Visitor Question

Anesthesiologist Breaks Teeth During Surgery…

Submitted By: Sierra (New York, NY)

My anesthesiologist broke two front teeth during surgery and never told me he broke my teeth. A family member told me when they came in to see me in the recovery room. I had bonding put on my front teeth after surgery.

I had to keep going back to the dentist because the teeth just felt too high in my mouth and my lower jaw was protruding out. I went to an orthodontist and he took impressions of the teeth which showed my front teeth are on an upward angle.

The result was that he had to put braces on my bottom teeth to retract them back, then tilt the upper teeth back down and then had to put 4 crowns on. The anesthesiologist was very agitated before and after surgery from arguing with someone on the telephone and I think this affected his performance, causing my dental problems.

I’m still wondering how he could have broken my teeth and make my lower jaw protrude out. Is there anything I can do about the damage he did to my teeth? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sierra,

Yes, there is something you can do about the damage the anesthesiologist did to your teeth. Hopefully someone, whether in the operating room, the recovery room, or at some other location during or after your surgery, saw what happened and made a note of it.

The first action to take is to request copies of your medical records. You have an absolute right to them. You may have to pay a nominal amount for the copying costs, but without them you will have a more difficult time substantiating your case.

Someone must have noted the application of bonding to your teeth. Unless there is a mass cover up – and that is doubtful – you should be able to compile the information you will need to pursue a personal injury medical malpractice claim against the hospital and the doctor.

Next, have your orthodontist confirm the type of damage to your teeth and the type of dental work which will be necessary to repair the damage. Also get her written estimate of the cost. You really don’t have to mention to your orthodontist you are in the process of pursing a personal injury claim against the hospital and the doctor. Of course, if she asks be sure to tell the truth. Most doctors, including dentists, do not like to be part of any litigation.

With that information in hand contact a personal injury attorney. There are some cases which can be pursued without the help of an attorney, and there are others which require the experience and skills of one. Medical malpractice cases almost always require the representation of a personal injury attorney.

Once you retain an attorney you will be on your way to a settlement or court award for your injuries.

Learn more here: Filing a Dental Malpractice Lawsuit

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

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