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$2,750,000 Verdict for Dental/Medical Malpactice Case - Vince Colella, Webinar Hosted by Jon Marko

Plaintiff was referred to the defendant oral surgeon for examination and removal of his lower left wisdom tooth (#17). During his first visit, a panoramic x ray of the plaintiff’s mouth was taken. Defendant reviewed the film study and discovered a “radiolucency” (dark spot) near the effected tooth in the ramus of the mandible (lower jaw). Defendant recommended that the plaintiff undergo a biopsy to determine whether the lesion was cancerous. Defendant also ordered a CT scan without contrast. The CT scan was performed a couple months after the initial visit. The radiologist reported that the CT film study was “sub-optimal due to lack of iv contrast” and recommended an MRI with iv contrast. However, the defendant claimed that the MRI would be of no benefit and scheduled the plaintiff for the removal of the lower wisdom tooth and an incisional biopsy (taking a sample of the lesion to send for lab testing) without additional testing. On April 20, 2018 (5 days after the wisdom tooth was extracted), Plaintiff presented to the Defendant’s office for an “incision” and biopsy signing a consent form to that effect. However, after the Plaintiff had been sedated the Defendant changed the procedure (and documentation) from an “incision” and biopsy to an “excision” and biopsy. Essentially, converting the procedure from taking a piece of this mass to attempting to remove it entirely. During the course of trying to remove what the Defendant believed to be a “cystic mass” he encountered an arteriovenous malformation (AVM) also known as a “vascular malformation.” As he drilled into the AVM the Defendant injured the carotid and lingual arteries causing a massive hemorrhage in the Plaintiff’s mouth. Paramedics were called to the office and Plaintiff was transported to a nearby hospital. However, when the ER doctors were unable to stop the bleed, plaintiff was intubated and airlifted to a level 1 trauma center where he underwent an emergency embolization surgery to stop...

May 10, 2022 10:30 AM in Pacific Time (US and Canada)