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Personal Injury (Non-Vehicular)
Dental Malpractice
Wrongful Extraction

Louis DeLos Santos v. Roger Palmer, DMD

Published: Jan. 15, 1994 | Result Date: Nov. 16, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 28270 –  $0

Judge

Robert L. Crone Jr.

Court

Lake Superior


Attorneys

Plaintiff

David I. Kelvin


Defendant

Edwin J. Zinman


Experts

Plaintiff

Steve W. West
(medical)

Steven R. Boetgger
(medical)

Defendant

B.C. R. Kingsbury Jr.
(medical)

Facts

Plaintiff Louis DeLos Santos, a 22-year-old store manager, visited Defendant Roger Palmer, a Kelseyville general dentist, with complaints of pain in his second and third molar region for a one-month period. Defendant diagnosed compromised bilateral second molars and recommended extraction of all four second molars. Four days later, on December 13, 1991, Defendant extracted Plaintiff's two right second molars and 4 months later, extracted the left second molars (a total of four extractions).

Settlement Discussions

Defendant contends he offered a CCP Section 998 refund of his fees in the amount of $1,222 and Plaintiff's original demand was $100,000 reduced to $10,000 following Defendant's expert's testimony.

Specials in Evidence

$7,000 $450

Injuries

Post-extraction over-eruption causing "TMD" requiring orthodontic care to bring the third molars into proper alignment.

Deliberation

50 minutes

Poll

11-1

Length

3.5 days


#88257

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