Hypo Case #1: SPONGE LEFT IN ABDOMEN
You go into surgery and feel discomfort post-surgery, only to find out that the surgeon accidentally left a medical sponge in your abdomen during the operation. You now want to sue for medical malpractice for your ensuing pain and suffering.
Hypo Case #2: LASIK EYE SURGERY
The eye surgeon promises you that your eye surgery will result in no need for glasses post-surgery. You were able to see decently, but the doctor insisted that you submit to surgery. After a quick meeting, you enter into surgery and you become blind or quasi-blind. You have been gravely injured and now wish to sue for Medical Malpractice, in addition to Breach of Promise by the Doctor.
Hypo Case #2: AMPUTATION OF WRONG LEG
The Doctor tells you that you need to amputate the Right Leg. You sign an informed consent form and allow the Doctor to operate. Unbeknownst to you, the Doctor amputates your Left Leg. You are now without 2 working legs and are permanently injured. You wish to sue for Medical Malpractice for this devastation.
Hypo Case #1: DENTAL NERVE INJURY
You go into the dentist’s office for implants and the doctor dentist drills the locator too deeply and causes permanent nerve damage.
Hypo Case #2: INFORMED CONSENT
The periodontist says you need a brand new implant when in fact you do not. The dentist pressures you to remove the implant when you strongly feel that the pain you endured before is not what you want to experience again. You refuse, but during what you thought would be a simple dental procedure, the dentist/periodontist takes matters into his/her own hands and extracts the implant. You are in severe pain, both physically and emotionally. Never did the dentist disclose the risks involved in the surgery, including that which would result from the unconsented extraction.
Hypo Case #3: BATTERY/ASSAULT
You go in for oral surgery and the dentist recommends general anesthesia. Unbeknownst to you, when you wake up, you realize that things are not right. You are told by a private witness that the dentist committed battery and assault against you.
Hypo Case #4: ROOT CANAL UNFINISHED
You expect a basic dental checkup and the dentist suddenly surprises you with the news: You need a root canal. He begins it and does not complete the job. For several days you are in pain.
ANALYSIS: In each one of the hypothetical cases, the doctor or dentist or oral surgeon periodontist may not have committed any kind of malpractice so long as they performed the medical or dental procedure within the standards of care. In the sample above of Battery and Assault, hunches, allegations, and hearsay information from other people do not necessarily mean that the doctor or dentist or oral surgeon committed an illegal act. This is why during litigation, the truth should be uncovered, and if not, it certainly should be exposed during trial. As a result, in these and other types of Medical Malpractice and Dental Medical Malpractice cases, a bad result, mere allegations, and even bad “bedside manners” many not amount to Medical or Dental Medical Malpractice. However, if you do have any concerns about your possible Medical or Dental Malpractice case, do not hesitate to contact the Firm for a private confidential consultation.