Legal Question in Medical Malpractice in Ohio

daughter went for an impression. parents are not permitted back in room. impression was done by a high school student and done improperly. material oozed out and blocked her airway. she tried to communicate but was ignored. my daughter then tried to pull the appliance out as she could not breathe. another staff member came over and pinned her arms back. I had no idea this was going on, she is traumatized. do they have the right to pin her down like that? I feel that this is borderline abuse/ child endangerment

Asked on 3/11/15, 7:03 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

What happened to your daughter should not have happened. An untrained, unqualified high school student should never be placed in this type of a position where she could do serious harm to a patient. The dentist that allowed this to happen should be reported to the Ohio State Dental Board. Holding her down against her will is also another act that should not have happened. A parent should have been called to the room. The unlawful touching of your daughter is a medical battery and may constitute a basis for criminal action as well. Certainly you should talk to your local law enforcement or prosecutors office and notify the Ohio State Dental Board. They can be found online. Good luck and sorry this happened.

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Answered on 3/12/15, 7:06 am

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