A recent court filing has brought to light serious allegations of dental malpractice and professional negligence. On June 25, 2024, Miriam Castro de Richards and Robert W. Richards filed a complaint in the Superior Court of California, County of Santa Clara, against Leoncio N. Fierro, DDS, and Infinity Dental Group.
The case centers around an incident that occurred on June 26, 2023, when Miriam Castro de Richards sought treatment from Dr. Leoncio N. Fierro for her upper anterior tooth number 11. According to the complaint, Dr. Fierro performed a root canal re-treatment on the tooth but perforated it during the procedure and placed sodium hypochlorite into Ms. Richards's underlying gum tissue. This led to immediate pain and subsequent swelling and bruising. Despite Ms. Richards informing Dr. Fierro about her discomfort, he continued with the procedure, causing further injury.
The plaintiffs allege that Dr. Fierro's actions constituted a departure from the accepted standard of care expected from dental practitioners in similar professional communities. They claim that this negligence resulted in significant pain and suffering for Ms. Richards, who had to seek additional consultations with other dental specialists to address her injuries.
In their complaint, the plaintiffs also highlight that Infinity Dental Group and its staff were negligent in their care for Ms. Richards by failing to exercise the necessary degree of skill and care required of medical providers. They argue that this lack of proper treatment has led to permanent injuries for Ms. Richards.
Robert W. Richards is also seeking damages for loss of consortium due to his wife's injuries caused by the alleged malpractice. He claims that he has suffered a loss of companionship, comfort, affection, society, solace, moral support, and physical assistance in maintaining their home.
The plaintiffs are seeking general damages exceeding the unlimited jurisdictional limits of the court, medical expenses according to proof, other damages according to proof, loss or impairment of income and earning capacity according to proof, pre-judgment interest pursuant to Civil Code § 3291, costs incurred during the suit, and any other relief deemed just and proper by the court.
This case will be heard before Judge C. Roman under Case No: 240V441890.