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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.