St. Petersburg, FL asked in Personal Injury, Health Care Law and Medical Malpractice for Florida

Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to not sedate. An authorization to sedate likely states that the dentist may do it, not that it must be done. You should consult with an experienced Medical Malpractice attorney and have the malpractice attorney review the sedation authorization.

Charles M. Baron agrees with this answer

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