He did pay my medical expenses but my eye still really hurts. The injury caused 3rd degree burns over 80% of my eye. Yet HIS opthomologist says I'm better after 2 months and any residule pain should go away. Basically she's predicting a full recovery, she told me she didnt know what the future could possibly hold reguaurding glaucoma etc.... I'm not seeing 20/20 which I was before, never wore a pair of glasses in my life. Yes, my eye looks better (if youre not looking right at it). However, it IS killing me. Direct light hurts it (and I live in California) and when it's windy it's excruciating on my eye. I had 3rd degree burns over 80% of my eye.....so it's hard to predict what will happen with this eye. NO proper eye wash station and chose to FINISH his root canal before getting me help
You need to immediately consult with a personal injury lawyer. Your attorney will need to get you examined by an opthalmologist to examine you and assess the nature and extent of your eye injuries. The eye doctor will need to determine whether you have suffered any loss of vision, whether it is temporary or permanent, the likelihood of cataract formation, the type of future treatment you may need, and the cost of that treatement. The eye doctor will also have to address the issue of pain to assess whether the pain will subside, or whether it will be long term. Consult an attorney immediately. Best of luck!
Getting sprayed in the eye with bleach during a dental procedure would not be within the acceptable complications... and bleach to the eye can cause permanent problems... competent and UNBIASED treatment by an ophthalmologist would be a must for such a victim... that, and representation by an attorney who fully understands medical conditions including trauma such as chemical splashes to the eye.
Since many of us medical malpractice lawyer types offer free consultations and take personal injury cases on a contingent basis, there really is nothing to fear in calling us. In fact, just the opposite... we invite people to call us!
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
www.fransenandmolinaro.com / www.888MDJDLAW.com
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The time for filing a malpractice case here in California is one year from the date that this incident happened. I strongly suggest you get a copy of all of your records from everyone that you've seen regarding this incident. It sounds like you should probably seeing ophthalmologist of your own choosing to get an independent evaluation and examination as to the potential for any future for permanent injuries and damages.
The endodontist owed you a duty of care to take precautions from not hurting you. Here, the endodontist likely squirted you on accident, however, the endodontist owed you the duty not to squirt bleach into your eye or face. The endodontist was negligent by breaching his/her duty owed to you, the patient and because of such a breach you were harmed. To have continued the root canal and help you acquire medical assistance to subdue the harm that you were caused can lead to punitive damages. Such behavior is reckless.
You may likely have a case for negligence against the the endodontist practice as the principal (under respondeat superior) and the endodonist as the one who caused the negligent act. Respondeat superior means that the business must answer for the wrong doing of their employees while employees were working within the scope of their employment. Here, the endodontist was helping to perform a root canal so they were likely to be found within their scope of employment. When bringing a lawsuit, your attorney will sue the practice and the employee, the endodontist.
You have been injured physically at the present time and may face further injury/incapacity in the future. The injury you have gone through may have effected your personal and professional life.
Please consult a personal injury attorney as soon as possible since the statute of limitations has likely began to run. The statute of limitation is the amount of time given to a plaintiff in regards to how long they have to file a claim/lawsuit/complaint against a defendant for wrongdoing. Personal injury such as this has 2 to 3 years to file but the sooner the better since things can change over time.
Regardless of any legal issue, you should first consider your health and the future of your eyesight. You are describing both painful and functional issues with your vision, and you should get independent advice (from someone who is not associated with, or referred by, the office that caused the injury) to assess the current health and prognosis for your recovery.
All counsel have given good advice about the potential for alleging your legal claims through a negligence action and the time constraints, but again stress to take care of the health issue as well as the legal issues. Wishing you a speedy and complete recovery.
Getting bleach in the eye may be outside dental practice/malpractice and may give you a cause of action for negligence, giving you a longer time to bring the action and no limits on damages like there are with malpractice actions. More facts need exploration, and you need to get a lawyer and take care of your case and your eyes immediately.
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