If I underwent surgery for voice box polyps but during procedure they knocked out 3 of my teeth, do I have a legal claim?

I look terrible and I feel terrible.

Asked on May 23, 2012 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably would have a malpractice claim, UNLESS it was necessary and accepted procedure to "knock out" those teeth while doing this surgery and either 1) it had been disclosed to you in advance, and you'd consented to it; or 2) something came up during surgery that made it imperative (e.g. an emergency) to take the teeth out.

Otherwise, knocking out teeth while doing a different procedure ould seem to be malpractice, or the provision of medical care which does not meet generally accepted standards. If it is malpractice, then you could potentially recover medical costs (e.g. the cost of getting false teeth, or having the lost teeth reimplanted); pain and suffering if the pain, disability, or disfigurement is severe enough; lost wages (if any); and any other direct out of pocket costs you incurred due to this. From what you write, it would seem to be worthwhile to consult with a medical malpractice attorney about your case. Good luck.


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