WEST VIRGINIA RECORD

CHARLESTON -- A couple is suing a South Charleston dentist and his practice for medical malpractice.

Beverly and James A. Frame claim Dr. James A. Kennedy and his practice, Kennedy Dental Office, failed to exercise a degree of care, skill and learning required or expected of a reasonable, prudent health care provider, according to a complaint filed Dec. 14 in Kanawha Circuit Court.

Kennedy began treatment for Mrs. Frame Dec. 27, 2007, including removal of anterior crowns, placement of temporary crowns, attempted root canals, placement of permanent crowns and oclusal adjustment.

According to the suit, Kennedy failed to obtain informed consent from the plaintiff; record or maintain the original occlusion; refer her to a specialist when procedures exceeded the scope of expertise, resulting in the perforation of two teeth; make a timely referral following perforation that resulted in extensive bone loss; isolate teeth using a rubber dam; notify plaintiff or record perforations; adequately adjust occlusion of permanent crowns prior to cementation; keep accurate medical records; and otherwise properly examine, advise, care for and treat Mrs. Frame.

Mrs. Frame claims as a result of Kennedy's negligence, she suffered three fractured teeth, two of which were perforated iatrogenically; bone loss; likely permanent loss of teeth; and significant painful treatments.

The Frames are seeking compensatory damages jointly and severally. They are being represented by Tim C. Carrico of Carrico Law Offices.

The case has been assigned to Circuit Judge Tod J. Kaufman

Kanawha Circuit Court case number: 09-C-2295