QUESTION

Do we have a case of dental negligence/malpractice?

Asked on Jan 02nd, 2014 on Personal Injury - New York
More details to this question:
About a month ago, my dad went in to see his dentist for some standard work, such as fillings and crowns. Within a week's time, he started to experience pain in his lower back. Initially, we assumed it to be back spasms and sought treatment from Urgent Care but only received a prescription for pain medication. The pain and numbness eventually left him unable to walk. After 2 surgeries and 2 weeks in ICU, they concluded that the infection (diskitis) was compatible with that of dental work, as the bacteria found in the infected areas are ones commonly of the mouth. Does this sound like a case of dental negligence or malpractice?
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9 ANSWERS

Criminal Law Attorney serving Columbia, SC at O'Leary Associates, P.A.
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You need to see an attorney and secure, through that attorney, an expert to evaluate the medical records. The attorney would request medical records both from the hospital and dentist.
Answered on Jan 07th, 2014 at 1:52 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No. infection is a risk with any surgical procedure. I doubt if you can prove where the bacteria came from and went to, and I doubt if you could prove that one caused the other. Infection being common there is no guarantee about it.
Answered on Jan 07th, 2014 at 4:50 AM

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Edwin K. Niles
These are difficult cases. Please ask for a free conference with a med mal lawyer.
Answered on Jan 07th, 2014 at 4:50 AM

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James Eugene Hasser
It takes the opinion of the medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Jan 07th, 2014 at 4:49 AM

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Michael Eric Wasserman
There are guidelines for pre-medication with antibiotics to prevent bacteremia's that occur during dental work from causing harm to the vulnerable locations in the body and even pre-medication is known not to prevent those problems. Did your father have a known and disclosed medical condition that required pre-medication with antibiotics or would make him susceptible to infection? If not, it doesn't sound like there is a claim though with the severity of the harm, it could be justified in getting records to resolve the question from everyone's mind. It would require the expense of obtaining records and having them reviewed to determine if there is a viable claim. If you do some research you will see that the bacteremias that are caused by dental work can also be caused by daily function such as eating or brushing your teeth so the discovery of bacteria found in the mouth would be difficult to pinpoint to only the dental treatment.
Answered on Jan 07th, 2014 at 4:48 AM

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Personal Injury -- Plaintiff Attorney serving Cleveland, OH at Mishkind Law Firm, Co., L.P.A.
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It depends on a number of issues. First it will be necessary to know whether your father had any medical conditions that required antibiotic treatment prior to dental care. Next, it will be important to know what tests were run at the time he went to the urgent care center and what exactly was the bacteria that was cultured when he was ultimately diagnosed with the disc infection. Your father should consult with an experienced medical negligence attorney to see if this infection was preventable and whether it should have been treated sooner so as to avoid the injury that he sustained.
Answered on Jan 07th, 2014 at 4:47 AM

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Personal Injury Attorney serving Milwaukee, WI
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I think it might be difficult to prove negligence on the part of the dentist. The only way to determine that will be for your father to contact a lawyer who handles dental malpractice cases. The lawyer can determine whether the case should be pursued. The statute of limitations for dental malpractice cases in Wisconsin runs three years from the date of injury. That will be your father's deadline for filing a case, if it is determined that there is a valid case to pursue.
Answered on Jan 07th, 2014 at 4:46 AM

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Ronald A. Steinberg
Why ask a lawyer? Ask a dentist. If the dentist says yes, then sue.
Answered on Jan 07th, 2014 at 4:46 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Dental infections are more often associated with extractions and root canals than "standard work". You would have to show that the dentist did something to cause the infection (such as failure to sterilize instruments) rather than that your father just happened to pick up the infection at the dentist.
Answered on Jan 07th, 2014 at 4:46 AM

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