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My father is on Coumadin(a blood thinner). He went to a dentist who pulled his tooth and he had a major bleeding. He had to go to the ER and they had an Oral Surgeon sew his gums. They told us that no dentist was able to just pull his tooth that the dentist should have referred him to an oral surgeon. Do you think we might have a case?
18 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 12th, 2013 at 12:03 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If the dentist knew he was on coumadin, and if oral surgeon or other qualified expert will testify that the dentist should have known that it was unsafe for an ordinary dentist to extract the tooth, you have a case in theory. Unfortunately, you must have catastrophic damages, in the neighborhood of $500,000.00 in medical bills and/or lost wages for a dental or medical malpractice case to be economically viable because they are so expensive to bring into court and the chances of losing even when you have a good case are so great.
Answered on Jun 15th, 2011 at 3:31 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You may have a claim. It not clear as to liability and as to the injuries caused. Luckily he does not appear to have any long term problems. You should discuss with an lawyer.
Answered on Jun 15th, 2011 at 3:02 PM
Theodore W. Robinson
Yes, he likely has a case, but it may not be worth enough for a dental malpractice lawyer to accept it. Remember, it takes a lot of money just to support any type of malpractice case and most attorneys won't take one unless there is a substantial payday at the end. However, it's worth consulting with various malpractice attorneys just to check. Good luck.
Answered on Jun 15th, 2011 at 2:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the dentist knew about the coumadin, or for some reason should not have pulled the tooth, and you have another dentist to back up your position, then you may have a case. It is always a question of whether the dentist followed acceptable standards in the dental field.
Answered on Jun 15th, 2011 at 2:46 PM
Please consult with a medical malpractice attorney. In Indiana and other states, administrative procedures with state medical boards should be complied with before a law suit is brought.
Answered on Jun 15th, 2011 at 2:45 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Whether or not you have a dental malpractice case depends on if the dentists conduct was a departure from the applicable standard of care for dentists in you locale. Only another dentist can answer that for you. But, it seems that the dentist should have asked about Coumadin and maybe should have had the dose skipped or decreased in preparation for the extraction. However, I am not a dentist.
Answered on Jun 15th, 2011 at 11:48 AM
Health Care Attorney serving Beverly Hills, CA
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Trial Law Offices of Bradley I. Kramer, M.D., Esq.
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Too small of a case to sue for.
Answered on Jun 15th, 2011 at 11:36 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Sorry to hear about your father. Well, certainly a dentist can pull teeth. Generally those cases are handled by endodontists and oral surgeons, however. The dentist should have been aware your father was on Coumadin and taken that into account. As for a case, it would depend on what the outcome might have been if an oral surgeon had done the procedure as opposed to a dentist. You should speak to an attorney so you can provide additional information.
Answered on Jun 15th, 2011 at 9:56 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe but probably not enough damages to take the case.
Answered on Jun 15th, 2011 at 9:49 AM
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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Yes, you may well.The question is whether the amount of damages involved justifies bringing the claim.
Answered on Jun 15th, 2011 at 9:46 AM
Dental malpractice is very similar to medical malpractice. In Virginia, such actions are quite difficult for a number of reasons. In this case, the biggest impediment to proceeding is the apparent lack of damages. Are there any bills other than the one time visit to the ER? These cases are expensive and to go forward with hiring an expert, you need to be able to anticipate recovering more than the costs of the case. You should probably talk to a lawyer to see if this is a viable case.
Answered on Jun 15th, 2011 at 9:36 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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You definitely have a case if a dentist will testify that this dentist's actions fell below the standard of care in the community. Oral surgeons will always say that only they should do the surgery. Also, did your father's chart reflect that he was on Coumadin? That might change standard of care. The other issue is what were the medical expenses and pain and suffering. Case may be too small for an attorney to pursue on a contingency.
Answered on Jun 15th, 2011 at 9:31 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Well, the first question is did your dad inform the dentist that he was on Coumadin? I know that medication all to well because I've been on it for the past year and just got taken off of it and put back on 81mg aspirin. I, of course, informed not just my dentist but his dental hygienist of being on Coumadin, and he had some particular medication available in his office when they just cleaned my teeth! In Florida, you've got to jump through a lot of hoops before you can sue a health care provider (including dentists) and if you can find a dentist to say that it's a deviation from the standard of care for a dentist to pull a tooth when the patient is on Coumadin, and that the dentist should have referred your dad to an oral surgeon, then you may have a case but it will cost you as much to hire a dentist to be an expert as you could probably get by way of recovery.
Answered on Jun 15th, 2011 at 9:31 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You may have a case, but it is likely a minor one for the expense, hassle and inconvenience of going to the ER. You might consider making a written demand to the dentist and submit the bills and ask for some amount over that for pain, suffering and inconvenience. If he blows you off, you may consider small claims where you can sue up to $7,500. This is likely not a big enough case where an attorney would be willing to take it on a contingency fee basis.
Answered on Jun 15th, 2011 at 7:44 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You may have a case. The first think you have to find out is whether your father told the dentist about his medicine and the dentist warned your father about the risk of excessive bleeding. You will need to get the dentist's chart notes to see if the warning was properly given.
Answered on Jun 15th, 2011 at 7:44 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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This case is essentially a medical malpractice case. Since I do not practice medical malpractice I would refer you to an attorney that does. Having said that, every case turns on its individual facts. In this type of case whether or not your father has a case depends on what a reasonable medical professional would do under these circumstances. Any good attorney would want to review the medical records and have another expert (dentist and an oral surgeon) review the records too.
Answered on Jun 15th, 2011 at 7:43 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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You might technically have a case as that was careless, but I would not take it as the damages are not anywhere near significant enough...nowhere near. And, I doubt you'd want to pay by the hour to pursue that.
Answered on Jun 15th, 2011 at 7:38 AM