final presentation breach of contract
TRANSCRIPT
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