Krystina Wisniowska v. Richard Kornberg, M.D.
Published: Mar. 22, 1997 | Result Date: Feb. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 694868 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Abel Torres
(medical)
Constance Nagy
(medical)
Defendant
Don E. Miller
(technical)
Paul M. Goldfarb
(medical)
Dominick Addario
(medical)
Joseph College
(medical)
Facts
On Aug. 17, 1995, plaintiff Krystina Wisniowska, a 47-year old woman on disability, presented to defendant Dr. Kornberg with a tumor on her right upper lip which had been present for at least two years. On Sept. 5, 1995, Dr. Kornberg did an incisional biopsy. The plaintiff claimed that the surgery was performed without her consent, and she thought she was going to have a simple biopsy to diagnose her condition. Thereafter, the plaintiff presented on three follow-up visits and on the second follow-up complained that she did not consent to the incisional biospy, that she expected only a small biopsy, and that she was unhappy about the disfiguring scar. The pathology report indicated the margins were not clear, so the plaintiff was scheduled for reconstructive surgery with a plastic surgeon on Dec. 8, 1995, but walked out of the surgical suite. The plaintiff claimed that the doctor was unable to communicate well enough to assure her that he would be able to remove all the cancer which remained after the surgery. She subsequently had a MOHS procedure performed by another doctor in February 1996 and reconstructive plastic surgery at the University of California at San Diego Medical Center the following day. The plaintiff had two subsequent plastic surgery revisions and a third is scheduled. The plaintiff brought this action against the defendant doctor based on medical negligence, medical malpractice, battery, fraud and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $249,000. The defendant made no settlement offers.
Specials in Evidence
$3,000 (balance paid by insurance) $7,500
Injuries
The plaintiff alleged she sustained a disfiguring scar on her upper lip, temporarily impairing her speech and ability to find employment. The plaintiff also claimed emotional distress due to her disfigurement.
Other Information
The verdict was reached approximately one year and two months after the case was filed.
Deliberation
1+ hours
Poll
not taken
Length
6 days
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