Surgical Malpractice Lawsuit Filed Over Death of 16-Year Old Boy
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.
Did You Know?
Millions of Philips CPAP Machines Recalled
Philips DreamStation, CPAP and BiPAP machines sold in recent years may pose a risk of cancer, lung damage and other injuries.
Learn MoreFollowing 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.
Get more articles like this sent directly to your inbox.
"*" indicates required fields
16 Comments
ColleenJune 16, 2021 at 2:58 pm
I was one of David's nurses and have never been happier to see a man lose his medical license. The unprofessional practice with regard to David and countless others finally resulted in him no longer being a doctor but does not bring peace to many who suffered at his hand sadly. My thoughts and prayers are only for them
aliciaOctober 23, 2020 at 4:20 pm
I have 0 doubt that Dr. Francel saved my daughters life. she suffered from craniosynostosis. Her soft spots were closing and her brain couldnt grow. The dr. in tulsa told me that it was just a birth defect and she would probably "grow into her skull" i demanded a second opinion and God led me to Dr. Francel. we waited hours and hours in his office and i was about to give up when he came in. [Show More]I have 0 doubt that Dr. Francel saved my daughters life. she suffered from craniosynostosis. Her soft spots were closing and her brain couldnt grow. The dr. in tulsa told me that it was just a birth defect and she would probably "grow into her skull" i demanded a second opinion and God led me to Dr. Francel. we waited hours and hours in his office and i was about to give up when he came in. He had been in an emergency surgery for hours and still stayed at his office until at least 7pm to talk to us about chloe. She was 6 months old when he did her surgery. she will be 18 in two days and she is so beautiful, talented, smart and loving. she is a cheerleader and has been since the 1st grade. she is my miracle baby and I have no doubt whatsoever that Dr. Francel saved my babies life. I think of him often and wish i could show him her picture now compared to the day before a few days after surgery.
JaneApril 24, 2013 at 12:02 am
Good! He did surgery on my brother's back and he had constant tingling, numbness in some areas, and he can barely walk. When my brother tried to speak to him about it after the initial surgery, he totally brushed him off and said that it would "heal with time." Well 10 years later he is still feeling the pain.
lorrieMarch 3, 2013 at 10:40 pm
Dr did surgey on my neck 2006 , and i have had pain headacks, numbness tingle buring in my whole body, I have been to doctor after doctor,I have bad nerve damages, ALL over.
RoselleDecember 20, 2011 at 6:26 am
Dr PFM performed a medical procedure on my husband back in 1995! On his lower back, he has a plate four screws & cadaver bone in his hip which left him with no sensitivity whatsoever.. he has numbness, tingling, burning & his leg shrunk down in size three sizes! Not only that his back has deteriorated so bad he can barely walk at the young age of 44!!! He has been suffering since day one o[Show More]Dr PFM performed a medical procedure on my husband back in 1995! On his lower back, he has a plate four screws & cadaver bone in his hip which left him with no sensitivity whatsoever.. he has numbness, tingling, burning & his leg shrunk down in size three sizes! Not only that his back has deteriorated so bad he can barely walk at the young age of 44!!! He has been suffering since day one of his surgery not to mention they rehab the wrong side of body for a whole year because of an error of misreading a bone scan report.. Love the doctor's who hear you but, don't fully listen!! ARROGANT BASTARD'S!!!!! Thank You For Listening,
JoyceAugust 9, 2011 at 2:41 pm
I am a woman of sixty, diagnosed in 2003 with trigeminal neuralgia(considered the the most painful condition known to medical science). After years of uncontrollable bouts with pain I was directed from Tulsa to Ok. City to confer with Dr. Francel l found him very concerned and compassionate. His knowledge of my condition was amazing . He introduced my husband and I to a procedure called gamma[Show More]I am a woman of sixty, diagnosed in 2003 with trigeminal neuralgia(considered the the most painful condition known to medical science). After years of uncontrollable bouts with pain I was directed from Tulsa to Ok. City to confer with Dr. Francel l found him very concerned and compassionate. His knowledge of my condition was amazing . He introduced my husband and I to a procedure called gamma knife. We talked about it for weeks, then decided to try it, by this time I was ready for some relief. The procedure was non-evasive but we were informed of the success other patients had experienced. I had ten welcomed pain-free months but I knew going in the possibility of its return, I simply prayed for the best. I 'm sorry for Dr. Francel's trouble but he and his office were nothing but great for me. I live each day in pain,but I don't equate this to the care I received at the hand of this man.
