My significant other had a surgery that required anesthesia. During Intubation, they knocked her 3 front teeth out. This happened in September, but the hospital's insurance has in my opinion been trying to put it off beyond statute of limitations. The damage is going to cost $10,000 to fix and they're saying that they can't give the money upfront to get it done, only after it's done can they pay. Problem is we don't have $10,000 sitting around as no dentist will do the work without the pay upfront. They tried to make it like it was her fault that her crowns were the culprit, but after the incident she went to Ohio State Medical center and they said the crowns should not have came out that easy. Meaning lots of force must've been applied when intubating, even though she told them upfront she had crowns. They had her sign a waiver, but I know waivers mean nothing if you can prove negligence of any kind. We're done waiting around on them and would like to take the next step.
Medical malpractice claims can be incredible complex, difficult, and costly to pursue on your own, I suggest contacting a medical malpractice attorney to look into bringing a claim.
NO ATTORNEY CLIENT PRIVILEGE IS CREATED OR EXISTS. Do not rely on any answers you get online from me or any other lawyers in this forum---nothing substitutes for a confidential and protected discussion with an attorney. There is no way you have provided sufficient information for a proper legal analysis—can’t be done online. This is a general legal question and answer site and guidance here is for general interest---a push in the right direction.
You should definitely contact a local medical malpractice attorney. The waiver is likely not a bar to bringing a case, but an attorney will need to review it to make that determination. There are many factors involved in assessing whether your partner has a case, including but not limited to: was there negligence, did it cause harm, are there damages, are those damages significant enough to warrant the time/effort/expense of a lawsuit. You should use AVVO to find a local medical malpractice attorney. He or she can speak with you and obtain the records.
This response does not constitute the rendering of legal advice and does not create any attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline