Legal Question in Medical Malpractice in California

neglegent overdose of anastesia

18 yr old son had 4 wisdom teeth removed 8/31/06 was released unconscious ended up in hospital, ambulance etc. having neurological probs, slurs words,loss of muscle control, off balance,but didnt wake up originally for 36 hours,ct scan done, waiting for spinal tap and mri.loss of oxygen initially. oral surgeon said he walked out of office when in fact he never woke up and had me (mother) pick him up in the back of the building, 2 dental ass. lifted his larthargic body into my car and buckled him in. much longer story but this is in a nut shell


Asked on 9/18/06, 1:11 am

5 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: neglegent overdose of anastesia

Release of a patient in the condition described may or may not be appropriate depedent upon the actual physical condition at the time of release. You would need to acquire the hospital records, with respect to their findings upon arrival, as well as the oral surgeon's records regarding the release (and the ambulance records).

I would also need the "long story" in order to provide further assistance. Most particularly, what is you son's current condition and prognosis?

Please feel free to contact me so that we could discuss possible options for you.

877.352.6400

Disclaimer: This response and any materials or content provided by this response or through this web site or the www.wynnelawfirm.com website are for general informational purposes only and should not be relied on or considered as legal advice. If you seek legal advice or representation by Wynne Law Firm, you must first enter into a formal agreement. Under no circumstances does this informational response, directly or indirectly, including, without limitation, any correspondence by any means to or from Wynne Law Firm, establish or intend to establish an Attorney-Client relationship between you and Wynne Law Firm.

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Answered on 9/26/06, 4:22 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: neglegent overdose of anastesia

In addition to what attorney Pickett says, before filing a lawsuit, medical malpractice cases usually require review of medical records by a medical expert to determine whether there was, in fact, malpractice. This could be somewhat costly. Some lawyers require the client to pay this money up front.

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Answered on 9/26/06, 5:05 pm
Terry A. Nelson Nelson & Lawless

Re: neglegent overdose of anastesia

-IF- he has provable injury of some kind according to his current doctors, then you will have a case. No malpractice claim can be filed without such medical opinion, regardless how bad it sounds to you as a parent. He may simply have been over anesthetized without permanent damage. If they do tell you he is damaged, feel free to contact me to discuss the facts and remedies.

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Answered on 9/26/06, 7:48 pm
Terry A. Nelson Nelson & Lawless

Re: neglegent overdose of anastesia

As a follow up: clarify with your doctors his current condition, and make sure they understand how he was when you picked him up.

Even if there is no doctor willing to say he is currently damaged, you might consider making a claim for your financial losses described. Call me if interested.

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Answered on 9/26/06, 7:52 pm
Scott Righthand Law Office Of Scott Righthand

Re: neglegent overdose of anastesia

I am seeing quite a few dental anesthesia cases lately. I just read about one in Chicago leaving the dental patient in a coma. I am currently involved in one causing the death of a 4 year old girl.

The first question is how is your 18 year old doing? I am guessing not well or you would not be posting here. If this is true, he should be seen by a neurologist to determine the nature and extent of his problems and this should be accomplished soon. The second question is what was done by the dentist, and the answer may come from the medical records. Once these questions are framed, we can begin to discuss the issues with competent expert witnesses. Feel free to contact me at the e mail address below or take a look at righthandfirm.com

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Answered on 9/27/06, 12:15 am


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