Do I have grounds for a law suit regarding an epinephrine an overdose?

UPDATED: Sep 30, 2022

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Do I have grounds for a law suit regarding an epinephrine an overdose?

I recently tried out a new dentist, who recommended a deep cleaning. I marked on my chart that I have a leaky valve and suffer from anxiety. She inquired if I was adviced to not have anesthesia or cleanings due to my valve but about nothing else on my form. Until my cleaning I had never had epinephrine, nor did I know that it was used by dentists. My dentist shot me up with what felt like an inhuman amount of anesthetic, which to my surprise also contained epinephrine. About 15 minutes into the cleaning my muscles began to clench uncontrollably, I began to have symptoms of what felt like a panic attack, and asked her to stop. She sat me up, said it could be the epinephrine, and left the room for a bit so I could

Asked on September 28, 2016 under Malpractice Law, New Jersey


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

Answered 6 years ago | Contributor

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)
Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.
Your claim filed with the dentist's malpractice insurance carrier should include your dental/medical bills, dental/medical reports, and documentation of wage loss.
Compensation for the dental/medical bills is straight reimbursement.  The dental/medical reports will document the nature and extent of your dental/ medical condition, and will be used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bills.  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 malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.
If the case is NOT settled, 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.

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 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.

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