QUESTION
What can be done if my daughter had her four wisdom teeth pulled a month ago and the Oral surgeon admitted that he pulled an extra molar wrongfully?
Asked on Apr 30th, 2013 on Personal Injury - California
More details to this question:
My 18-year-old daughter had her 4 wisdom teeth pulled a month ago. While in recovery form general anesthesia. The oral Surgeon admitted to my wife about pulling the wrong 2nd lower molar thinking it was one of her wisdom teeth. He said that he pulled an extra molar making a total of 5 teeth (4 wisdom teeth and one mistakenly pulled 2nd lower molar). She also suffered some complications including parenthesis of the lower left lip and chin and multiple bony sequestrate from the lower right jaw causing her more pain when she try to eat. Is this considered malpractice, should we pursue legal action? Thanks.
15 ANSWERS
This is definitely malpractice, and you should pursue it.
Answered on May 23rd, 2013 at 1:54 PM
Ronald A. Steinberg
You need to consult with a dental malpractice lawyer. I know one in Michigan, but not in any other state. You will have to prove that the paresthesia resulted from the pulling of the wrong tooth, as opposed to any of the other wisdom teeth, and I think that you are going to have a problem with that. The mandibular nerve runs along the jaw bone, and occasionally, the root or one or more teeth may actually envelope the nerve and when the tooth is pulled, there is trauma to the nerve. That does not mean there was malpractice.
Answered on May 07th, 2013 at 3:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like clear case of malpractice (a little like cutting off the wrong leg, it is obvious) I don't know the language you use about the other problems and don't know if this is part of the malpractice problem or something else. See a good PI lawyer and give him all the facts a tooth is worth something but it is not worth a lot so don't get the idea that you are going to be rich. You won't.
Answered on May 07th, 2013 at 2:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Dental malpractice cases are generally difficult to prove, as well as expensive and time consuming. A claimant must prove a failure to conform to accepted practice, and resulting injury as well. From your statement, it seems that the oral surgeon pulled the wrong tooth and admitted doing so. Given your daughter's youth, the permanency of the loss, and the admission of error, this may be a matter worth pursuing.
Answered on May 07th, 2013 at 2:33 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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It appears that the surgeon's conduct falls below the standard of care. You should consult with an attorney before doing anything further.
Answered on May 07th, 2013 at 2:01 PM
Personal Injury Attorney serving San Diego, CA
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Law Office of Evan M. Himfar
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Generally, medical malpractice occurs when a healthcare professional breaches the standard of care when providing treatment to a patient. This breach must then cause injury to the patient in order for the patient to have a medical malpractice case. A standard of care is a technical term that refers to the generally accepted procedures and practices that all healthcare practitioners in the area would use when treating a patient suffering from a specific disease or ailment. This standard of care can vary depending on a number of factors, including the patient's age and overall health. It is not enough, though, to establish that the doctor breached, or did not follow, the standard of care. You must also prove that this breach directly resulted in the injury. This can be a difficult step to prove and often requires the assistance of expert witnesses.
Answered on May 07th, 2013 at 1:58 PM
John Hone
Your daughter has a claim for dental malpractice.
Answered on May 07th, 2013 at 1:51 PM
James Eugene Hasser
It sounds like it to me, but I'm no Dr. You will need another oral surgeon willing to testify under oath that her surgeon messed up. You may want to run that by a lawyer that does medical malpractice cases. Good luck.
Answered on May 07th, 2013 at 1:41 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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You and your daughter ought to see a malpractice attorney for consultation. SE very well may have a case, certainly for the extra tooth extracted.
Answered on May 07th, 2013 at 1:39 PM
Monica Cecilia Castillo-Barraza
Probably best to get a second opinion from another oral surgeon.
Answered on May 03rd, 2013 at 2:56 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on May 03rd, 2013 at 2:55 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Go consult with an attorney who is experienced in handling malpractice cases against health care providers. There's too many hurdles for you to try to jump yourself.
Answered on May 03rd, 2013 at 2:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is a potential malpractice and other dentist or oral surgeon would testify to that fact. On the other hand, please realize that many of the side effects of the surgery which you have listed our normal and anticipated and probably not directly attributable to the polling of the additional tooth. I suspect that this would be a difficult case to prove.
Answered on May 03rd, 2013 at 2:46 AM
1 Award
From your description of what happened, it certainly sounds like a case of dental malpractice. Your daughter's options would be to try to settle the case herself, or to hire a lawyer to help her settle the case. I think you are safer having a lawyer help your daughter with the case to be sure your daughter receives fair compensation and that all the bases are covered. The statute of limitations for filing a case will run three years from the date of the extraction.
Answered on May 03rd, 2013 at 2:35 AM
Michael Eric Wasserman
Pulling the wrong tooth or an additional tooth without consent is professional negligence. Your daughter would be entitled to compensation, including the cost of replacing the wrongfully extracted tooth. Paresthesia, numbness or altered sensation of the lip and chin is potentially a significant claim. Sometimes sensation does return within six months to a year but it can be permanent dependent upon the damage to the nerve. This is a type of case that requires assessment to determine if there is damage beyond the wrongfully extracted tooth.
Answered on May 02nd, 2013 at 11:21 PM