There may be negligence on account of the standard of care requiring antibiotics for an infection that was already present. That an oral surgeon needed to address this later is indicative of harm resulting from that negligence. In other words you may have a case. The problem is that the harms, while devastating to you, may not add up to much in actual damages (a few thousand dollars as opposed to hundreds of thousands of dollars). This makes this type of case difficult as lawyers are generally unwilling to risk many thousands of dollars in costs to bring forward a medical negligence case with only a few thousand in damages. Your idea to seek medical costs is a good one. I recommend you contact www.lawyers.com or the Oregon State Bar Referral Service at 503- 684-3763 to find an attorney who may be willing to write the letters and try to negotiate a settlement at low cost to you.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Dec 26th, 2011 at 12:29 PM