A young family in Saskatchewan experienced a terrible ordeal this August when five-year-old Autumn Ferguson’s lungs collapsed following a routine dental procedure. The case, which has not yet led to any legal action, is a reminder that dental malpractice can have devastating, life-changing impacts, and that victims of dental malpractice should contact a medical malpractice lawyer as soon as possible following their injury.

What Happened?

 Autumn went to CDW Surgical Solutions, operated by Children’s Dental World, in Regina to have some teeth pulled and a couple teeth capped, according to CBC News Saskatchewan. She was put under general anesthetic because earlier attempts to administer local anesthetic had been unsuccessful.

The procedure was “uneventful,” a CDW Surgical Solutions anesthesiologist told Autumn’s father, Spencer Ferguson, several days later. However, Autumn’s lips were slightly swollen, so the team decided to leave her breathing tube in while she was moved to the recovery room. There, she was hooked up to a high-pressure oxygen with no relief valve, an error that caused her lungs to collapse. The anesthesiologist, Dr. Ken Ringaert, admitted to Ferguson that the accident was a human error.

Autumn was transported to Regina General Hospital and later to a hospital in Saskatoon. She did not suffer brain damage but will need additional surgery to repair damaged vocal cords and trachea. Her father believes she has also suffered mentally.

“You can tell she’s traumatized,” Ferguson told the CBC. “Before, she was running around, dancing, singing, playing. Now she’ll come sit on the couch and cuddle with me and not move or just want to sleep. She doesn’t want to do anything anymore, just tired.”

Dental Malpractice

Autumn’s family has not decided whether to pursue legal action against her care providers. However, victims of dental surgery malpractice are within their rights to pursue compensation for the injuries they have suffered. A medical malpractice lawyer can help you understand the viability of your claim and provide advice as you move through the legal process.

In cases involving dental malpractice, a plaintiff must prove the following:

  1. That they incurred damages
  2. That they were owed a duty of care by the defendant dental professional
  3. That the defendant failed to provide that standard of care
  4. That the injuries suffered by the plaintiff were as a result of that failure
  5. That the injuries suffered were reasonably foreseeable

Contact an Experienced Medical Malpractice Lawyer

 If you or a member of your family have been seriously injured during a dental procedure, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation with an experienced medical malpractice lawyer.

 

Photo credit: Shutterstock

Greg Neinstein

Greg Neinstein, B.A. LLB., is the Managing Partner at Neinstein Personal Injury Lawyers LLP. His practice focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. Greg has extensive mediation and trial experience and has a reputation among his colleagues as a skillful negotiator.
Greg Neinstein