Legal Question in Medical Malpractice in Pennsylvania

brain injury after root canal

I had a root canal last fall by a local dentist. I returned 5 times following the start of it with continued pain and pus coming from the site only to have him say it wasn't done yet. I went to an endodontist who discovered that the first dentist had broken an instrument off in the root of the tooth. He was unable to get it out but finished the root canal. A few months later, it flared up again requiring me to have oral surgery to amputate the root of the tooth. I had the oral surgery, went home and a few hours later lost consciousness at home. I was hospitalized and remained with very low heartrate and blood pressure for the next 24-48 hours. All testing for a stroke were negative but I have been left with right sided weakness, memory loss and a foot drop. The oral surgeon did admit that my BP was very low during the procedure to amputate the root. Where does the negligence lie?


Asked on 5/20/05, 10:39 am

1 Answer from Attorneys
Edith Pearce The Pearce Law Firm, P.C.

Re: brain injury after root canal

You may have two actions. First, you appear to have an action against the first �local dentist.� The legal question here is �causation,� (i.e., who caused your injury). The courts have used a �but for� test in determining causation. In other words, but for the first negligent conduct of leaving the broken instrument in the root of the tooth (which set off a series of events) you would not have had the final injury/damage. There may be a second cause of action for malpractice against the oral surgeon, if he/she should not have performed the surgery because of your low blood pressure that day, should have performed the surgery at a different time, or should have been able to remove the instrument when he/she performed the first root canal. Basically, did the standard of care of the oral surgeon fall below the standard of care required of oral surgeons, which caused the weakness, memory loss and foot drop. I would be happy to further discuss your case with you. Please feel free to call me for a free evaluation at 215-557-8686.

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Answered on 5/20/05, 11:21 am


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