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?

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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


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

Answered 6 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.

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.

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