Kelly Turkoly v. Dr. Robert Gentile and important legal terms

How Dr. Robert Gentile violated The Consumer Law and was sued for Medical Malpractice and Negligence

What is a Contract and how one is Legally formed?

A contract is valid in the eyes of the law when written, verbally agreed upon, or even implied. Certain contracts must be in writing to be enforced. Consideration must be present to have a valid contract which is; both sides must receive some measureable benefit and something of value. It also must have Legality and can’t violate any laws or have a criminal act in the contract or it will be void. Another characteristic of a contract is Consent which is certain kinds of trickery and force can prevent the formation of a contract. Example: bribery, or force. Also both parties must be of sound mind and adults this is called Capacity.

Dr. RobertGentile

Kelly TurkolyA Contract was made in January 2012 by the plaintiff Kelly Turkoly and Dr. Gentile the defendant. Kelly Turkoly asked to have a procedure done called a Endoscopic Brow Lift and to have Botox in Injected under her eyes.

V.

Kelly Turkoly was convinced by dr.

Gentile she needed “The complete

look”………………..

He Convinced her to get a

Endoscopic Forehead Lift,

Laser Skin Rejuvenation,

Botox Injections, and the

eyelid repairs.

Dr. Gentile Breached the Contract She received no complete

procedure. He cut her forehead from

temple to temple. He injected fat from her

thighs under her eye lids not injected Botox.

He didn’t ask for her consent to provide some services.

He did the wrong brow lift. He did indeed botch the

surgery.

Breached Contract

Both parties didn’t receive something of measurable value

This equals breach of contract ↑

The contract broke most Consumer Protection Laws. This breaks consumer Protection Laws ↑

Dr. Gentile was sued!

There are different kinds of contracts ………..

This Contract was an Express Contract………..

An Express Contract is one with all the terms directly and clearly stated. This took place during them discussing what procedures would be done.

Another type of contract is a Implicit Contract which is a contract that is nonbinding but trust is formed between the two parties.

What is Consumer Protection Law ?• A Law that insures ethical practices and private relationships

between consumers and people who sell goods and services

• This law has to do with acts that occur between the seller and buyer

• It covers things such as:

• PRODUCT LIABILITY

• UNFAIR BUSINESS PRACTICES

• FRAUD

• MISREPRESENTATION

• AND PRIVACY RIGHTS

The cases starts in 2013 in an Ohio Court.

An offer is made by Kelly Turkoly’s Attorney to the Doctor and his Attorney and it’s turned down. No counter offer is made by the Defendant.

The Case goes to court and last for eight days!

The Litigation Process Starts in 2012 in Ohio

The Litigation Process is the process of filing claims in court and ultimately going to trial.

The Court Process

• Testimonies from numerous

experts, like a Diplomat of The

American Board of Plastic Surgery

• Testimonies from both sides took

place

• Interrogation of both sides to place

• A Verdict was reached

Kelly Turkoly was awarded 1.5

million dollars against the

Defendant, 3.05 million dollars for

Dr. Robert Gentile’s negligence.

Plus 2 million for medical battery

and failure to get her consent.

Also 50,000 dollars for her

husbands pain and suffering an

loss of his wife’s comfort and

Companionship as a result of

surgery. Dr. Robert Gentile was

sued for Medical Malpractice.

A Verdict in the favor of the Plaintiff

What is Medical Malpractice?

Answer: Medical malpractice is the

failure of a medical professional to follow the

accepted standards of practice of his or her

profession, resulting in harm to the patient.

Dr. Gentile was Negligent and cause the Plaintiff pain and acted unethically!

I Agree with the Judges verdict in this case.

By: Veronica Mendoza2014

Brookline College Bu 299