Krista A. Anderson v. Harold J. Kristal, D.D.S.
Published: Aug. 2, 1997 | Result Date: Feb. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: C9500018 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Roy Lewis
(medical)
Richard Cohan
(medical)
Defendant
Warden H. Noble
(medical)
Facts
Between June 1994 and February 1995, plaintiff Krista Anderson, a 63-year-old home care provider from Walnut Creek, was treated by the defendant dentist for full mouth dental reconstruction. The original treatment plan was modified, allegedly at the plaintiff's request, and the second treatment plan failed. Multiple crowns and bridges failed and two of the plaintiff's teeth fractured near the gum line. All of the full mouth dental reconstruction had to be redone. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $175,000. The defendant made a settlement offer of $15,000.
Damages
The plaintiff asked the jury for $175,000 in damages.
Injuries
The plaintiff claimed that she required additional root canals and the full mouth dental reconstruction had to be redone. She also claimed that subsequent tooth loss will need to be corrected by implants.
Other Information
EXPERT TESTIMONY: Plaintiff's expert Dr. Roy Lewis testifed that he discovered extensive decay that was left untreated and that the plaintiff's teeth were unprepared for crowns and bridges. Plaintiff's expert Richard Cohan testified that it was below the standard of care not to remove all existing decay, adequately prepare the teeth for prosthodontic devices and to establish the plaintiff's occlusion. Dr. Cohan also testified that the materials utilized by the defendant (gold and porcelain) indicated that the devices were intended to be permanent and not temporary. Defendant's expert Warden Noble testified that treatment methods employed by the defendant, although not universally followed in the dental community, were recognized as acceptable alternatives and were within the standard of care for the placement of temporary restorations.
Deliberation
4 hours
Poll
_______ (#s pls.)
Length
7 days
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