Improper Use of Anesthesia

Dentists, like other medical providers, occasionally make mistakes. These include the improper use of anesthesia. When this mistake results in serious injuries or death, the patient (or their family) should consider the possibility of speaking to an attorney about litigation to pursue compensation for medical costs and other damages caused by the dentist’s mistake. A patient may also seek payment of lost wages and damages for pain and suffering. If you or a member of your family has been hurt by a careless dentist, Rockland County dental malpractice lawyer Valerie J. Crown is ready to talk to you about your case.

The improper use of anesthesia in a dental practice may happen due to poor communication, a failure to administer an appropriate amount of oxygen, delayed administration, equipment issues, too much or too little anesthesia, failed intubation, or a failure to react to complications in a timely manner. Such mistakes may result in severe trauma to the patient physically, mentally, or both. Tracheal damage, asphyxiation, pulmonary aspiration, cardiac dysrhythmia, heart attack, brain damage, and even death are all possible results of an improper use of anesthesia.

Dental and medical malpractice are forms of negligence, an area of tort law, in which people who fail to act in a reasonably prudent manner may be held liable for the harm that their actions or inactions cause to others. Since malpractice cases involve professionals, these cases require expert testimony regarding the elements of duty, breach of duty, causation, and damages. In dental malpractice lawsuits, these elements must be proven by a preponderance of the evidence, which means that they are more likely than not to be established. Attorney Crown and her associate attorneys work with a number of expert witnesses who can review allegations of dental negligence and render an opinion regarding whether a mistake was made in a particular case. They also can testify about what the defendant dentist specifically did that breached the duty of care and how the anesthesia error resulted in the victim’s injuries.

Investigating and building a dental malpractice claim may be time-consuming and complicated. To increase the chance of a successful case and a fair amount of compensation via a settlement or judgment, a person who believes that they have suffered from an improper use of anesthesia should contact an attorney as soon as possible. The New York statute of limitations imposes a strict time limit on the filing of a claim. Claims that are not timely filed are subject to dismissal on procedural grounds, even if the plaintiff has a strong case.

In the event of a wrongful death lawsuit arising from a fatal dental mistake, additional requirements may be imposed, including the opening of an estate and the appointment of a personal representative to represent the decedent or the estate’s interests. Family members of a victim may be able to seek various damages related to burial and funeral expenses, as well as the losses that they have suffered because of the victim’s death.

If you have been hurt by the mistake of a dentist in the Greater New York area, you should explore your potential options. Personal injury attorney Valerie Crown is here to help protect the rights of people who have been seriously injured by the negligence of health care professionals. To schedule an appointment regarding your case, call us today at 845.708.5900 or contact us online. The appointment is free, and we accept malpractice cases on a contingency fee contract. This means that we get paid a percentage of your settlement or judgment, so no legal fees are required upfront to get your claim started. Valerie J. Crown represents injured people throughout Rockland, Westchester, Orange, and Dutchess Counties as well as New York City. You can also call Valerie’s cell phone at 845.598.8253. We understand the stress that you may be feeling, and we are proud to make ourselves available to assist you at any time.