Dentist wins $20 000 lawsuit

09 Jun, 2017 - 03:06 0 Views
Dentist wins $20 000 lawsuit

The Herald

Fidelis Munyoro Chief Court Reporter—
A specialist dental surgeon has been awarded more than $21 000 for services he rendered to his patient after a three-year bruising legal battle at the High Court. Dr Gerhard Peter Lung approached the High Court seeking payment of $21 035 for services rendered to Ms Mandy Margaret Majoni. Ms Majoni required rehabilitation of her dentition to improve function and aesthetics.

Her dentist, a Dr Chironga, had referred her to the specialist after realising that work to be done on her teeth was complex as it involved harvesting of bone, bone grafting to provide suitable implant sites and placement of implants.

The procedure was to assist Dr Chironga in the performance of a pre-prosthetic treatment.

Dr Chironga accompanied her to the specialist for initial consultations.

X-rays were taken and both doctors discussed and informed Ms Majoni what had to be done to achieve the desired results.

She was given the quotation of $22 660, which was the cost of four stages of treatment.

Ms Majoni agreed and allowed Dr Lung to carry out the procedure.

The quotation indicated that payment would be required immediately after the treatment.

After the successful operation, Ms Majoni refused to pay, arguing that the claim was brought prematurely because Dr Lung only performed one stage of the treatment.

In his testimony, Dr Lung said while he had indicated that the four stages would be done at intervals, he decided to do the surgery and the whole process at once.

This was after cutting open the bone and realising that the quality and strength of the bone was good enough to proceed with the whole procedure.

This was done to minimise infection and save Ms Majoni from recurrent excruciating pain each time the procedure was done.

Dr Lung went ahead and performed the whole procedure after explaining to Ms Majoni that after the surgery no further work would be necessary.

Ms Majoni, the court heard, agreed to the whole process being completed at one go.

In her testimony, Ms Majoni denied that all stages that had to be done by Dr Lung had been done at once.

But she failed to convince the court on other contentious issues in the case as she made a series of concessions.

Justice Priscillah Nyaradzo Munangati-Manongwa ruled that Dr Lung was able to prove his claim against Ms Majoni.

“The tenets of commerce demand that service be paid for,” said Justice Munangati-Manongwa. “As the plaintiff (Dr Lung) has been able to prove that he rendered services in good faith, he performed his own part of the contract, equally the defendant (Ms Majoni) has to meet her obligations by paying the amount that is due.

“The defendant shall pay to plaintiff the sum of $21 035 being the amount owed to the plaintiff for dental services ren- dered.”

Justice Munangati-Manongwa ordered Ms Majoni to pay interest at the prescribed rate of 5 percent per annum calculated from November 17 2014, plus costs of suit.

Coghlan, Welsh and Guest Legal Practitioners acted for Dr Lung, while Moyo and Jera Law Firm represented Ms Majoni.

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