7 attorney answers
It certainly is substandard care not to return the call of a patient to whom you have prescribed antibiotics who is not getting better. However, one issue will be whether the oral surgeon's phone system or office told you to go to the ER immediately if you did not get better. The defense will certainly take the position that this is what you should have done on Friday. If you have made a full recovery and are doing well now, you will likely spend more than you could recover, even though you should not have experienced this ordeal.
Infections typically are known risks of procedures, but you can have a local dental malpractice lawyer investigate.
Its possible you may have a case but you should consider this. In order to file a medical malpractice case you need to have all of the medical records reviewed by a medical expert/experts who will be will to render an opinion that your doctor/hospital deviated from the standard of care and that deviation caused you an injury. The costs of obtaining the necessary medical review could run up into the 10s of thousands of dollars.
Because of the cost factor and also because malpractice cases are labor intensive, there needs to be a significant injury in order to make it economically feasible to proceed. The companies insuring the doctors and hospitals do not make nuisance settlements and they have access to some of the best experts in the country. Thus once you start a medical case you are in it for the long haul, and that could be many thousands of dollars down the road.
If you think you have a case and want to proceed it is best to talk to an attorney that specializes in medical malpractice cases and review you options. The attorney will have to make a business decision considering the following factors.
1. Does the case have sufficient value to make it worthwhile for the investment of time and money?
2. Will I be able to prove that there was a deviation from the standard of care? Remember, a bad result does not mean malpractice.
3. Did an injury occur as a result of the breach of the standard of care?
If the answer is yes to all three questions you have a case.
I would suggest that you contact a malpractice attorney to discuss y our options.
What is your condition now? Are you returning to the dentist to complete the work? I do not see any viable medical malpractice case in what you have posted.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
You always have right to question care and seek legal representation to determine options for medical malpractice/dental issues raised on these on these facts. The medical records from recent hospital stay and follow up from oral surgery will provide insight into the possible causes, diagnosis and prognosis. Definitely, consider contacting local attorney to discuss options and to document your claims and concerns from the beginning of problems - best to be proactive now rather than reactive later.
Consult an attorney in your jurisdiction to determine your rights, responsibilities and the appropriate action(s) you may wish to undertake. Answers to questions are for general purposes only and do not establish an attorney-client relationship.
You may have a claim against the dentist or other entities for, among other things, failing to have and/or follow reasonable procedures for answering phone calls. It is important to consult with a Florida medical or dental malpractice attorney as soon as possible, as there are time limitations that apply. An initial consultation with an attorney will likely include a discussion of the incident, your injuries, and your legal rights.
Sign up to receive a 3-part series of useful information and advice about personal injury law.