RAFAEL MARQUEZ, Plaintiff(s), vs. SHIMON RABBANI, D.M.D., ET AL., Defendant(s).
CASE NO: BC609632
[TENTATIVE] ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND
1. Background Facts
Plaintiff, Rafael Marquez filed this action against Defendants, Shimon Rabbani, D.M.D. and Shimon Rabbani, D.M.D., Inc. for dental malpractice. Plaintiff’s complaint alleges, essentially, the following:
• Defendant informed Plaintiff he needed a molar extraction;
• Defendant failed to inform Plaintiff the extraction should be done by an oral surgeon;
• Defendant is not an oral surgeon;
• Plaintiff was awake during the procedure. Shortly after the procedure started, Defendant uttered that “another tooth” was also coming out and that the procedure needed to be aborted. Plaintiff felt pain and began bleeding;
• Plaintiff subsequently saw an oral surgeon, who told him Defendant used excessive force and broke off a large portion of his jaw, which created a fistula between his oral and sinus cavities, requirin
Hearing Date
January 13, 2017
Type
Othr Profes Health Care Malpractce (General Jurisdiction)
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RAFAEL MARQUEZ, Plaintiff(s), vs. SHIMON RABBANI, D.M.D., ET AL., Defendant(s).
CASE NO: BC609632
[TENTATIVE] ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND
1. Background Facts
Plaintiff, Rafael Marquez filed this action against Defendants, Shimon Rabbani, D.M.D. and Shimon Rabbani, D.M.D., Inc. for dental malpractice. Plaintiff’s complaint alleges, essentially, the following:
• Defendant informed Plaintiff he needed a molar extraction;
• Defendant failed to inform Plaintiff the extraction should be done by an oral surgeon;
• Defendant is not an oral surgeon;
• Plaintiff was awake during the procedure. Shortly after the procedure started, Defendant uttered that “another tooth” was also coming out and that the procedure needed to be aborted. Plaintiff felt pain and began bleeding;
• Plaintiff subsequently saw an oral surgeon, who told him Defendant used excessive force and broke off a large portion of his jaw, which created a fistula between his oral and sinus cavities, requirin