Joyce M. Crawford vs. Lynn A. Livingston et al

Case Background

On September 20, 2022, Plaintiff Joyce M. Crawford filed a Dental Malpractice lawsuit in the Georgia State, State Court of Dekalb County (Case number: 19A76777). Judge Kimberly A. Alexander presided over the case.

Cause

On March 27, 2019, the Plaintiff sought dental treatment from Dr. Lynn A. Livingston at the Dental Care Center of Decatur, LLC for root canal procedures on teeth numbers 18 and 19. Dr. Livingston, a licensed dentist in Georgia, performed the procedures but deviated from the standard of dental care. Despite the Plaintiff’s repeated complaints about post-procedure pain and numbness, Dr. Livingston failed to take appropriate action or refer the Plaintiff to a specialist. The dental practice, as Dr. Livingston’s employer, bore responsibility through the respondeat superior doctrine for his negligent acts, which were performed within the scope of his employment.

Injuries

The Plaintiff suffered severe and permanent damage to the left inferior alveolar nerve during the root canal procedures. This resulted in:

  • Persistent pain and numbness in the left lip, chin, and cheek areas
  • Complete loss of normal sensation in affected regions
  • Development of severe hypoesthesia
  • Permanent disfigurement requiring specialized intervention
  • Need for left alveolar nerve repair and reconstructive surgery

These injuries were directly caused by Dr. Livingston’s negligence and failure to meet professional dental standards, as confirmed by expert testimony from Timothy Hacker, DDS.

Damages

Plaintiff sought special and general damages, including compensation for medical expenses, pain and suffering, permanent injury, and all related litigation costs in a Dental Malpractice lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Joyce M. Crawford
    • Counsel for Plaintiff: Jennifer Auer Jordan| Andrew Childers | Alison L. Currie | Daniel J. Moriarty | Darren Summerville | Daphne Withrow | Kris Alderman
  • Defendant(s):Lynn A. Livingston | Dental Care Center of Decatur, LLC
    • Counsel for Defendants: Matthew S. Coles| Jacquelyn D. Smith | Daniel J. Huff | Page Powell, Jr. | John D. Rogers, Jr.

Claims

The Plaintiff claimed that Dr. Livingston breached his professional duty of care during root canal procedures on March 27, 2019. He allegedly failed to prevent damage to her left inferior alveolar nerve. Additionally, he did not refer her to specialists when complications arose. Dr. Livingston presented himself as a competent dentist but deviated from accepted dental standards. As a result, the Plaintiff suffered permanent nerve damage and disfigurement. She supported these allegations with an expert affidavit from Timothy Hacker, DDS, who confirmed both the negligent acts and the required standard of care.

In addition to the negligence claim against Dr. Livingston, the Plaintiff asserted a respondeat superior claim against the Dental Care Center of Decatur, LLC. The dental center, as Dr. Livingston’s employer, was responsible for his negligent actions because he performed the procedures within the scope of his employment. The dental center failed to properly oversee the quality of care provided by their employee, and thus shared liability for the resulting damages.

The Plaintiff further claimed that the defendants’ combined negligence directly caused her severe and permanent injuries. Their actions and omissions led to unnecessary physical pain, emotional suffering, and substantial medical expenses. The Defendants’ failure to meet the professional standard of care necessitated additional surgical interventions and resulted in permanent disfigurement.

Defense

Dr. Livingston asserted that he performed the root canal procedures on teeth numbers 18 and 19 in accordance with the accepted standard of dental care. He claimed that he properly evaluated the patient’s condition, used appropriate techniques, and took precautions to prevent nerve damage. He argued that he informed the Plaintiff of all inherent risks, including potential nerve complications, and obtained proper informed consent before treatment.

Dental Care Center of Decatur, LLC claimed that they maintained proper oversight of their dental practices and properly credentialed Dr. Livingston. They argued that they provided standard equipment, followed proper protocols, and had adequate support staff for the procedure. The dental center also contended that any complications were known risks of the procedure, not negligence.

Both defendants challenged causation, arguing that the Plaintiff’s nerve damage could have been caused by pre-existing conditions or anatomical variations, not negligence. They disputed the severity and permanence of the Plaintiff’s injuries and questioned whether the claimed medical expenses were necessary or related to the dental procedure. They also challenged the Plaintiff’s expert witness testimony, arguing that Dr. Hacker’s opinions did not establish any deviation from the standard of care. The defendants maintained that complications did not automatically indicate negligence and that they responded to the Plaintiff’s complaints within accepted medical guidelines.

Jury Verdict

On October 10, 2024, the jury found Dr. Lynn A. Livingston and Dental Care Center of Decatur, LLC liable for professional negligence and awarded the Plaintiff $50 million in damages in a Dental Malpractice lawsuit.

Court Documents:

Available Upon Request