Legal Question in Medical Malpractice in North Carolina

Anastesia did not work

I accompanied my wife to the oral surgeon's office today, as she needed 4 wisdom teeth pulled. I recently had the same thing done, and was told her that it would hurt, but she would be numb due to the I.V. and the novacane, etc. Much to my shock, my wife tells me she felt absolutely everything. She screamed and cried the entire time, insisted that they stop, but they continued the procedure, rather roughly, and left a nice size scratch on the side of her face. My wife has a tolerance for pain (been through labor), and is absolutely frightened and driven to tears whenever she talks about it. I asked her time and time again if there was even the slightest bit of numbness, and she said no. She is definitely emotionally torn because of this situation. What can be done about this situation?


Asked on 1/07/06, 12:38 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Anastesia did not work

As for what can be done about the situation, you can of course complain to the oral surgeon, file a complaint with the medical board, or seek compensation for pain and suffering; I assume you're inquiring about the last option. If the doctor violated the "standard of care," then he or she would be liable for damages, including pain and suffering. There are, of course, several factual issues presented here. You probably need to consult a lawyer with more details. And you want to document the scratch (e.g. photograph) and any other evidence.

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Answered on 1/08/06, 11:41 pm


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