A woman went in for a root canal. The dentist used an anesthetic rinse. The woman experienced severe pain and numbness of her tongue. She claims to suffer continued right-side jaw pain and numbness of her tongue even more than four years later.
She sued her dentist for malpractice. Her attorney retained an oral surgeon as an expert. The oral surgeon signed a sworn declaration, stating “successful pain control can be achieved with other local anesthetics that do not carry increased risk of nerve injury.” The oral surgeon explained that the “combination of Septocaine and epinephrine used in a lower jaw block near the inferior alveolar nerve carries the medically known risk of nerve injury resulting in permanent numbness and constant pain.”
However, the parties later learned that the oral surgeon had misinterpreted the original dentist’s chart notes. The dentist gave his own sworn declaration explaining that he did not use a nerve block to anesthetize the area and did not use the amounts of Septocaine specified by the oral surgeon.
The woman’s attorney withdrew. The dentist moved to dismiss.
The woman, acting at that point without an attorney, submitted various medical records that indicated various diagnoses. She did not, however, submit any expert opinion that the dentist had breached the standard of care, or that his errors or omissions caused her current medical conditions.
The trial court dismissed her case. She appealed. The Court of Appeals upheld the trial court.[1]
The case illustrates that, contrary to a common misconception, you cannot prove a medical malpractice case by simply establishing that you suffer from a medical condition that you did not have before you were treated.
That alone does not show that the medical provider did anything wrong. All medical procedures carry some risk. To prevail in a medical malpractice claim you must prove more than just the fact you are worse off now.
Prevailing in a medical malpractice claim requires showing that the medical provider failed to warn of a risk, breached the standard of care in performing the procedure, or gave some guarantee of a certain result.
If you believe you may have a medical malpractice claim you should consult with an attorney for a free case evaluation.
[1]LeCaire v. Tataryn, unpublished opinion (No. 31726-9-111 May 27, 2014).