Lack of informed consent for cosmetic procedure

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Case in Point

July 16, 2013

Lack of informed consent for cosmetic procedure 

The plaintiffs alleged that a plastic surgeon performed a standard forehead lift on a patient instead of the endoscopic lift she expected to receive, resulting in a MRSA infection and scarring. Suit claimed lack of informed consent, medical negligence, and battery. The jury awarded $5.1 million. Turkoly v. Gentile.

Kelly Turkoly, 50, paid plastic surgeon Richard Gentile to perform an endoscopic brow lift, a procedure involving minor incisions behind the hairline. During the surgery, Gentile made a large incision across Turkoly’s entire forehead. She developed a MRSA infection, blurred vision, and nerve damage, and now has a permanent scar on her forehead.

Turkoly and her husband sued Gentile, alleging lack of informed consent and medical negligence and battery. The plaintiffs charged that Gentile performed a standard forehead lift instead of the endoscopic procedure and that the large incision increased Turkoly’s risk of infection.

Suit did not claim lost income.

The jury awarded $5.1 million, including $50,000 to Turkoly’s husband.

Citation: Turkoly v. Gentile, No. 11-CV-758 (Ohio, Mahoning Co. Com. Pleas Apr. 25, 2013).

Plaintiff counsel: AAJ members Geoffrey C. Brown and J. Zachary Zatezalo, both of Wheeling, W. Va.


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