Dental Surgery Mistake - Advice?

HLAuburn

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Apr 26, 2005
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I posted this several months ago, but a lot has happened as a result of the incident, so I wanted to come back and see what advice you all would have.

A little background: DD(6) had surgery in Nov to remove a primary molar that never erupted (it should have come in around 2). We first became aware of it in July of last year. We have seen 3 different pediatric dentists, an orthodontist, and an oral surgeon who all said it needed to come out. We have had "regular" xrays, 2 sets of panoramics, and a new "3D" cone scan (which I paid for since insurance didn't cover) to get the best possible information before she had surgery to remove the tooth.

The 45 minute procedure turned into closer to 2 hours (with no update), and when the doctor came out to the waiting room, he informed us that he had pulled the wrong tooth! Instead of a baby tooth, he pulled an adult molar. He said he was able to "put it back in place" and he's fairly sure it will develop and erput as normal, but needless to say, we are really concerned. Aside from the fact that she was under anesthesia twice as long, she had more stitches and a longer recovery, we now have to worry whether this tooth will continue to grow and be fine or possibly die and then who knows what. Since it's not supposed to erupt until she's around 10, it will be years before we know the outcome.

So ...since all that went down, we discovered that she had some amount of jaw bone loss during the surgery, so much that the gum tissue had nothing to reattach to, so the surgery site ended up being a "flap" of gum tissue that trapped food and became inflamed. Then the tooth adjacent to removed tooth had so little bone support that the gum receded, exposing the entire root, it became loose, and yesterday it had to be pulled and she had sutures put in. That tooth shouldn't have been lost until she was 10 - she now has no "chewing" teeth on that side of her mouth for 4+ years.

Needless to say, we're pretty upset. The situation has gone from bad to worse, and we feel like everyone is downplaying what's happened and all the work (more xrays, orthodontics, possibly more surgery and a dental implant) down the road. While the oral surgeon did verbally offer to take care of any problems that come from him removing the wrong tooth, we're concerned that when it comes down to it, he's going to argue that this was normal risks of the surgery and not actuaaly actually caused by his mistake. We just want to do what's the best interest of our daughter, but at this point, I'm worried we're the only ones.

So if this was your child, how would you proceed from here?

Thanks!
 
Honestly, I wouldn't be handling it. My new oral surgeon would, with my lawyer. I'm not a fan of malpractice, but this is pretty clear-cut.
 
Honestly, I wouldn't be handling it. My new oral surgeon would, with my lawyer. I'm not a fan of malpractice, but this is pretty clear-cut.

I agree.

Have you had another opinion? I would not hesitate to get her to another specialist asap.
 
I posted this several months ago, but a lot has happened as a result of the incident, so I wanted to come back and see what advice you all would have.

A little background: DD(6) had surgery in Nov to remove a primary molar that never erupted (it should have come in around 2). We first became aware of it in July of last year. We have seen 3 different pediatric dentists, an orthodontist, and an oral surgeon who all said it needed to come out. We have had "regular" xrays, 2 sets of panoramics, and a new "3D" cone scan (which I paid for since insurance didn't cover) to get the best possible information before she had surgery to remove the tooth.

The 45 minute procedure turned into closer to 2 hours (with no update), and when the doctor came out to the waiting room, he informed us that he had pulled the wrong tooth! Instead of a baby tooth, he pulled an adult molar. He said he was able to "put it back in place" and he's fairly sure it will develop and erput as normal, but needless to say, we are really concerned. Aside from the fact that she was under anesthesia twice as long, she had more stitches and a longer recovery, we now have to worry whether this tooth will continue to grow and be fine or possibly die and then who knows what. Since it's not supposed to erupt until she's around 10, it will be years before we know the outcome.

