Div. 2024).