William Neal v. Kunjal Patel, Francisco Enverga
Published: Apr. 29, 2000 | Result Date: Mar. 3, 2000 | Filing Date: Jan. 1, 1900 |Case number: SCV51058 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Joseph T. Kutyla
(Joseph T. Kutyla, Esq.)
Burdick M. Ray
(Ray & Gourde LLP)
Experts
Plaintiff
Darryl Curl
(medical)
Kerry Gott
(medical)
Robert Hou
(medical)
Defendant
Albert A. Cutri
(medical)
Facts
On Oct. 6, 1997, plaintiff, age 42, had a tooth extracted by Dr. Kunjal Patel, due to extreme pain. The patient claims the pain continued after extraction. Dr. Patel prescribed antibiotics prior to the extraction. The patient disputed the prescription of antibiotics by Dr. Patel one week prior to the extraction.
Because of the patientÆs dissatisfaction with Dr. Patel, he was seen by Dr. Enverga on October 13 as an emergency consultation. Dr. Enverga had treated the patient one year earlier for some minor crown work.
Dr. Enverga prescribed Keflex and pain medication, and asked the patient to return if the post-extraction pain continued.
The patient returned three days later. The patient was still in pain and was experiencing numbness. Dr. Enverga recommended surgical curettage and debridement of the area. The patient refused this treatment recommendation.
The patient returned two weeks later to Dr. EnvergaÆs office on October 30. He was having slight pain but claimed it was getting better. He still complained of numbness and there was redness in the area of the extraction. Dr. Enverga performed a comprehensive cleaning. The patient was asked to return as needed.
The patient returned one week later on November 6 to be seen by Dr. Enverga. The patient was still complaining of slight pain. Dr. Enverga observed a large bone spicule within the extraction site and referred the patient to an oral surgeon, Steven Taylor, D.D.S.
The patient was seen by Dr. Taylor the same day. Dr. Taylor confirmed the presence of multiple bone spicules. He took an X-ray, confirming an irregular radiolucency with several opaque areas measuring 2.5 cm in the area of the extraction site of tooth 18.
Ultimately, osteomyelitis was diagnosed. The patient was taken to surgery by an oral surgeon on November 17, for surgical debridement of the infected lesion in the patientÆs left jaw. The patient was then referred to an infectious disease physician. The patient was treated with intravenous antibiotics for approximately eight weeks. The infection was resolved in Spring 1998.
The patient has permanent numbness to the inferior alveolar nerve, which innervates the lower left portion of his face, chin and lip. This is a permanent injury.
Settlement Discussions
The plaintiff demanded $100,000 on the first day of trial. Dr. Enverga offered $5,000. Dr. Patel made no offer.
Injuries
Loss of jaw bone, permanent numbness to the left side of face, lip and chin, and need for surgery to repair the bone. Thereafter, an implant can be placed in the area of tooth 18.
Deliberation
1 hour and 45 minutes
Poll
12-0
Length
seven days
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