QUESTION

What are my rights as a patient regarding my dental problems after hip replacement?

Asked on Nov 26th, 2014 on Personal Injury - New York
More details to this question:
On 11/5/14 I had hip replacement surgery. Days earlier during a preop at the hospital I think one of the many papers I might have signed had to do with anesthesia. I remember telling the nurse that I had just a week before I had a cap put on my front tooth. Just before the surgery a doctor working I believe under the scheduled anesthesia asked me to open my mouth, he looked and said nothing. I again mention about my new cap on front tooth, no response. While they were putting me on the operating table I jokingly said again be careful of my new front tooth it cost me $800, and I don' t have insurance to fix it. It was few days before I realize that the cap was loose. A few days after I was home, I called my dentist who had done the work for the cap. She told me she could recumbent. I made an appointment. When she saw me she gave me bad news and worse news! It wasn't the cap, but that the tooth the cap had been attached to had been cracked. Depending where and how bad the crack was, it could be anything from being able to reattach on what is there & having to have a number of teeth pulled and getting a partial plate or possibly have a metal post put in place for another cap. All of this would be very expensive except for if it could be re-cemented to what is presently there. It is my front tooth and nothing can be determined unil the cap is removed. At that time if it can't be re-cemented it will need to be pulled. This is why I'm trying to find out what my legal rights would be, because I don't have thousands of dollars if the worst case is what I'm going to have to deal with.
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1 ANSWER

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Unfortunately, dental injury is one of the possible outcomes of general anesthesia. If you had delayed the surgery, would that have made the tooth injury less likely? Was there some form of protection they could have used knowing that you had recently had this procedure? Finally, med-mal cases are very expensive and time-consuming, so it may be cost-prohibitive to take on the case regardless of liability issues. Consult an experienced medical malpractice lawyer in your area, consultations are free.
Answered on Dec 01st, 2014 at 9:59 AM

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