Is it possible for my brother to claim compensation for anaesthetic error made by dentist after he suffered an allergic reaction to the anaesthetic?
It may be possible for your brother to claim compensation for anaesthetic error made by dentist after he suffered from an allergic reaction to the anaesthetic. However, the only one who will be able to give you a specific and informative answer is a claims solicitor with experience in dentist error with anaesthetic compensation claims at the first possible moment. Once they have knowledge of the circumstances in which your brother suffered an allergic reaction and the nature of this reaction, your solicitor will be able to determine the viability of your brother’s dentist anaesthetic negligence claim and begin the process of establishing negligence.
Although it may seem very clear to you and your brother that there was a demonstration of negligence with regards to your brother’s claim, dental negligence can often be difficult to prove even if an injury, illness or deterioration of an existing condition has occurred. It will also have to be determined that your brother’s reaction was an allergic one, as there are several reactions to anaesthesia that can be mistaken for allergy. These include anxiety, rashes, hives and, most severely, anaphylaxis. These reactions are frequently due to an allergy to something else beyond that of the actual anaesthetic itself. It will be necessary to establish that whatever symptoms your brother suffered from following his dental procedure was due to the anaesthetic itself and due to dental anaesthetic medical negligence. If negligence cannot be established then a claim for anaesthetic error made by dentist will not be successful.
A solicitor will be able to determine whether or not negligence occurred by contacting everyone in the dental team that carried out your brother’s procedure. Although it may seem like the reaction was due to the dentist’s negligence, often such errors can occur when a nurse or dental assistant has provided the wrong dose of anaesthesia or has been given wrong information. Your solicitor will not apportion blame when they write to the dental team; they will simply obtain the relevant dental documentation from your brother’s dental procedure to present to an independent dental expert. This medical expert will examine the notes and establish whether or not what your brother experienced was an allergic reaction, if this experience could have been avoided had alternative steps been taken and if the same outcome would have occurred had another, competent dental professional been involved in the procedure.
If the medical expert concludes that your brother’s reaction was due to negligence then your solicitor will send a letter of claim to the responsible party, informing them that he plans on initiating a dentist anaesthetic negligence claim against them. Whoever is responsible will have twenty one days to acknowledge receipt of the letter and will then have a further ninety to days to either accept or deny liability. If liability is accepted, his solicitor will enter into negotiations to secure the maximum amount of dentist error with anaesthetic compensation settlement he should be entitled to. If it is denied, then your brother’s claim may have to be settled in court.
The information provided here regarding whether not your brother should be entitled to make a claim for anaesthetic error made by dentist is no substitute for contacting a professional solicitor for relevant legal advice. It is advisable that your brother meets with a solicitor to discuss his claim at the first possible moment.