Keans v. Bottiarell

645 A.2d 1029 (1994)

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Nature of the Case

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Facts

P consulted D to have a tooth extracted. On the initial visit, P informed D that she suffered from myelofibrosis, a rare blood disorder that inhibits production of red blood cells and platelets, and that her condition required her to have frequent blood and platelet transfusions and self-administered interferon injections. D performed the extraction, was kept at D's recovery room until the bleeding stopped and was sent home with a penicillin prescription and a pamphlet detailing post-operative instructions. The extraction began to bleed after returning home. D advised biting down on tea bags to release tannic acid to facilitate blood clotting. D was admitted to the hospital the next day and was diagnosed with neutropenia, severe thrombocytopenia, severe anemia, and myelofibrosis. The trial court liked P's expert more than D's and sustained a finding of malpractice by failing to consult with P's hematologist prior to proceeding with the extraction. The trial court also found that P had failed to mitigate damages and reduced the jury award from $20,000 to $5034.46. D appealed.