What to do if I had foot surgery and was put to sleep and I think that the anesthesiologist injured my jaw when putting in the tube?

Later that day I noticed a very sore, red area on the left side of my throat. That night and now most nights I have an awful click in my left jaw. I have never had TMJ problems. Never. I thought this would go away in time like the redness and sore area in my throat but I’m still having it over a month later. Could the anesthesiologist have injured my jaw putting in the tube?

Asked on July 17, 2015 under Malpractice Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will need to be examined by another doctor to determine whether or not the anesthesiologist caused your jaw problem.

The medical report from the second doctor will be crucial in determining whether or not you have a case for malpractice against the anesthesiologist.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the anesthesiologist (if the second doctor's report supports such a claim), it may be possible to settle the case with the anesthesiologist's malpractice insurance carrier.  Your claim filed with the the malpractice insurance carrier should include your medical bills and medical reports (especially the report from the second doctor).  Documentation of wage loss (if applicable) should also be included.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the anesthesiologist's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the anesthesiologist.

If the case is NOT settled, your lawsuit for negligence against the anesthesiologist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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