Roni Douglas v. Keith Denkler, M.D.
Published: Feb. 15, 1997 | Result Date: Oct. 9, 1996 | Filing Date: Jan. 1, 1900 |Case number: 160745 – $0
Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald T. Kelly
(technical)
James R. Schneider
(medical)
Defendant
Kendrick Lee
(medical)
Robert S. Gartrell
(medical)
Leonard Gordon
(medical)
Facts
Plaintiff Roni Douglas, a 40-year-old dentist, presented to defendant Keith Denkler, M.D. with a fractured right thumb (first metacarpal). On Nov. 17, 1992, the defendant doctor performed open reduction and internal fixation with a plate and screws to repair the fracture of the plaintiff's right thumb. The plaintiff alleged that during the plating, the thumb trap allegedly slipped off as it had during closed reduction, and the plate and screws popped off. The plaintiff claimed that the defendant never told the plaintiff that he could not get the screw head flush. Three to four months later, the plaintiff's EPL tendon ruptured and repair surgery by another hand surgeon was required. The tendon repair was succesful, but the plaintiff had a period of additional rehabilitation which required time away from her dental practice. The plaintiff brought this action against the defendant based on medical negligence, malpractice, and lack of informed consent theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand of $76,820. Per the defendant, the plaintiff made numerous "six-figure" demands. Before trial, the plaintiff gave an indication of $25,000 to $29,999. The defendant made a C.C.P. º998 offer of compromise of $15,000.
Damages
In addition to medical specials, the plaintiff claimed approximately $140,000 to $170,000 in damages for loss of revenue from her dental practice together with general damages.
Injuries
The plaintiff claimed residual stiffening or crimping and slight limitation of movement of her right thumb. The plaintiff was able to resume her dental practice.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. ARBITRATION: An arbitration was held on Feb. 24, 1995 before David Yount and resulted in a defense award. The plaintiff requested a trial de novo. EXPERT TESTIMONY: Defense expert Dr. Lee testified that it was within the standard of care to leave the screw head high even though it endangered (impinged on) the tendon. Dr. William Newmeyer in his operative report said it ruptured the tendon.
Deliberation
3 hours
Poll
10-2 (informed consent), 12-0 (negligence)
Length
6 days
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