What are my rights if I went to the dentist and I wrote down on my in-patient notes that I was allergic to yellow #6 but was given something to which I had a reaction?

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What are my rights if I went to the dentist and I wrote down on my in-patient notes that I was allergic to yellow #6 but was given something to which I had a reaction?

It is to the point where I carry an epi-pen at all times. The dentist was going to give me a varnish fluoride but it was bright yellow and we had a 10 minute conversation about what I was allergic to. So after he couldnt find the composition he proceeded to give me a mouthwash fluoride that was reddish orange and orange in taste. About 30 minutes later, I was in my office having an allergic reaction. My skin turned red, my throat was tight, my heart was racing, I was dizzy and my chest was in pain. So I had to be taken to the hospital. My insurer is going after them for the medical bill, should I seek legal actions on my part?

Asked on June 24, 2015 under Malpractice Law, Colorado

Answers:

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

Answered 5 years ago | Contributor

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

Notify the dentist's malpractice insurance carrier in writing that you will be filing a malpractice claim.

When you complete your medical treatment and are released by the doctor, obtain your medical bills (it sounds like you already have the bill(s)), medical report and documentation of any wage loss.  Your claim filed with the dentist's malpractice insurance carrier should include these items.  Compensation for the medical and dental bills is straight reimbursement.  The medical report will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering which is an amount in addition to your medical bill.  Compensation for wage loss is straight reimbursement.

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

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

If the case is NOT settled with the dentist's malpractice insurance carrier, your lawsuit for negligence against the dentist 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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