L. PATTERSONSeptember 28, 2010 at 7:24 pm
Is Dr. Francel gifted? No doubt. Is he intelligent? No doubt. Is he a man of God? Only he and God know that. Anyone can proclaim to be anything and that wasn't my reason for pursuing his talents. If I ever need another Neurosurgeon and he was still practicing medicine, would I go back to him? NO! Back in March 2007, I had the ALIF procedure with three disk replacements. A few days a[Show More]Is Dr. Francel gifted? No doubt. Is he intelligent? No doubt. Is he a man of God? Only he and God know that. Anyone can proclaim to be anything and that wasn't my reason for pursuing his talents. If I ever need another Neurosurgeon and he was still practicing medicine, would I go back to him? NO! Back in March 2007, I had the ALIF procedure with three disk replacements. A few days after being released, I began experiencing problems and weird symptoms. Francel or his office didn't provide adequate/helpful aftercare. Each time my husband called Francel's office and spoke to the on call nurse, her attitude was appalling and basic sentiment was that they performed the surgery and there was nothing else they could do. My husband is a very laid back kinda guy, but each time he contacted their office and received nothing but grief, he was angry to say the least and had enough. After two trips to the ER, another MRI, Ct scan and X-Rays (reluctantly prescribed by Francel), Francel's office personnel sent me to a PMS (Pain Management Specialist). Wonderful man and good detective. After reviewing the gallon size baggie full of prescriptions I was taking, (prescribed by Francel's office because they didn't know what else to throw at me) the nurse took my temp and then the Dr. looked at my incision. No one from Francel's office ever asked to look at my incision or asked my husband to look at it, no one in the ER looked at it either. I had a simple infection and not one member of the medical staff was smart enough to figure it out. The loritab I was taking was keeping my fever down, so I guess everyone assumed there couldn't be infection. You know what they say about "assume"? ha I just wish there could be some kind of punishment for Francel's nurses too. Both were so HATEFUL, RUDE, and INDIFFERENT to my symptoms and neither had smarts enough to put two and two together and question an infection!!!!! Five months later, I was still having back issues and wound up having another surgery in August 2007. PLIF with rods, screws and fusions. My husband wanted me to join the lawsuits against Francel, but I didn't have the mental or physical energy to deal with Francel or his personnel. Just now able to address pursuing and investigating why I still have severe back pain. Had another MRI yesterday and referred to another neurosurgeon. I will also investigate his office personnel and nurses. Francel should've done the same with his!!!! I understand things aren't perfect, many things out of his control, and things do go wrong, but he failed one simple assesment. That was to make sure those who worked with and for him were capable as well!
QuinnJuly 2, 2010 at 12:31 pm
I find it hard to believe, and in fact, improbable & iimpossible that Dr. Paul Francel was responsible in any way for David Kurbanov's death. Dr. Francel is the most dedicated, compassionate, loving, and knowledgeable neurosurgeon, of whom I have had the pleasure to meet and become well acquainted with. I have hydrocephalus and was under Dr. Francel's care for 11 years. Not once did he ever[Show More]I find it hard to believe, and in fact, improbable & iimpossible that Dr. Paul Francel was responsible in any way for David Kurbanov's death. Dr. Francel is the most dedicated, compassionate, loving, and knowledgeable neurosurgeon, of whom I have had the pleasure to meet and become well acquainted with. I have hydrocephalus and was under Dr. Francel's care for 11 years. Not once did he ever fall down on the job, neglect me, or do ANYTHING to put my life in jeopardy. In fact, if it were not for Dr. Francel, it would never have been discovered that I have slit ventricle syndrome, a complication of hydrocephalus, that was plaguing me and making me extremely sick and debilitated. It seems to me that it was obvious from Mr. Kurbanov's diagnosis, that a tumor on the brain stem would have most likely eventually led to his death, since the brain stem is the portion of the brain that controls autonomic functions that keep a person alive. Dr. Francel is a fine, dedicated, Christian man, who has always had a compassionate heart for his patients and has provided the utmost delicate and dedicated care. There is no way that Dr. Francel would have performed that particular procedure for publicity, nor would he have performed it in such a way, as to be negligent and put the young man's life in danger.
