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I recently tried out a new dentist, who recommended a deep cleaning. I marked on my chart that I have a leaky valve and suffer from anxiety. She inquired if I was adviced to not have anesthesia or cleanings due to my valve but about nothing else on my form. Until my cleaning I had never had epinephrine, nor did I know that it was used by dentists. My dentist shot me up with what felt like an inhuman amount of anesthetic, which to my surprise also contained epinephrine. About 15 minutes into the cleaning my muscles began to clench uncontrollably, I began to have symptoms of what felt like a panic attack, and asked her to stop. She sat me up, said it could be the epinephrine, and left the room for a bit so I could
Asked on September 28, 2016 under Malpractice Law, New Jersey
Answered 8 years ago | Contributor
Dental malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm)Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.Your claim filed with the dentist's malpractice insurance carrier should include your dental/medical bills, dental/medical reports, and documentation of wage loss.Compensation for the dental/medical bills is straight reimbursement. The dental/medical reports will document the nature and extent of your dental/ medical condition, and will be used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bills. Compensation for wage loss is straight reimbursement.If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.If the case is NOT settled, your lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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