I had a wisdom tooth removed and two days later the entire left side of my face became completely paralyzed. I went back to my Oral Surgeon and he said he believed that I was suffering from Bells Palsy. After being scared to death for a day, I went to the hospital and the doctor took x-rays. It turns out that the Oral Surgeon messed up a cluster of nerves in my jaw and is now trying to cover up his mistake. Do I have a case against the Oral Surgeon?
Answer: (1)
You may have a claim against the oral surgeon. You should begin by seeing an attorney that specializes in dental or medical malpractice. He or she will likely send you to a specialist to determine what exactly happened and whether the surgeon was at fault. The paperwork you signed before the surgery took place will also be reviewed. Most pre-op contracts explain side effects that are possible with surgery. Once you sign the contract, you agree not to sue the doctor for possible mishaps that happen as a result of the surgery. However, if your particular side effect was not listed, or the doctor acted negligently, you may still have a claim. The doctor’s actions after the mistake will also be considered - for example, whether he lied to you about his mistake and if his actions caused additional hardship to you.
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Posted by Leather Martin on 21 Jan 2010