Legal Question in Medical Malpractice in California

my 3 year old son got his 4 front tooth pulled out during a surgery which i did not get inform they just said they were going to fix 2 and they pulled them out with out my concent


Asked on 2/12/10, 6:25 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The issue here is violation of consent and medical 'damage' from claimed malpractice. However, the damage issue is offset to some degree by whatever they claim was the necessity for doing this, and also by the reality that these were 'baby' teeth that will be replaced by permanent teeth, presumably leaving no lasting 'damage'.

Please contact me to discuss the situation if you believe you have a case after considering that and the following.

The general rules are: If you are claiming malpractice, your claim MUST be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. You are not supposed to file suit without having that expert opinion available. Consult with your other treating dentist[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. I can provide referrals and assistance if necessary. Then, IF you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then please contact me to discuss the merits and value of your claims. Keep in mind that time limits apply, but they are quite long for a minor, so that should not be an issue.

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Answered on 2/17/10, 6:41 pm


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