So ...since all that went down, we discovered that she had some amount of jaw bone loss during the surgery, so much that the gum tissue had nothing to reattach to, so the surgery site ended up being a "flap" of gum tissue that trapped food and became inflamed. Then the tooth adjacent to removed tooth had so little bone support that the gum receded, exposing the entire root, it became loose, and yesterday it had to be pulled and she had sutures put in. That tooth shouldn't have been lost until she was 10 - she now has no "chewing" teeth on that side of her mouth for 4+ years.

Needless to say, we're pretty upset. The situation has gone from bad to worse, and we feel like everyone is downplaying what's happened and all the work (more xrays, orthodontics, possibly more surgery and a dental implant) down the road. While the oral surgeon did verbally offer to take care of any problems that come from him removing the wrong tooth, we're concerned that when it comes down to it, he's going to argue that this was normal risks of the surgery and not actuaaly actually caused by his mistake. We just want to do what's the best interest of our daughter, but at this point, I'm worried we're the only ones.

So if this was your child, how would you proceed from here?

Thanks!

Honestly, I wouldn't be handling it. My new oral surgeon would, with my lawyer. I'm not a fan of malpractice, but this is pretty clear-cut.

Most definitely!!

OP, best wishes with this 'n especially to your daughter.
 

Honestly, I wouldn't be handling it. My new oral surgeon would, with my lawyer. I'm not a fan of malpractice, but this is pretty clear-cut.

I agree.

Have you had another opinion? I would not hesitate to get her to another specialist asap.

We have taken her to an orthodontist, periodontist (gum/bone), and she's still be followed by her pediatric dentist and we did see the oral surgeon once since this all happened. He is fairly prominent in the medical community around here, so we are concerned that everyone we see is hestitant to put any of the blame on him or maybe they're "sugar coating" the situation. We are traveling out of state in a few weeks, and we plan to find an oral surgeon there to get a 2nd opinion...we feel like it's the best (only) way to get an impartial assessment of what's going on.
 
You absolutely need to get another opinion, and seek the help of an attorney. Who knows what kind of expenses will be related to this problem in the future, and do you really want that dentist taking care of it?
 
Honestly, I wouldn't be handling it. My new oral surgeon would, with my lawyer. I'm not a fan of malpractice, but this is pretty clear-cut.

I have to say ditto. Of course my dh would have hired a lawyer out of the gate when he first messed up.
 
We have taken her to an orthodontist, periodontist (gum/bone), and she's still be followed by her pediatric dentist and we did see the oral surgeon once since this all happened. He is fairly prominent in the medical community around here, so we are concerned that everyone we see is hestitant to put any of the blame on him or maybe they're "sugar coating" the situation. We are traveling out of state in a few weeks, and we plan to find an oral surgeon there to get a 2nd opinion...we feel like it's the best (only) way to get an impartial assessment of what's going on.

I understand what you're going through. My youngest DD also experience malpractice but medical, not dental. It can be difficult to find someone that is willing to say that the doctor made a mistake especially if that doctor is well respected in the field. My DD lost the vision in one eye (and almost died) as a result of negligence. The doctor is one of the top 10 in the country for Pediatric Ophthalmology. We were told that we had to find someone with equal or better credentials to testify. We had lawyers that went around the US and even out of the country and once the doctors heard the name of DD's doctor, they refused to testify. It can be a long, emotional struggle and I wish you the best.

The advise that I can give you is that if you decide to pursue legal action, get a copy of all records now! You would be surprised how quickly things can change or get lost. In my DD's case, we were in the process of looking for a diagnosis for her so we were seeing many doctors. We had all of her records sent to her Ped so that they would all be in one place. When things progressed to the point that it was clear that DD will never see out of that eye again, we requested records on our own. Low and behold, everything pertaining to the surgery, infection and all post care was missing from the doctor's files as well as those from the hospital. The doctor and someone from the hospital were trying to cover the tracks. The pediatrician did have the records and we were told by many lawyers (including one that is also a practicing ophthalmologist) that it was the worst case of medical negligence that they had ever seen but because we couldn't get someone in her profession to testify, we had no case.

Get everything you can now and keep all of your notes in a spiral notebook so that it's all in one place instead of on pieces of loose paper.

