A Texas oral and maxillofacial surgeon has been found liable for a patient's chronic injuries after a botched nasal procedure and several failed attempts to correct it resulted in permanent scarring.

A jury awarded Arthur W. Allen $450,000 in April, concluding that the improper care and treatment he received at the hands of R. Theodore Fields Jr., DDS, PhD, caused and will continue to cause him physical pain and mental anguish, loss of earning capacity for himself and the company he runs, physical impairment and significant medical expenses.

Mr. Allen sued Dr. Fields in a state court in Dallas, alleging that the surgeon was derelict in his duty as a healthcare provider to exercise a sufficient standard of care and diligence; was negligent in his failure to inform, diagnose and treat the patient; was negligent in performing inappropriate and unnecessary surgical procedures and neglecting to consult a specialist; and violated state labor laws by collecting fees through fraud or misrepresentation.

According to court records, Mr. Allen consulted Dr. Fields on Sept. 8, 2005, complaining of breathing difficulties. Dr. Fields recommended nasal septoplasty, partial turbinectomies and a bilateral Caldwell Luc, which he performed on Sept. 30.

After the surgery, however, Mr. Allen still suffered difficult breathing, plus nasal pain, post-nasal drainage, loss of taste and sleeping difficulties. An Oct. 18 examination revealed poor healing in the left maxillary sinus. The physician cut into the wound to "explore and irrigate" the site, an action he would repeat a month later.

His follow-up efforts didn't stop Mr. Allen's suffering. By January 2006, his complications included bleeding and constant jaw pain. Twice more, Dr. Fields opened the wound to excise scar tissue. During what would be Mr. Allen's final examination with him on April 20, 2006, Dr. Fields said he planned to consult an ENT specialist.

He never followed up with Mr. Allen, despite the patient's repeated attempts to make contact. Even after Mr. Allen consulted other ENT specialists for diagnosis and additional surgeries, Dr. Fields refused to release his medical records.

Dr. Fields did not return a telephone call seeking comment. Attorney Bruce S. Campbell, who served as his defense counsel in the lawsuit, declined further comment on the case.

David Bernard

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