Legal Question in Medical Malpractice in Maryland

Nearly died 1 week after extraction of tooth

to dentist w/ toothache, xray,had infection, gave me pennicillion vicaden xs, told come back 2 days. I did, she injected novacaine several times in mouth.dug around in mouth try to get molar out, pulled gum away from tooth,hurt too bad, she tried again, inject more novac. then gave up. Told me would have to go to oral surg, she could not numb tooth 'serious infection''. Went home,very ill pain all night. Next afternoon, went to oral surg, put me to sleep, finished job. pulled tooth. ONe week to the day, could not WALK, developed septisemia , septic bacteria infect right hip. went to hospital admitted, 3 days later after numerous tests, had major hip surgery wash hip out, followed by 5 more days in hospital 8 weeks home Pic Line IV's 900 cc antibiot4 times Day. Docs say this caused by Dentist digging in my mouth, then exposing infec ,sending me home, called dentist for records to bring to lawyer.exact words were''I did not keep file, the only thing have is xray, did not treat you as comprehensive patient. You had serious infection that is why I could not pull the tooth''...

shouldn't she have kept record on me?? She gave me two prescript, injected mouth w novac worked on mouth, exposing the infectto my blood stream?


Asked on 1/14/04, 2:12 pm

1 Answer from Attorneys
Jay Holland Joseph, Greenwald & Laake, P.A.

Re: Nearly died 1 week after extraction of tooth

You are correct that the dentist/physician generally has an obligation to keep all records, for a reasonable period of time. Failure to do so can result in presumptions that the records would not have been favorable to the dentist/physician. This would be so especially if the records were intentionally destroyed. This is called the "spoliation doctrine".

You should have the assistance of a qualified attorney in properly handling these issues. Our law firm has highly qualified attorneys in this field. Feel free to contact me at 301-220-2200 or [email protected]. Please be advised that the information provided in this response is for informational purposes only, and is not intended to be legal advice applicable to your claim.

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Answered on 1/14/04, 2:22 pm


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