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Vice & Hunter LLP

Medical settings not immune to infliction of brain injuries

While a traumatic accident of some sort may be the first thing that comes to mind when someone thinks about how brain injuries are suffered, the reality is there are many things that could result in this sometimes devastating injury. Sometimes it is the result of actions taken by individuals who are supposed to improve a situation. A young Canadian woman who went to a dentist to have her wisdom teeth removed sadly suffered a brain injury this way.

In the course of having her wisdom teeth removed the woman was deeply sedated. While under, she went into cardiac arrest without the dentist initially realizing it. Though he did eventually resuscitate her, it was too late and she suffered a severe brain injury. The man was not authorized to provide deep sedation at his office.

The dentist was recently fined more than $100,000 by a disciplinary panel. In addition, he must take an ethics course and was suspended for three months. Perhaps unsurprisingly, the dentist has lost business as a result of the incident.

The man could face further repercussions related to the woman’s brain injury. It is possible that she could file a personal injury lawsuit to try to recoup damages for her injury. To be successful she would need to prove that in placing her into deep sedation when he was not approved to, and failing to notice that she was in cardiac arrest, he acted negligently.

For the best chance of succeeding at such a claim the sooner one contacts a lawyer to get started, the better.

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