Baker v. Scott

447 So. 2d 529
CourtLouisiana Court of Appeal
DecidedFebruary 21, 1984
Docket16015-CA
StatusPublished
Cited by2 cases

This text of 447 So. 2d 529 (Baker v. Scott) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Scott, 447 So. 2d 529 (La. Ct. App. 1984).

Opinion

447 So.2d 529 (1984)

Dr. Richard C. BAKER, Plaintiff-Appellee,
v.
Claude SCOTT and Fannie P. Scott, Defendant-Appellant.

No. 16015-CA.

Court of Appeal of Louisiana, Second Circuit.

February 21, 1984.

*530 Cook, Yancey, King & Galloway by Sidney E. Cook, Shreveport, Campbell, Campbell & Johnson by James M. Johnson, Minden, for plaintiff-appellee.

McConnell & Associates by Charles E. McConnell and James S. Harris, Springhill, for defendant-appellant.

Before PRICE and FRED W. JONES, JJ., and CULPEPPER, J. Pro Tem.

CULPEPPER, Judge Pro Tem.

This proceeding was initiated as a suit on an open account filed by Dr. Richard C. Baker on November 6, 1979 against Mrs. Claude Scott for dental services in the sum of $7,458 and 25% attorney's fees. Mrs. Scott answered denying liability and filed a reconventional demand for damages for dental malpractice. Dr. Baker filed an exception of prescription as to the reconventional demand, and this exception was referred to the merits. After a trial on the merits, the trial judge dismissed Dr. Baker's suit on an open account, overruled Dr. Baker's exception of prescription and rendered judgment in favor of Claude Scott and his wife, Fannie P. Scott on their reconventional demand against Dr. Baker and his liability insurer, Federal Insurance Company, in the sum of $13,374.50. Mr. and Mrs. Scott appealed, seeking an increase in the award. Dr. Baker answered the appeal, contending the trial judge erred in overruling the exception of prescription, and in the alternative that the district court erred in finding liability on the part of Dr. Baker and also erred as to the amount of the award.

The issues on appeal are: (1) Did the trial judge err in overruling Dr. Baker's exception of prescription as to the reconventional demand? (2) Did the trial judge err in finding Dr. Baker guilty of dental malpractice? (3) Is the award excessive or inadequate?

In excellent written reasons which we accept as our own except for the amount of the award, the trial judge has carefully analyzed the evidence, found the facts and correctly applied the law as follows:

Evidence shows that Dr. Baker, who was a practicing dentist in Minden, first performed professional services for Mrs. Scott in 1974 when he fitted a bridge in the upper front portion of her mouth. In April, 1979, Mrs. Scott was experiencing difficulties with the bridge and she consulted Dr. Baker. He determined that the bridge had worn through and was beyond saving and *531 the parties agreed that Dr. Baker would proceed to replace it. Dr. Baker also determined that extensive work needed to be done to her lower teeth.

The upper work was completed on April 19, 1979. Mrs. Scott later returned to Dr. Baker's office to discuss the lower teeth. Dr. Baker testified that he told her she would need fifteen units of crown and bridgework in the lower mouth. Price and method of payment were apparently agreed upon and on or about May 18, 1979, the preliminary work was done. On June 7, 1979, the crown and bridgework were fitted. Dr. Baker Testified (sic) that he felt that the margins on these crowns looked too bulky so he used a temporary cement and told Mrs. Scott to return in three days. Mrs. Scott denies that Dr. Baker told her to return. There is no evidence which suggests that Dr. Baker undertook to do any additional work, and his letter dated November 29, 1979 concerning his statement does not mention anything about her missing any appointments. In addition, Dr. William M. Hall, who examined her later, testified that none of the work done by Dr. Baker was of a temporary nature.

On June 23, 1979, Dr. Baker had an accident, and he has not practiced dentistry since that date. While Mrs. Scott returned to Dr. Baker's office after the June 7th date, and was treated for pain by another dentist in Dr. Baker's office, she has not seen Dr. Baker since June 7, 1979.

Mrs. Scott testified that she has had difficulty and has experienced much pain since shortly after Dr. Baker performed his work. She was not able to obtain relief from Dr. Baker's office. She also saw Dr. J.H. Connell in Minden, and on February 26, 1980, she consulted Dr. William M. Hall. When she first contacted Dr. Hall, she saw him in his capacity as President of the Northwest Louisiana Dental Society to lodge a complaint against Dr. Baker. She testified that she began to realize in September or October of 1979 that there was something wrong with the work done by Dr. Baker. When she first saw Dr. Hall, she also sought relief from the pain she continued to experience. Dr. Hall explained to Mrs. Scott what she should do to lodge the complaint. He also advised her that she needed to consult a dentist. He did not accept her as a patient until May 21, 1980.

Dr. Hall testified extensively about the condition of Mrs. Scott's mouth and the work performed by Dr. Baker. It was his conclusion and the Court is of the opinion that the evidence clearly establishes that Dr. Baker's work was substandard. If Dr. Baker had properly performed his work the condition of Mrs. Scott's mouth after that work would have been such that her teeth would be free from decay, she would have good occlusion, the crown and bridgework would fit properly and her gums would be healthy. In fact, her teeth had much decay, poor occlusion, open margins, ill fitting and loose bridgework, and she had a generally unhealthy mouth. Evidence also establishes that Dr. Baker extracted four teeth that could have been saved.

Dr. Perry Hollembeak, another expert witness, also examined Mrs. Scott after the work done by Dr. Baker. He said that her mouth was in a mess. Dr. Baker's work was unacceptable, and the only way to correct it was to remove what was done and restore the crowns and bridgework. He said that Mrs. Scott's problems were due to the manner in which Dr. Baker performed the work. In his opinion the cost of such work would be $8,000.00. Dr. Hollembeak saw Mrs. Scott only one time and he did not have the benefit of Dr. Baker's X-rays.

Dr. Jack W. Gamble, an oral surgeon, was called as a witness for Dr. Baker. He testified that he examined Mrs. Scott and that she had many crowns with extended margins which aggravated her peridontal condition. He would not necessarily attribute decay under the crowns to Dr. Baker's work because he said that it was possible for teeth to decay under crowns even if the dentist had done his work carefully. He was of the opinion, however, that the work done by Dr. Baker needed to be replaced.

*532 The evidence establishes that the work performed by Dr. Baker was below the standard of care ordinarily exercised by dentists in the area. The work he did for Mrs. Scott was not done correctly and was of no benefit to her. He is not entitled to recover any amount from her for the work he performed and his demands should be rejected.

Considering Mrs. Scott's claim against Dr. Baker, the record reveals that her reconventional demand was filed on June 10, 1981. The evidence shows that Dr. Baker began his work in early April, 1979 and last saw her on June 7, 1979, so the question of prescription is an issue and has been raised by exception. L.R.S. 9:5628 provides that a claim such as this must be brought within one year of the date of the act or from the date of the discovery of the alleged act. It was stipulated at the trial that Mrs. Scott's request for review [by a medical review panel under LSA-R.S. 40:1299.47] was filed on August 11, 1980. This is more than one year after the act, but within one year from the time that the evidence shows she discovered that there was something wrong with Dr. Baker's work.

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447 So. 2d 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-scott-lactapp-1984.