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Kane v. Shoup

The plaintiffs filed suit more than two years after the defendants allegedly misdiagnosed their son's orthodontic condition

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Joseph W. Kane, and his parents, Joe Kane and Mary Kane, filed a malpractice lawsuit against Dr. Greg A. Shoup and Pickron Orthodontic Care, P. C. alleging misdiagnosis and mistreatment in connection with J. W.’s orthodontic treatment. The Kanes appeal the trial court’s grant of summary judgment to Dr. Shoup and Pickron. Because we find that summary judgment was proper, we affirm. Joe and Mary Kane brought J. W. to Dr. Shoup, who was then a solo practitioner, for treatment of an overbite, resulting, at least in part, from a small lower jaw. Dr. Shoup began treatment of J. W.’s condition in April 1992. In November 1995, Dr. Shoup joined Pickron and began practicing out of a Pickron office. After the move, J. W. was seen by Dr. Shoup and later by other Pickron orthodontists. The Kanes assert that throughout their son’s treatment, they were assured that he was making progress and that the orthodontic treatment was effective. The last day Dr. Shoup saw or treated J. W. was in September 1997.

In November 1998, the Kanes’ family dentist made a mold of J. W.’s teeth and, without the family’s knowledge, sent it Dr. J. W. Haddad, an oral surgeon, for his opinion on the effectiveness of Dr. Shoup’s treatment. In a letter dated December 17, 1998, Dr. Haddad gave the opinion that J. W. demonstrated poor occlusion and that surgery might be required to correct the problem. The dentist showed Dr. Haddad’s letter to Mary Kane in December 1998. The Kanes then took J. W. to Dr. Lynwood Williams, a new orthodontist, for treatment. Dr. Williams also believed that the treatment J. W. had received from Dr. Shoup had not corrected his condition, and that J. W. would need surgery to correct the problem, along with additional periods of bracing.

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