Professional Negligence Law Reporter

O’Neal v. P.K. Clark, No 2:14-cv-363-DN (D. Utah Nov. 5, 2018).

Gail O’Neal, 64, was referred to dentist P.K. Clark and WhiteCap Institute for a second opinion regarding dental implants. After O’Neal underwent a CT scan, Clark then performed an implant procedure, which included sinus augmentation and bone grafting. When O’Neal returned to the referring dentist for removal of her stitches, it was revealed that she had a sinus perforation. The dentist prescribed antibiotics at Clark’s recommendation.

O’Neal had an appointment with Clark, who cleaned out her infection. Additionally, a student dentist, under Clark’s supervision, removed a small particle of bone. O’Neal’s implant subsequently failed, and Clark removed it; however, O’Neal’s sinus perforation persisted. An ENT later diagnosed sinus disease and an obstruction, for which O’Neal was prescribed several medications over multiple weeks. She then underwent sinus surgery and oral surgery to close the perforation. Her condition prevents her from having additional dental implants and her dental treatment options for this area of her mouth are uncertain.

O’Neal sued Clark and WhiteCap Institute, alleging that Clark negligently perforated her sinus and provided negligent postoperative care. The plaintiff also alleged failure to refer her to a specialist. The defense argued that the plaintiff’s damages were preexisting or resulted from the actions of third parties. The jury awarded more than $201,400, apportioning liability at 50% to the defendants, 15% to the plaintiff, and 35% to the nonparty referring dentist. The award includes $150,000 in noneconomic damages and $5,000 for the plaintiff’s lost wages. Plaintiff counsel: AAJ member Alyson Carter McAllister, AAJ member Robert Sykes, and Peter Sorensen, all of Salt Lake City.