Kelly Turkoly sued Dr. Robert Gentile for medical malpractice and breach of contract after receiving multiple cosmetic procedures from him that were botched. Dr. Gentile convinced Kelly to get several procedures but he did not complete the agreed upon work, cut her forehead from temple to temple, injected fat from her thighs under her eyes instead of Botox, and did not get her consent for some services. Both parties did not receive a benefit from the contract, constituting a breach. The contract also violated several consumer protection laws. The case went to trial over eight days, with testimony from experts. The jury awarded Kelly $1.5 million for Dr. Gentile's negligence, $2 million for medical battery and

1. Kelly Turkoly v. Dr. Robert Gentile
and important legal terms

2. 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.

3. Dr. Robert
Gentile
Kelly Turkoly
V.

4. He Convinced her to get a
Endoscopic Forehead Lift,
Laser Skin Rejuvenation,
Botox Injections, and the
eyelid repairs.

5. 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.
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!

7. 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

8. 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 is the process of
filing claims in court and ultimately going
to trial.

9. • 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

10. 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.
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.

11. Dr. Gentile was
Negligent and cause
the Plaintiff pain and
acted unethically!

12. By: Veronica Mendoza
2014
Brookline College
Bu 299