Newberry v. Silverman

Approximately 10 years after Marc Silverman, D.D.S. performed a root canal on one of Newberry’s teeth, Newberry returned to Silverman because the tooth was hurting. Silverman examined the tooth, offered a tentative diagnosis unrelated to the root canal, and sent Newberry on his way. Several years later, Newberry and Silverman repeated this exercise, with the same outcome. Finally, in 2012, Newberry sought a second opinion and found out that his original root canal had not been properly completed. When Newberry requested his records, Silverman claimed that the old records were no longer available. Newberry sued. The district court dismissed for failure to state a claim. The Sixth Circuit vacated and remanded for further proceedings with respect to Newberry’s fraud claim, but affirmed on all other grounds. Newberry’s claims of dental malpractice, negligence, and infliction of emotional distress were time-barred. The spoiliation claim failed because Newberry’s complaint against Silverman was not disrupted by the allegedly destroyed dental records. View "Newberry v. Silverman" on Justia Law