dental accident

What is the name of your state?undefinedtexas
First i need to know the Statute of limitations on a malpractice suit. My son went to the dentist for a baby tooth to be pulled and a baby root cannal in 2003. He was 7 at the time. They did not weigh him and gave him enough versed and phenagan for 2 grown men. When he would not wake up they told me he would be ok and to take him home. I didnt thank goodness. But by the time i got to the hospital with him his eyes were fixed and dialated and no oxygen was going to his brain. He has had alot of learning problems since this has happened and alot of behavorial changes. Is there anything i can do

Find the best med-malpractice attorney from a large firm and go talk to him. I think you really do have a case worth pursuing. Be prepared for low-ball settlement offers and a long litigation period. Proof is difficult but if that "fixed and dilated " is in the records it would almost certainly affect his learning ability.
I am guessing it was an oral surgeon doing the work and also doing or directing the anesthesia at the same time. Those guys are often too cheap to hire an anesthesiologist or a nurse anesthetist who would have been giving your child's respirations full attention. In the records be sure you look for mention of an O2 monitor on his finger. If not there they are in deep doo-doo. Good luck.

Statute of limitation is more then likely a year maybe two. So you need to get a lawyer fast to get working on this. Good luck.

Potential dental malpractice

Texas is one of many states to have adopted significant changes to the statutes governing medical malpractice over the past decade or so. The SOL is two years - EXCEPT for children under 18. When the SOL period begins before a claimant reaches the age of 18, the action may be brought at any time before the claimant's 20th birthday. Obviously, this is enormously important - and beneficial - in cases where only time will reveal the full consequences and extent of injuries resulting from negligent medical care received at a young age. It also provides some protection of the action for the minor in a situation where a parent or guardian, for whatever reason, fails to initiate or pursue a claim on behalf of the child.

Just curious. . .you say by the time you got your child to the hospital his "eyes were fixed and dialated" . . . except in cases involving hypothermia - such as drowning in icy water - there is not much chance of resuscitating someone who has reached the point where their pupils are unresponsive - not successfully anyway. So . .I'm assuming your son's heart was restarted by electric shock, he was immediately intubated, put on a ventilator, and admitted to ICU in a coma - correct? And he underwent extensive rehabilitation when he finally awoke and has remained under the care of a neurologist ever since? Because you don't mention any of this. If this was, in fact, the scenario, you and your child are very lucky he did not end up in a persistent vegetative state. And yes, you should speak with a good medical malpractice attorney. I would choose a large, old firm in a metropolitan area - small offices trying to do malpractice are often not capitalized well enough to give you the best of all options. Sometimes a small firm will handle one case that turns out to be very profitable and get "the bug" - believing that they can make it happen every time. If representing you starts to compromise the firm's financial integrity, there are corners that can be cut - but shouldn't. .

Good luck to you and your son

Just curious. . .you say by the time you got your child to the hospital his "eyes were fixed and dialated" . . . except in cases involving hypothermia - such as drowning in icy water - there is not much chance of resuscitating someone who has reached the point where their pupils are unresponsive - not successfully anyway. So . .I'm assuming your son's heart was restarted by electric shock, he was immediately intubated, put on a ventilator, and admitted to ICU in a coma - correct?

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damn, vrzirn--did you read this?! EC

Why?

I'm not sure what damn, vrzirn--did you read this?! EC means, but maybe I should explain why I asked what I asked.

The OP did not contain information most patients (or parents of patients) who feel they have been a victim of medical malpractice are usually very anxious to share: there are huge gaps between the administration of an overdose of anesthesia; the child arriving at a hospital with fixed and dilated pupils and finally, experiencing behavioral problems and learning disabilities. Nor does it include nearly enough information to hazard a guess as to whether or not what happened to the child is actionable.

The assessment of a patient's pupils is a standard neurologic vital sign used to determine if the brain has been deprived of oxygen - which in this case would be due to anesthesia overdose resulting in respiratory failure. "PEARL(E)" is the medical shorthand for "Pupils are equal and reactive to light (equally)" - and is what is considered "normal". "Pupils F&D" is the other end of the spectrum entirely and is a very ominous sign that the brain has been without oxygen for a significant period of time. If full cardiac arrest has not occurred, it is imminent. How long does "brain death" take? Everyone has read accounts of successful resuscitation (no permanent brain damage) after hours in cold water drownings. A gunshot wound or other trauma in which massive blood loss causes respiratory arrest? The generally accepted numbers are 12 - 18 minutes. However, recent studies have shown that if respiratory failure is the result of anesthesia overdose, brain death can occur very, very rapidly: sometimes in a matter of seconds.

I have reviewed mountains of medical records and have found that it is not uncommon for a parent to misinterpret or misunderstand things they hear while under the extreme stress of trying to absorb what they are being told about the treatment of a critically ill child - that's all. This is to be expected and I meant no disrespect to the OP: I was just trying to fill in that all-important timeline.

EC- "fixed and dilated" might only have been poster's opinion. She says nothing about cardiac arrest or intubation or even about skin color (blue). So, who knows? No doubt they overdosed him and the ER probably reversed the Versed, Phenergan and maybe even some fentanyl. Poster even omits exactly how much of the various drugs he was given, How much is too much? It is true that usually, "fixed and dilated" is goodby time. So I am sceptical and wondered if that quote was in the records.
He could have had some learning problems before and there was concern about being "slow". We are all speculating because the poster's information was so sketchy. A review of the official records and the child's history would provide an attorney with facts. Nevertheless, the fact he was overdosed and there may not have been an O2 monitor "might" be worth something. Proof that would deserve high damages would be difficult because the child is not brain dead or severely damaged.

vrzirn
You and I are on the same thought-waves! I read the OP's description and all I envisioned was an antagonist, like Narcan, and oxygen support, not the extreme efforts posted as a response.
EC