QUESTION
Can I bring a claim to recover damages? I had a dental procedure that resulted in an infection, ER visit and hospital admission.
Asked on Oct 11th, 2012 on Medical Malpractice - Kentucky
More details to this question:
I had a dental procedure that procedure that resulted in a double crown procedure. I ended up with a ER visit, hospital admission, double root canal, lost wages, and bills. During the crowning visit the dentist administered a total of 10 sticks into my jaw. She got up in the middle of the procedure and rummaged in a drawer looking for a drill bit that her inexperienced assistant could not find. She returned directly to my mouth without changing her gloves or sanitizing her hands or the drill bit. At the end of the procedure I asked about antibiotics and she stated that I didn¿t need antibiotics and that I should be ok. I feel her negligence to maintain a sterile environment and failure to administer antibiotics prior to or prescribing after the procedure resulted in a Staph or Strep infection that has directly caused me to incur lost wages, thousands of dollars of hospital bills and the cost of the subsequent root canals. My question is do I have ground for a suit?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
at
John J. Ratkowitz
Update Your Profile
Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Oct 12th, 2012 at 1:58 PM