According to the Texas newspaper Fort Worth Star-Telegram, a 4-year-old little girl was left unable to see, speak, walk or eat after what was supposed to be a routine dental procedure. The girl’s family attorney claims that she was supposed to be sedated when the dentist began drilling, but she started to scream and began convulsing.
Dentist Bethaniel Jefferson had her medical license revoked in 2016, several months after the incident. Jefferson was also indicted for “intentionally and knowingly causing serious bodily injury to a child by failing to seek and provide adequate medical attention.”
After a quick three-day trial, her and her family were awarded $95.5 million in damages.
Medical Malpractice Cases
Unfortunately, routine dentist and doctor procedures can often turn dangerous quickly. Every medical procedure involves a certain degree of risk. However, it is clear when doctors and medical professionals are at fault. Every state has a different definition of what is considered a medical malpractice case.
In the state of California, a medical professional acts negligently when they deviate from the standard of care when treating a patient. Some examples of deviating from the standard of care include:
- Providing incorrect prescriptions
- Surgical mistakes
- Misdiagnosing or delaying a diagnosis
- Failure to treat conditions properly
California has additionally placed time limits on when medical malpractice cases can be brought. In California, medical malpractice victims have one year from the date they knew or should have known about the injury, or three years from the date the incident actually took place, whichever is shorter. Victims must also give the health provider a 90 days’ notice before initiating the claim.
For children under 6, California allows the claim to be filed either within three years or before the child turns 8, whichever is longer.
Proving Medical Malpractice
There are three key elements to prove a successful medical malpractice case:
1. Victim was a patient under the care of the at fault professional
2. Medical professional deviates from the standard of care
3. Medical professional actually caused the harm/injury
Medical malpractices are often complex and require going up against large health care providers. Please contact Hariri Law Group for a free consultation to discuss the details of your potential claim. Our experienced attorney’s will work diligently to make sure you are compensated for your injuries.