lynJune 21, 2010 at 8:15 pm
Me too julie and I don't know what to do about it. He did save me from being paralyzed but he told me I could live a normal life. That I could do anything. I have nerve damage in right leg , pain constantly, it hurts to sit, to stand and when I lay down it feels like the rods are coming out at each end! I have missed tons of work and I can't do everyday things.
SomeonesomewhereJune 19, 2010 at 3:24 am
Dr. Francel is an amazing Christian man and these charges are absurd. People, especially the media need to get their facts straight! Have you ever even talked to the man and asked him about it?
JulieMay 21, 2010 at 3:01 pm
I was told by Dr. Francel that he was going to put artificial disks in my back and according to another sugeon there are no such things in my back. I have suffered extreme pain ever since my surgery and have had to do pain management since that day. Each time I went to Dr. Francel to discuss the ongoing issues, I felt I never got his attention. His phone was always in his ear and he would have [Show More]I was told by Dr. Francel that he was going to put artificial disks in my back and according to another sugeon there are no such things in my back. I have suffered extreme pain ever since my surgery and have had to do pain management since that day. Each time I went to Dr. Francel to discuss the ongoing issues, I felt I never got his attention. His phone was always in his ear and he would have conversations with other people on it while I was trying to get him to help with my pain. I realize some people may have had success but there are those of us who didn't.
LisaMay 21, 2010 at 3:29 am
It is with deep regret that we had to hear of Dr. Francel's surrender of his medical license. In 1996, we were told that my five year old son had a brain tumor. As you can imagine, we were devistated. Without knowing the future outcome, we were transferred from St. Anthony to Children's Hospital where we were introduced to Dr. Francel. With more confidence and compassion than I had ever seen i[Show More]It is with deep regret that we had to hear of Dr. Francel's surrender of his medical license. In 1996, we were told that my five year old son had a brain tumor. As you can imagine, we were devistated. Without knowing the future outcome, we were transferred from St. Anthony to Children's Hospital where we were introduced to Dr. Francel. With more confidence and compassion than I had ever seen in any other physician, we look at my son's CAT scan, told us that he could say with 98% certainty that the tumor was benign and that he would be able to remove it with no problems. And that is exactly what he did. God has blessed Dr. Francel with a great talent and desire to help people.. My son contiuned to be his patient until 2003 when he was released from Dr. Francel's care with a clean bill of health. In addition, he also performed surgery on my mother several years later. Again, with very positive results. Because she had seen how he took care of her grandson, she never hesitated to place herself in Dr. Francel's care. We are praying for Dr. Francel and his family and hope that he is able to have his medical license reinstated so that he can contiinue to help others.
BrittMay 12, 2010 at 9:45 pm
Thank you Dr. Francel for the great job that you have done for me. I have Parkinson's and the DBS ( Deep Brain Stimulator ) that you put in me to control my tremors is working wonderful. I play golf several times a week and without your genius and talent My life would be very different. I would most likely have to have care 24/7 and not be able to drive and get out and do the things that i enjo[Show More]Thank you Dr. Francel for the great job that you have done for me. I have Parkinson's and the DBS ( Deep Brain Stimulator ) that you put in me to control my tremors is working wonderful. I play golf several times a week and without your genius and talent My life would be very different. I would most likely have to have care 24/7 and not be able to drive and get out and do the things that i enjoy. I hope you have success in you litigation that you are going through and are able to get back you medical license and are able to help people such as myself.
georgeDecember 7, 2009 at 9:14 pm
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 [Show More]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,,,,
GenoSeptember 4, 2009 at 2:57 am
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 w[Show More]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.
BetteMay 4, 2009 at 12:42 pm
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[Show More]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.