Anaesthetic Error by a Dentist

Can you explain what I must do in order to claim for a general anaesthetic error by a dentist during dental surgery?

The first step to take before a claim for an anaesthetic error by a dentist can be made is to seek legal advice from a specialist medical negligence solicitor. Before the procedures for claiming for an anaesthesia error during dental surgery are explained, it is first necessary to establish that you are entitled to claim compensation under the circumstances.

It is both possible to claim compensation for too little anaesthetic being administered which left you able to feel pain (termed anaesthetic awareness) or for the dentist administering too much anaesthetic which caused you to sustain an injury or suffer health complications, and your solicitor would need to be aware the nature of the injury you sustained due to a general anaesthetic error by a dentist.

You would also be entitled to claim compensation if the anaesthetic was administered in the correct dose, only for you to suffer health problems due to the type of anaesthetic used, provided that your medical history or existing health problems made a bad reaction to an anaesthetic highly probable.

When you contact a solicitor you will need to explain the nature of the error, any injuries you have suffered or health problems which developed after surgery. Based on the severity of your injury or health problems, a solicitor should be able to give you an indication of whether a dental surgery anaesthesia error claim is likely to be worth while pursuing. However, eligibility to claim compensation can only be confirmed after a detailed investigation of your case has been completed.

A solicitor will collect any documentation relating to the surgical procedure that was performed in addition to obtaining a copy of your medical and dental records. Your solicitor will also make a formal request for your dentist to release any notes taken from the day of your treatment, and any other records which were kept relating to the anaesthetic which was administered. The case must then go before a panel of dental experts (recruited by your solicitor) to establish whether a dental surgery anaesthesia error was made, and if this was avoidable under the circumstances.

Only when the panel of dental experts has completed the review will it be possible to confirm eligibility to claim compensation for an anaesthesia error during dental surgery.

Once eligibility to claim for an anaesthetic error by a dentist has been confirmed, your solicitor will calculate the amount of compensation you are entitled to claim, and you will be informed in detail about the procedures which must be completed in order to initiate a legal claim against the dentist.

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