Should I stay on top of this medical malpractice?

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Should I stay on top of this medical malpractice?

Hello,
Unfortunately I am dealing with a medical malpractice. My oral surgeon performed
a general root canal and sent me home with no antibiotics. Let me add in that my
father and I both asked if I needed to take any antibiotics and they responded
saying no. This action sent me to the hospital which I was then diagnosed with
sepsis. What should I do?

Asked on June 29, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There are two issues here:
1) Was this negligent, or unreasonably careless? The fact that you and your father both asked about antibiotics is not relevant, since you are (presumably) not doctors or other medical professionals; you therefore lack the knowledge or training to know when or when not antibiotics are appropriate. The issue is whether, given recommended or standard procedures for after a root canal as well as how your particular root canal went, the average reasonable doctor/dentist would have prescribed antibiotics. If under current generally accepted standards if care, you should have been given antibiotics, this was likely malpractice; but if under those accepted standards of care, a reasonable dentist would not have given you antibiotics, then they did nothing wrong--the complied with the accepted standards. In that latter case, there would be no liability. So it's not just that you had an unfortunate result; it's whether the dentist did anything wrong by current standards.
2) In a malpractice case, you can only recover compensation for your out-of-pocket (not paid by insurance or Medicare/caid) medical bills, lost wages from missed work (if any), and, for injuries or illnesses which caused significant, long-term (months or longer) disability or life impairment, some amount for "pain and suffering." (Or rather: unless the impact was signficant and long-lasting, while you might technically be able to get pain and suffering, the amount would be de minimis or trivial.) So if, as we hope, you had a short stay, made a full recover, and had modest out of pocket bills, there is little or no point in suing--you could spend more on a lawsuit than you would get back. In this case, there really is nothing to do.
But if you did incur large bills or some long-lasting life impairment, then consult with a medical malpractice attorney to see if you have a worthwhile, viable case. Many such lawyers will provide a free initial consultation to evaluate a case; you can confirm that they do so before making an appointment.


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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