Back in the Fall, I was diagnosed with a benign tumor where my rear molar was. I was sent to a specialist who handles many cases like this. The plan was to remove a 2 cm square area of the gums, remove some of the bone underneath, sew me back up and recover. About 6 weeks after the surgery, the dr. said I was fine and on the road to recovery. One week later, I get sudden pain in the area that sends me to the ER. A piece of bone fragment had broken off from the jaw and infected the area. Apparently the bone had naturally broken off during the rebuilding process. I went in for surgery #2 to fix this. He dug down deep to scape out the nome fragment, prescribed some antibiotics, and I was now on the road to recovery. A week later, I ended up in the ER again. The integrity of the jaw was compromised so much from the last surgery that the digging out of the fragment did more damage. This time, they found out that my jaw had been fractured. X-Rays clearly showed that my jaw was now fractured from the previous surgery. I now have a titanium plate, a 4 inch. scar on my neck, and I can only drink liquids for the next 4-6 weeks.
You need to immediately retain a personal injury attorney. The standard that applies here is whether the dentist acted as a reason dentist would have done for the procedures that you undertook. Based upon your facts, the first surgery appears to meet this standard. However, the second surgery is suspect. Your attorney will get your medical records and make a determination on how to proceed with your claim.
Using their find an attorney feature, Avvo has personal injury attorney in the Tacoma area that can assist you. Most offer free initial consultation. Personal in jury attorneys work on a contingency fee basis and you will not have to pay any attorney fees. Good luck.
Sorry to hear this. Your description of what happened certainly warrants your consulting with a local medical malpractice lawyer. There are risks involved with surgical procedures, and it is possible that what happened to you was a risk of the procedure that would prevent a meritorious legal claim. However, it is indeed possible that medical negligence caused your suffering. Since med mal lawyer consultations are customarily without cost and without obligation, I recommend that you do so without delay. Best of luck.
These types of cases fall within the medical malpractice area, one of the most technical and complicated areas of law. There are attorneys that specialize in this and will work hard to get good result if they believe the case is meritorious. As part of that process they engage medical doctors to review the medical records and determine if there was a deviation from the standard of care. My suggestion is for you to immediately consult with a malpractice attorney.
My response above is only general, legal and business analysis. It is not "legal advice." It is my own analysis based on the limited brief summary you presented. Other attorneys may have a different analysis and opinion especially if more facts are considered. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in the State of New Jersey.
I would respectfully suggest that you review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is. If, after reviewing my Legal Guide you believe you have been the victim of dental malpractice, you should immediately contact a personal injury attorney in your area for further review of the situation. You can access my Guide through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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