Several years ago, I read the disturbing news story about a 5-year-old Chicago girl who died after being sedated by her dentist. As horrifying at that news was, it should not be assumed that her dentist was at fault. I never heard any kind of follow-up reports about that case, but there were some questions that should have been answered first.
1) Was the amount of sedation and anesthesia he gave her reasonable and customary for a child of her age and size?
1a) If not, was there a good reason for the deviation?
2) Did the child have any known medical problems or abnormalities?
2a) If so, should they have affected the amount and/type of sedation and anesthesia that were administered to her?
2b) If the answer to question 2a is yes, then was the amount and/or type of sedation and anesthesia adjusted for her medical condition?
If the answer to question 1 is yes and the answer question 2 is no, then her dentist was probably not negligent and should not have been sued. However, if the answer to question 1a and/or 2b is no, then her dentist could very well be liable.
Full-disclosure is always important when dealing with health care treatment. Even if you have a serious medical condition that you think may hamper your chances for treatment (like a blood disease) you should still tell your dentist or doctor all your medical problems so that they can reduce the risk of accidents like this one.
Posted by: Joe Devine | May 11, 2009 at 09:16 AM