MEDICAL MALPRACTICE
Representative Cases
- Presided over a jury trial brought by patient against his dentist in which plaintiff alleged that over a five-year period, defendant installed crowns on 19 of his teeth, eight of which had dental implants. The crowns on three teeth subsequently fractured and one tooth fractured at the gum line resulting in the fracture of a bridge. Plaintiff had paid defendant tens of thousands of dollars for the dental work. Upon failure of the crowns, he demanded a refund. Defendant suggested that plaintiff submit the matter to the peer review process administered by the California Dental Association to resolve his refund claim. A local component of the CDA administered the “peer review” and concluded that the patient’s claim was “valid”, he was entitled to a refund, but that no further harm was caused by the dentist’s treatment. Plaintiff rejected the peer review award and sued for professional negligence seeking over $100,000 in past and future treatment and $250,000 in general damages. Plaintiff sought to introduce the findings of the Peer Review Committee, arguing that Evidence Code section 1157 prohibits only “discovery” of peer review records, not their use at trial after they have been voluntarily disclosed to the patient. The motion to admit the records and findings of the peer review committee, which presented a legal issue of first impression, was denied. A defense verdict was rendered. Plaintiff appealed. The Sixth District Court of Appeal affirmed the ruling and judgment.
- Conducted scores of successful judicial mediations of every manner of medical malpractice case including negligent delivery of a newborn resulting in permanent brain damage, failure to timely diagnose cancer resulting in death, and elder abuse claims in the hospital setting.