I wish you and your DD the best!
 
You need to hire an attorney who has experience in dental malpractice cases. It is likely through that legal channel you will be directed to dentists & oral surgeons your atty. regularly works with through your local dental society or local chapter of the American Dental Association.

Your first consult w/ the atty. should reveal whether this will be pursued through your dental insurance legal team instead of or in conjunction w/ any attorney you retain.
 
I went through almost the same thing as your daughter, but it was over 30 years ago. My tooth never did "take" in my mouth and the mess that was left behind by the initial surgery was horrific. There was an initial year of ongoing infections, followed by the realization that the tooth needed to be pulled. After that, there was reconstructive surgery to get rid of all the excess skin hanging around jaw and cheek. After it was all said and done, I then needed a crown on the tooth in front of the tooth that had been lost. This new crown has a prophylactic tooth attached to it to do the work the old one would have. It also serves to give the tooth above it something to push against so it will not fall out.

All of my surgeries were done back in the days when you just didn't question professionals. Consequently my uneducated parents just paid to clean up the mess and long-term, I am left with less than perfect teeth. :confused3
 
I'd get a lawyer, and ask the lawyer for recommendations for a dentist who will give you an opinion without the "sugar coating". It sounds like the original dentist is willing to do what's right, but because of the long time frame between start and finish, and time limits on litigation, it would make sense to have a lawyer get it in writing what the original dentist is willing to cover.
 
Needless to say, we're pretty upset. The situation has gone from bad to worse, and we feel like everyone is downplaying what's happened and all the work (more xrays, orthodontics, possibly more surgery and a dental implant) down the road. While the oral surgeon did verbally offer to take care of any problems that come from him removing the wrong tooth, we're concerned that when it comes down to it, he's going to argue that this was normal risks of the surgery and not actuaaly actually caused by his mistake. We just want to do what's the best interest of our daughter, but at this point, I'm worried we're the only ones.

So if this was your child, how would you proceed from here?

Thanks!
The thing is it may be true. Bone loss is a possible complication, even when a extraction is done perfectly. My mother has bone loss that has required gum grafting to prevet root exposure. Did no one suggest this for your DD during the follow up appointments before the root became exposed? I would defitiely get a specalist to give you thier opinon on what the bone loss can be attributed to, but it is likely to be hard to prove it is due to the mistake.
 
The thing is it may be true. Bone loss is a possible complication, even when a extraction is done perfectly. My mother has bone loss that has required gum grafting to prevet root exposure. Did no one suggest this for your DD during the follow up appointments before the root became exposed? I would defitiely get a specalist to give you thier opinon on what the bone loss can be attributed to, but it is likely to be hard to prove it is due to the mistake.

Obviously we signed the consent that listed all the possible risks - nerve damage, puncturing sinus cavity etc - those are ones I remember - not "might remove the wrong tooth". There is a difference between "risk" and a medical error, which is what he made (and admitted to). If the procedure went as planned (i.e. removed "right tooth, procedure lasted 45 min rather than 2 hours), then I could understand these were just unfortunate complications from the surgery, but I find it hard to believe that extra damage wasn't done (more bone removed) as a result of him removing 2 teeth instead of 1.

As for the root - once the "flap" appeared, he said it was normal and there probably wasn't much bone to begin with for the gum to attach to. :rolleyes: (of course that was the first we heard of that after 2 panoramics, numerous bitewings, and some new "cone" scan before the surgery). He said it was healing fine, but shortly after that, we found the tooth with the exposed root. There was some discussion of grafting, but since these are baby teeth that will eventually come out, the adult teeth will bring in more bone, allowing the gum to reattach. In the meantime, all this has happened.

I'm not an oral surgeon or a dentist, but you would never be able to convince me that this is all "normal" possible complication of the surgery and that it had nothing to do with his mistake. Only he knows what happened during the extra hour+ of surgery, so who knows what all was really involved in trying to fix his mistake.
 
