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Closing Statement Of Plaintiff’s Attorney

Closing Statement Of Plaintiff’s Attorney. With Commentary By Dr. Charles Mandell. Click arrow preceding section(s) to zoom in for close reading. Ø. Ø. Ø. Continue. ×. ×. Statements by Plaintiff’s Attorney Responses by Dr. Charles Mandell.

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Closing Statement Of Plaintiff’s Attorney

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  1. Closing Statement Of Plaintiff’s Attorney With Commentary By Dr. Charles Mandell

  2. Click arrow preceding section(s) to zoom in for close reading. Ø Ø Ø Continue

  3. ×

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  5. Statements by Plaintiff’s AttorneyResponses by Dr. Charles Mandell • PA: [Patient]’s canal was unroofed from retromolar pad to retromolar pad, according to our expert. • CM: The implant was never on the mandibular nerve, with no nerves existing below posterior portion of implant. • PA: Why did you order a ct-scan after surgery, taking a chance you could be wrong? • CM: [patient] would not have had the ct-scan had I not ordered it to prove no connection of implant to nerve. • PA: Why did you not order ct-scan before procedure? • CM: There is no nerve in this procedure because the skin was not resected during the procedure.

  6. Statements (cont.) • PA: How long can a nerve take to repair? According to doctors, it is three months maximum. • CM: Doctor Grossman testified that the sciatic nerve can take up to two years to repair. • PA: Why didn’t you send [patient] for a neurological mapping? • CM: There was evidence of constant improvement occurring during the time that I was monitoring her, as per my records on her chart. • PA: Why would you require a CAT scan of the maxillary arch, when you didn’t require it for the mandibular arch? • CM: This seemed to confuse the jury between endosseaus implants and sub-periosteal implants; also comparing maxillary/mandibular cases with cancer reconstruction. Their expert dealt mostly with reconstructed mandibles. There are no nerves to consider in such cases.

  7. Statements (cont.) • PA: Why were your expert witnesses paid so much?? • CM: I used money to pay for our professional witnesses; as opposed to their expert, whose money went to the University. Their expert failed to say that money went in to this fund. • PA: Why did Dr. Grossman change his opinion after his deposition to impeach as an expert witness? • CM: Dr. Grossman claimed on the way to the courthouse that he’d changed his opinion, stating that he’d done additional research that had caused him to change his mind. • PA: Your chart reflects that you did not ask [patient] each time you saw her if there was still parathesia. • CM: Record keeping..

  8. Statements (cont.) • PA: Why was your demeanor different with each attorney? • CM: (Discussion by lecture) • PA: Are you blaming smoking for the nerve failure? • CM: I was not aware that she’d continued smoking after her surgery, until her testimony. • PA: Their expert claimed that the incision you had made transected the nerve in the posterior area (where the nerve was unroofed). • CM: Dr. Grossman stated that 75% of the symptoms were gained through medical history, not from the examination. *

  9. Statements (cont.) • PA: If there is a 75% chance of nerve regeneration within 3 months, why didn’t you send the patient for repair? • CM: The nerve was never transected, it was only compressed. This would not warrant repair. • PA: It does not seem to me that you cared about the patient. • CM: I treated [patient] for one and a half years after her injury. At that time she’d had twenty two appointments; I’d consistently strived to extend my utmost attention and care.

  10. In Closing.. • Patient never mentioned how miserable she had been prior to the procedure; moreover, that she had went from working part time to fulltime WITH overtime. • Their original requested settlement was $895,000. Ø Then, it went to $250,000. Ø Then, it fell to $140,000. Ø A settlement was then offered for $40,000. Ø Then, the requested settlement went up to $395,000. The Final Judgment was made against her. Total Court Cost = $200,000.

  11. Patient referred by plaintiffAfter Surgical Procedure

  12. Patient referred (cont.)

  13. Patient referred (cont.)

  14. The Verdict Click arrow preceding section(s) to zoom in for close reading. Ø Ø Continue

  15. The Verdict ×

  16. The Verdict ×

  17. ? Notice to Doctor Mandell • If you wish to include Plaintiff’s chart on this disc, we will have to span this presentation onto two floppies (one for this portion, the next for the chart’s own presentation). Please notify me with what you would like done regarding this, or anything else on the presentation. Thank you =).

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