Do I have a case of negligence if I had a 2 wisdom teeth removed on left side and after the surgery, the oral surgeon gave me the wrong antibiotic? 2 Answers as of September 27, 2016

I told the dentist staff that I was allergic to penicillin etc. and I wrote it on all dental paperwork. I told them again at the consultation and the day of my surgery and the surgeon still gave me the wrong antibiotic. I got an infection and my roommate called. They told both of us the doctor wasn’t there. It took 5 days to start my antibiotic and since the surgery, my left side of my mouth has been hurting. I come to find out that the oral surgeon left degree behind which caused the infection accounting to the other dentist but when I asked him what was left behind he said that he doesn't know. I feel like they’re covering it up but the worst part is I can't even open mouth due to the infection. I want to sue him for negligence.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesnt think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answer Applies to: California
Replied: 9/27/2016
Law Offices of George H. Shers | George H. Shers
You need to speak to an attorney who handles such dental cases; the initial interview is free. The case may not be worth enough to go beyond a demand letter as such suits are costly. I would suspect that being given the wrong antibiotic did not cause the infection [might cause swelling, etc.], but rather the material left behind, which would be negligence. The second dentist probably is not covering anything up as what ever was left behind probably had disappeared by the time you saw him and he did say the other dentist was at fault.
Answer Applies to: California
Replied: 9/27/2016
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