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Estate of Fontes v. Salomone6/3/2003
This appeal concerns the tragic death of Antonio A. Fontes, Jr. (Fontes or Mr. Fontes), who died because he did not receive proper medical care. The plaintiff, Leeann Fontes (plaintiff), filed a wrongful death action as the administratrix of Fontes's estate against defendants, John L. Salomone, D.D.S. (Dr. Salomone) and his employer Ocean State Endodontics, Inc. (OSE) (collectively referred to as defendants). A jury found Dr. Salomone liable for the negligent medical care of Fontes. The defendants now appeal, arguing that the trial justice erred when he decided (1) not to grant their motion for judgment as a matter of law, and (2) not to instruct the jury on the affirmative defense of superseding intervening cause. We disagree with the defendants and deny and dismiss the appeal. The pertinent facts are as follows.
I. Facts and Travel
On December 12, 1995, Mr. Fontes went to Dr. Salomone's dental office for a root canal. Doctor Salomone prescribed penicillin but did not actually perform the root canal until December 27, 1995. On that day, Dr. Salomone performed the root canal on Fontes's number twenty tooth. On January 10, 1996, two weeks after the root canal, Mr. Fontes returned to Dr. Salomone's office complaining that he was experiencing pain in the general area of the root canal. Doctor Salomone treated Fontes at that time, but Fontes returned five days later and complained that the symptoms had worsened. Doctor Salomone's partner Patrick Morganti, D.D.S. (Dr. Morganti) treated him and determined that the real problem was with tooth number eighteen. Doctor Morganti performed a root canal on tooth number eighteen.
On January 16, 1996, Fontes returned to Dr. Salomone's office complaining of continued pain and swelling on the left side of his mouth. Doctor Salomone prescribed more penicillin but Fontes reported the following day that he was now experiencing swelling on the right side of his mouth. On January 18, 1996, Fontes again returned to the office, complaining of increased swelling and difficulty swallowing. At this point, Dr. Salomone referred Fontes to Stephen T. Skoly, D.M.D. (Dr. Skoly), who is an oral surgeon.
Fontes saw Dr. Skoly for treatment at approximately 2 p.m. on January 18, 1996. Doctor Skoly diagnosed Fontes with impending Ludwig's angina and stated in the discharge report that Fontes would have to be hospitalized immediately for surgical incision, drainage and eventual procurement of a safe airway to ventilate him. Doctor Skoly told Fontes that if he did not go to the hospital immediately, he would die before the end of the evening. Doctor Skoly added in his discharge report that "we'll meet him in a few minutes" at the hospital.
Fontes arrived at the hospital at 2:43 p.m. and underwent preadmission testing and evaluation until 3:50 p.m., when he was admitted to the holding area. At that time, Fontes was evaluated and prepared by the anesthesiologist, Dr. Prinscott, who performed a preanesthesia assessment and began administering intravenous fluids, which took approximately thirty minutes. Doctor Prinscott remained with Fontes in the holding area until Dr. Skoly arrived around 5:30 p.m., and Dr. Prinscott began administering anesthesia ten minutes later.
Before all the anesthesia could be administered and surgery could begin, Dr. Prinscott attempted to establish a secure airway by performing a fiberoptic nasal intubation on Fontes in the operating room. After several attempts, Dr. Prinscott determined that swelling in Fontes's throat created an unsafe condition in which to perform a fiberoptic intubation. He decided that the better course of action would be to perform a tracheostomy.
At this
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