Arnold, MO asked in Medical Malpractice and Personal Injury for Missouri

Q: I took my 5 yr old son for an annual dentist exam and cleaning. They mixed up kids. He received gas and shots-no consent

I understand that there may not be damage afterwards BUT there should be consequences. I contacted the dental board and waiting to hear back from an attorney. I think anyone with a small child could see my ANGER from this. They drugged my child for NO reason. I’m not the one to sue but in this case I will. If that isn’t possible then the system is terrible. It is abuse to me, extreme abuse. Thanks for your responses. I’m just trying to see if I could have a standing case.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: It absolutely is Malpractice. The issue is, what is the value of the harm.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In your case, it seems that the dentist may have breached their duty of care by failing to properly identify your son and by administering anesthesia and shots without your consent. This could potentially cause harm to your son, both physically and emotionally.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.