Case details

Defense: ENT made multiple recommendations for biopsy

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
disfigurement, face, jaw, nose, scar
FACTS
On Oct. 11, 2012, plaintiff Vidya Ranasinghe presented to the office of Dr. Naina Rahman, an otolaryngologist. It was determined that Ranasinghe had lesions in his mouth, and he underwent conservative treatment. Ranasinghe returned to Rahman’s office on multiple occasions, but the lesions failed to resolve with conservative treatment. On July 24, 2014, Ranasinghe was formally referred to the University of California, Irvine Medical Center, in Orange, for a biopsy of the lesions, which proved to be cancerous. Ranasinghe ultimately underwent surgery and had a massive jaw reconstruction. Ranasinghe sued Rahman, alleging that Rahman failed to test his condition or timely refer him for a biopsy, causing a delay in diagnosis. Ranasinghe also alleged that Rahman’s failures constituted medical malpractice. Ranasinghe also sued his dentist, Dr. Omid Shayan; Shayan’s office, Omid Shayan, D.D.S. Inc.; a periodontist, Dr. Alex Pezeshkian; Pezeshkian’s office, Orange Valley Periodontal Care; and the hospital where Rahman worked, AHMC Anaheim Regional Medical Center. However, those defendants were dismissed from the case, and the matter only continued against Rahman. Plaintiff’s counsel contended that Rahman failed to either biopsy Ranasinghe’s oral lesions himself or refer Ranasinghe for a biopsy of the lesions at an earlier date. Counsel asserted that had the biopsy been performed earlier, it could have prevented the jaw reconstruction. Defense counsel argued that Rahman recommended a biopsy to Ranasinghe on multiple occasions between Oct. 11, 2012, and July 24, 2014, but that Ranasinghe refused to follow those recommendations. Counsel further argued that the referral to UCI Medical Center on July 24 only occurred because Ranasinghe had refused to follow the recommendation of Rahman to undergo a biopsy elsewhere., Ranasinghe’s oral lesions were found to be cancerous. He required a 14-hour surgery to remove the cancer and reconstruct his jaw. Ranasinghe claimed that his jaw was disfigured in the area of the surgeries. Ranasinghe medical expenses were covered by private health insurance. As a result, his damages claim was primarily in the form of noneconomic damages stemming from the massive reconstruction surgery that left him facially disfigured. Defense counsel contended that because the cancer originated in the alveolar ridge, the massive reconstruction of the jaw would be required regardless of when the diagnosis was reached.
COURT
Superior Court of Orange County, Orange, CA

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