Musical Icon Quincy Jones Dies
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Quincy Jones, a legend in the music industry who is perhaps best known for
his work with Michael Jackson, has died. Jones was 91 ...
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“The more corrupt the state, the more numerous the laws.” ~ Gaius Cornelius Tacitus
All three members of the medical review panel agreed that if one believed Ms.Lester’s version of what happened in Dr. Levy’s office on the morning of October 20, 2003, then the actions by Dr. Levy fell below the standard of care. If, on the other hand, one believed the testimony of Dr. Levy and of Ms. Heidner, then, there was no breach of the standard of care. The members of the panel described the standard of care for an oral surgeon to extract a tooth (or teeth) as follows: first, having an x-ray of the patient’s mouth which was less than one year old—Dr. Levy had an x-ray of Ms. Lester’s mouth which was six months old. Next, examining the patient—which both Dr. Levy and Ms. Heidner stated he did. The plaintiff argued that upon examing a patient, the oral surgeon had a duty to inform the patient if, in his opinion, he thought a tooth, which was to be extracted ,was salvageable.ms. lester isnt a dentist she didnt know which teeth were to be pulled. its silly to use the excuse that since ms. lester pointed to the teeth to be pulled that it was ok. why didnt dr. levy simply fone dr. gauthier and have him fax over the referral slip so that dr. levy would know exactly which teeth to pull? good grief ms. lester was supposed to have teeth numbered: 5, 12 and 13 pulled and dr. levy was batting zero because he pulled teeth numbered 3, 15 and 16. this is why we avoid dentists. lawyers too for that matter. EXTERNAL LINK
The panel agreed that such was the standard of care if the patient was a “walk-in” off the street, but stated that such was NOT the case with a referred patient, such as Ms. Lester. In the case of a referred patient, the question of whether a tooth was salvageable was between the patient and his/her general dentist. Oral surgeons were not to “second-guess” a patient’s general dentist. The last duty the oral surgeon had, to meet the standard of care, was to know which tooth/teeth to extract. Ms. Lester claims that Dr. Levy could not have known which teeth to extract because she forgot her referral slip, and he did not call Dr. Gauthier to obtain this information.
Dr. Levy and Ms. Heidner testified that Ms. Lester was offered a later appointment so she could return with her referral slip, but that Ms. Lester declined, stating that she knew which teeth had to be extracted. Also, Dr. Levy and Ms. Heidner both testified that Ms. Lester pointed at the teeth she wanted extracted and confirmed her choices to Dr. Levy when he pointed to the corresponding teeth on her x-ray. Ms. Lester denies pointing to any specific tooth(teeth), claiming it would have impossible for her to do so.