Legal Question in Medical Malpractice in California
My dental malpractice case
In Feb. 95, I saw a dentist for a filling. The novicaine took approx. 10 hours to wear off and once it did, I was left with acute facial pain, partial paralysis in the left side of my face, and a diagnosis of trigeminal neuralgia. I have seen over a dozen doctors and remain on meds. for the condition, now over 2 years later. It is not known for a fact that the injury was caused by the novicaine injection, but it is a strong consideration. I have done research on my own and found that there was a case settled in FL, Circuit Court Case No. 95-4841 AH, whereas Plaintiff saw a general dentist for an extraction of Plaintiff's wisdom tooth and was left with similar symptoms to my own. After Plaintiff saw an oral surgeon and was told that "her nerve injury was probably caused by the anesthetic injection" the case settled for $140,000.00 based on the accusation of the lack of informed consent(applicable in my case)as well as failure to monitor Plaintiff and offer a referral for consultation/possible repair (also applicable). Do you know of any other cases/laws/statues or anything that may be of help? I thank you for any information you can offer me.
1 Answer from Attorneys
Re: My dental malpractice case
You do not need cases/laws/statutes. You need a factual review of the
case. If anything, it is a malpractice action, which generally is
simply a type of negligence. The failure to obtain consent does not greatly
change the analysis, and statutes aren't going to help.
The "statute" most important is that of the statute of limitations. It may already
be too late to file a suit, depending upon the facts. If you are serious about pursuing the
claim, you should see a lawyer immediately.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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