The thing is it may be true. Bone loss is a possible complication, even when a extraction is done perfectly. My mother has bone loss that has required gum grafting to prevet root exposure. Did no one suggest this for your DD during the follow up appointments before the root became exposed? I would defitiely get a specalist to give you thier opinon on what the bone loss can be attributed to, but it is likely to be hard to prove it is due to the mistake.

He removed the wrong tooth. There may not have been bone loss if he removed the right tooth. There wouldnt be a 2nd and 3rd tooth extraction either.

OP - verbal is worth NOTHING. Get a lawyer.
 
Obviously we signed the consent that listed all the possible risks - nerve damage, puncturing sinus cavity etc - those are ones I remember - not "might remove the wrong tooth". There is a difference between "risk" and a medical error, which is what he made (and admitted to). If the procedure went as planned (i.e. removed "right tooth, procedure lasted 45 min rather than 2 hours), then I could understand these were just unfortunate complications from the surgery, but I find it hard to believe that extra damage wasn't done (more bone removed) as a result of him removing 2 teeth instead of 1.

As for the root - once the "flap" appeared, he said it was normal and there probably wasn't much bone to begin with for the gum to attach to. :rolleyes: (of course that was the first we heard of that after 2 panoramics, numerous bitewings, and some new "cone" scan before the surgery). He said it was healing fine, but shortly after that, we found the tooth with the exposed root. There was some discussion of grafting, but since these are baby teeth that will eventually come out, the adult teeth will bring in more bone, allowing the gum to reattach. In the meantime, all this has happened.

I'm not an oral surgeon or a dentist, but you would never be able to convince me that this is all "normal" possible complication of the surgery and that it had nothing to do with his mistake. Only he knows what happened during the extra hour+ of surgery, so who knows what all was really involved in trying to fix his mistake.

Exactly!!!
 
I'd get a second opinion and def a lawyer...

:thumbsup2
I am absolutly not big on litigation - but you need to protect your daughter. The costs may be high as this progresses, so it is your job to advocate by getting another opinion and legal advice.

Best of luck to you both :)
 
Wow, what a mess. I don't have any advice, but I know I'd be livid about what happened to my kid and what the potential is in the future. I think getting the 2nd opinion out of state will help a lot, so I guess start there and see what that dentist has to say.
 
I remember your original post about this. I'm sorry this happened to your daughter and to your family. There is no excuse for removing the wrong tooth - that is not a "potential side effect". Definitely seek out a good malpractice lawyer.


I understand what you're going through. My youngest DD also experience malpractice but medical, not dental. It can be difficult to find someone that is willing to say that the doctor made a mistake especially if that doctor is well respected in the field. My DD lost the vision in one eye (and almost died) as a result of negligence. The doctor is one of the top 10 in the country for Pediatric Ophthalmology. We were told that we had to find someone with equal or better credentials to testify. We had lawyers that went around the US and even out of the country and once the doctors heard the name of DD's doctor, they refused to testify. It can be a long, emotional struggle and I wish you the best.

The advise that I can give you is that if you decide to pursue legal action, get a copy of all records now! You would be surprised how quickly things can change or get lost. In my DD's case, we were in the process of looking for a diagnosis for her so we were seeing many doctors. We had all of her records sent to her Ped so that they would all be in one place. When things progressed to the point that it was clear that DD will never see out of that eye again, we requested records on our own. Low and behold, everything pertaining to the surgery, infection and all post care was missing from the doctor's files as well as those from the hospital. The doctor and someone from the hospital were trying to cover the tracks. The pediatrician did have the records and we were told by many lawyers (including one that is also a practicing ophthalmologist) that it was the worst case of medical negligence that they had ever seen but because we couldn't get someone in her profession to testify, we had no case.

I am so glad that your daughter survived, and that she still has vision in one eye. The loss of her vision even if it is just one eye is absolutely horrifying, and the legal fallout sounds like such a nightmare for you.
 


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