Professional Negligence Law Reporter

Huda Khalil, 21, underwent lower wisdom tooth extractions performed by general dentist Rafid Khamis. Khalil experienced persistent pain, numbness, and swelling on the left side of her face after the procedure, and she also had difficulty opening her mouth. Approximately three months later, after multiple follow-ups, Khamis took an X-ray and told Khalil that her symptoms did not indicate any problems.

Khalil consulted another dentist, who took a panoramic X-ray. This revealed that she had suffered a fractured lower jaw and that the majority of her right wisdom tooth had not been extracted. An oral surgeon also later diagnosed nerve damage. Although Khalil underwent surgery to address her jaw fracture, her jawbone had already fused together and could not be separated. She now suffers from facial asymmetry, jaw pain, an altered bite, and permanent numbness.

Khalil sued Khamis, alleging negligent performance of the wisdom tooth extractions and failure to timely diagnose and treat the jaw fracture and nerve damage. The plaintiff did not claim lost income.

The jury awarded $500,000.

Citation: Khalil v. Khamis, No. 19CV004700 (Cal. Super. Ct. Monterey Cnty. May 2023).

Plaintiff counsel: AAJ member Charles “Tony” Piccuta, Monterey, Calif.

Plaintiff experts: Richard Mandel, oral maxillofacial surgery, Newport Beach, Calif.; Perry Silva, oral maxillofacial surgery, Monterey; and Michael Faktor, dentistry, Breckenridge, Colo.

Defense experts: Mark Crane, maxillofacial oral surgery, and David Hatcher, oral radiology, both of San Francisco.