Surgical Malpractice Lawsuit Filed Over Death of 16-Year Old Boy
Published: February 17th, 2009 • Comments: 3
The family of a 16-year old Russian boy who died after a brain stem operation in 2006, has filed a surgery malpractice lawsuit against the doctor who performed the risky procedure for free to gain publicity. The wrongful death lawsuit is one of at least a dozen malpractice claims pending against the Oklahoma City surgeon.
The lawsuit was filed on February 10, 2009, in Oklahoma County District Court, against Dr. Paul Francel. The complaint alleges that Dr. Francel’s medical negligence left a young patient, David Kurbanov, brain dead and eventually contributed to his death the following year.
Dr. Fracel performed the risky and much publicized operation in October 2006 after doctors in Moscow found a tumor in Kurbanov’s brain stem, effecting the portions that control swallowing, appetite and balance.
Following the surgery, Kurbanov went into a coma and was declared brain dead in November 2006. He died in June 2007 at the age of 16.
The family’s surgical malpractice lawsuit alleges that Dr. Francel was more interested in self-promotion through the media coverage of the risky surgery and provided care that was below the acceptable medical standard.
According to the Associated Press, Dr. Francel currently faces at least 12 medical malpractice lawsuits filed since June 2007 and is being investigated by the Oklahoma Board of Medical Licensure and Supervision. He has agreed to stop practicing medicine while the investigation is continuing.
The Oklahoman reports that another of Francel’s patients, Lucas Berry, filed a surgery error lawsuit against the surgeon alleging that he used the wrong size of rods during a herniated disc surgery in 2007. Berry claimed he suffered permanent injuries and required two additional operations.
Comment by Bette on 4 May 2009:
Dr. Francel replaced two herniated discs, with artificial discs in my lower spine At the time I was unable to walk or stand. He inserted 2 titaniam rods and 6 screws. Within less that 3 months, I was back working in my garden and flower beds. I have had “no” nerve pain since the day of surgery. I feel he is a very gifted surgeon and a wonderful Christian man. Any time you go under anesisetic and undergo surgery, there is always a risk of something going wrong. I feel Dr. Francel did and always has done the best he could. He is very skilled and has saved many lives with his God given talents.
Instead, of suing such a great surgeon, why not get rid of the lawyers that are just looking for accidents, so they can sue and see just how much money they can receive.
I personally know of another case that saved a young man’s life in 2000. If Dr. Francel had not operated on this boy, put two shunts in his brain and cared for him ever since, he would not be alive today.
Next week he will be 14 and participating in the Special Olympics in Stillwater. May 20, he will graduate from 8th grade. Tell me, Dr. Francel is just in it for the money and notariaty.
It is certainly a shame, people only look for the bad things that happen, and not the many good and possitive things a person like Dr. Francel do.
I feel through all this negative reporting, society has lost an extremely talented surgeon, who could be helping many individuals lead a better life thru his skills of neurosurgery.
I think the offer, (below) to anyone to contact a lawyer is the reason we are losing our well trained and talented Drs. today.
Comment by Geno on 3 September 2009:
It is with great regret that I heard about Dr. Francel’s situation. In 1997 I was diagnosed with a malignant brain tumor in my pons. No one would operate because of the location of the tumor and the risk involved. Paul Francel was the only one who would risk the operation. My boys were 7 and 9 today they are 18 and 20. I have seen a lot of baseball games those boys have played thanks to this man who took a risk no one else would. Thank you for taking that chance because of you I have had 12 good years instead of 6 months. I am sorry for the families loss. I wish they could have had the same outcome I did, but evidently you were willing when most were not. You have created enemies because you have done things other Oklahoma neurosurgeons would not risk. I am alive when 6 other Oklahoma neurosurgeons gave my family no hope. The envious resent the more talented, I would love to name the names of some of your detractors that condemned me to preparing a will and leaving two boys fatherless because they lacked the skill and courage to attempt and achieve what you did with me; what you tried to do for the Kurbanov family.
Comment by george on 7 December 2009:
I also am a patient of Dr.francel and can only hope that these vultures would leave this man alone.I spent a good deal of time with paul and his staff in the office preparing for my three level cervical fushion.Dr. Francel told me what I was in for from the beginning to the end.My heart goes out to those who havent had the best of outcomes from their surguries.But if you would have taken the time to really know this gentalman you would realize there is NO WAY he would ever do an proceedure that he didnt think the chances of someones life would be affected for the better not worse.Ive lived my life studying peoples personalities and integreties,sometimes my own life depending on who someone was wheather or not I could make it through a certain situation or not ,and today I would put my life or my children life in this mans hands if it ever come to that.Im suffering with a keari or however you spell it today and Francel has stopped practicing. Anyway what does a person have to do today to protect himself against these vulture that are out there looking for a free ride .My family and myself wish you DR. Francel the very best and hope all yor hard work and GREAT talents that GOD has given you dosent go to waste,,,,