Lisa Baskin v. Leslie E. Latner
Published: Mar. 15, 2005 | Result Date: Jan. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: SC078499 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Anthony A. Liberatore
(A. Liberatore PC)
Defendant
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Sheldon Benjamin
(medical)
Defendant
Gary Harmatz
(medical)
Facts
The plaintiff, age 46, had been a patient of the defendant general dentist for 14 years when she presented to his office on June 10, 2002 with complaints of pain, discomfort in her lower right jaw and that she was unable to sleep the night before due to pain. The defendant took x-rays and conducted a dental examination and could not determine the cause of the pain. The x-rays did not image the entirety of tooth 31 (lower right third molar). No additional x-rays were taken on June 10. The plaintiff did not return to his office until Aug. 26, 2002 during which time she had been seen numerous times at Kaiser Permanente by numerous physicians who were unable to diagnose the cause of the pain. The plaintiff was placed on various medications and potential diagnoses included shingles, trigeminal neuralgia and brain cancer. When she returned to the defendant's office on Aug. 26, she was again complaining of pain and stated that the doctors at Kaiser were considering a differential diagnosis of upper left trigeminal neuralgia. The defendant examined the plaintiff again and could not detect the cause of her pain and referred her to an oral surgeon. During this second office visit, the defendant took additional x-rays of the plaintiff. These x-rays did not image all of tooth 31. In addition, the defendant did not identify a radiolucency (black spot) near the roots of tooth 31 which existed on the x-ray. She was seen by the oral surgeon about three weeks later and he took an x-ray and diagnosed an abscess at the root of tooth number 31 and referred the plaintiff back to the defendant for evaluation of the need for root canal therapy. The defendant performed a root canal on Sep. 25 at which time the pain resolved and he placed a crown on the tooth on Dec. 23. The plaintiff still has the tooth which has been asymptomatic since the root canal was performed.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer in compromise for $7,500. The defendant served a C.C.P. Section 998 offer of zero dollars in exchange for a waiver of costs.
Specials in Evidence
$2,500
Injuries
Dental pain for two and a half months until the abscess was diagnosed and treated.
Other Information
The defendant has filed a memorandum of costs for $7,724. The plaintiff has filed a motion to tax costs.
Deliberation
3.5 hours
Poll
10-2
Length
three days
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