Sybil Newton, George Newton, and Michael Scivley recently obtained a favorable opinion from the Alabama Court of Civil Appeals affirming the dismissal of a complaint arising from orthodontic care and treatment. The underlying lawsuit, filed in the Circuit Court of Shelby County, arose from alleged premature removal of braces in an adult patient. The plaintiffs, through a series of amended complaints, brought claims against the defendant orthodontist for breach of contract, misrepresentation, and fraud in the inducement. The defendant successfully invoked the applicability of the Alabama Medical Liability Act and moved to dismiss the allegations for failure to state a claim upon which relief could be granted and failure to articulate any discernible damages as a result of the orthodontic care and treatment at issue. The claims were dismissed by the trial court and the dismissal was affirmed by the Alabama Court of Civil Appeals.
