Legal Question in Medical Malpractice in Rhode Island

Facial Scar resulting from Dental Procedure

I recently had a filling replaced on one of my front teeth and, during the procedure, a gel-based phosphoric acid was used to reinforce the bonding. While using the ''etching'' as it is referred to, the dentist accidentally splashed a small amount onto my face causing a second degrree acid burn. It is currently healing but looks as though there will be a one-half to one-inch long scar. I researched and found the MSDS (material safety data sheet) for the ''Etching'' which indicated that appropriate first aid for contact with the skin would have been flushing with copious amounts of water. The dentist stated to me that he was aware that it had splashed on my face and thought he had wiped it off. Shouldn't he be aware of the emergency first aid procedures for this substance? Should I have been informed of the potential risks of this substance prior to the procedure? I have never brought suit against anyone in my life but I also am not going to settle for having a facial scar for the rest of my life. Should I consult an attorney? Do I have a case here? Would this be considered medical malpractice or personal injury? Thanks for your help.


Asked on 1/15/03, 7:42 pm

1 Answer from Attorneys
Patricia Joyce Law Office of Patricia M. Joyce

Re: Facial Scar resulting from Dental Procedure

Medical malpractice is a form of personal injury. If the

dentist made a mistake by "splashing" the acid on your face,

and then failing to flush it with water, there is definitely

a strong possibility of malpractice and your damages are

the pain and embarassment of sustaining a facial scar.

His failure to properly treat the "splash" is critical to your case.

You should promptly have your injury examined by a physician,

perhaps a dermatologist and or/cosmetic surgeon to minimize

the damage and and scarring.

Of course, every case is unique and additional facts

would be necessary to determine if a claim against

the dentist should be made.

An attorney should be consulted as soon as possible.

If I can be of further assistance, please contact me at

401-885-7200.

I wish you well and hope that you are feeling better soon.

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Answered on 1/15/03, 9:08 pm


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