Did you know that dental malpractice, particularly negligence with higher-risk dental procedures such as those involving surgery, can lead to significant and irreparable harm? It is an unwelcome, albeit very serious reality for victims like one of our recent clients. After enlisting Fronzuto Law Group’s help with her dental malpractice case, our attorneys successfully secured a $2,500,000 settlement for our client, a 37-year old woman whose life was irrevocably changed by the failures of a doctor who specializes in dental surgery. This physician’s failure to uphold the proper standard of care in performing her dental implant surgery ultimately resulted in a long and painful five-year period of dental trauma and injuries, matched only by the undue emotional trauma that our client has been forced to endure.
First: The Facts
While infection is among the risks of all dental implant surgeries, this case centers on the doctor’s failure to address our client’s infection in multiple ways. His particular errors and omissions include:
- Failure to diagnose an existing pathology within the jaw prior to performing implant surgery, which led directly to infection and osteomyelitis of the jaw.
- Failure to properly treat the infection, specifically by neglecting to review the culture results or order additional tests, which led to prescribing ineffective antibiotics.
- Failure to recognize and adequately treat postoperative infection in a timely manner, which could have prevented the development of osteomyelitis, leading to further complications, requiring additional surgeries, and causing severe injuries.
- Failure to refer the client to an infectious disease specialist for further testing and identification of the specific bacteria causing the infection, which allows for the selection and administration of the correct antibiotic therapy.
- Failure to sufficiently control the source of the infection, which occurred in multiple ways. First, by delaying in removing the implants that were the root of the infection. Then, by immediately replacing the implants while an active infection still existed.
- Negligence in the course of resection surgery, during which hardware and harvested bone was placed in a continuously infected environment.
- Performing a bone graft in surgical sites with an infection, which substantially raises the likelihood of cross-contamination, which occurred in this case.
Then: The Post-Surgical Devolution
Fundamentally, our client developed a secondary, more dangerous form of infection following her initial implant procedure. After our client’s dental implant procedure, her infection was repeatedly minimized by her doctor despite clear and ongoing complications, including pain, swelling, pus, redness, and tenderness in the left side of her jaw. She developed an abscess, which subsequently necessitated drainage, irrigation, and debridement, and further treatment of the infection in a hospital setting.
Further diminishment of the infection occurred in multiple follow-up visits to her doctor, who chose to discontinue antibiotic treatment and continued to disregard her concerns as to the healing process. While our client continued to express her concern that the infection was coming back, and she continued to experience symptoms in the same location, the doctor advised her that the infection was not returning.
The infection persisted, symptoms reemerged, and a second procedure was performed to replace the affected implants. Although she was informed that only one implant would need to be replaced during surgery, an hours-long procedure was ultimately performed involving the replacement of multiple implants. The same antibiotic was ordered without further testing or analysis as to the specific bacteria or its sensitivity to the selected medication. As a result, the infection progressed into a dangerous condition known as osteomyelitis, a serious bone infection in our client’s jaw. Our client’s mandible would then need to be removed and reconstructed–a far stretch from the original dental implant procedure where her case began.
Thereafter, the physician performed a bone graft, harvesting bone from her left hip, which was then used in conjunction with additional hardware to repair the missing portions of her mouth and reconstruct her jaw. The bone graft led to cross-contamination and severe infection in her hip, which never would have occurred had the contamination from her mouth not been introduced into this area. When a wound culture of her hip was taken, it matched the infection diagnosed in our client’s mouth.
Despite the severity of her condition, the doctor did not order additional cultures, recommend a higher level of care, or refer her for an infectious disease consultation. Had such a referral and further investigation by an infectious disease specialist occurred, our client could have been treated and avoided the development of osteomyelitis and the resection of her jaw.
Recognizing the need to advocate for herself amidst a daunting schedule of treatments, procedures, and antibiotics, our client ultimately sought out an infectious disease physician due to her worries that the infection was not being adequately treated. She was diagnosed with osteomyelitis of the mandible and iliac crest, meaning the same infection occurred in her hip as the one that existed in her mouth. Her condition has required multiple surgeries and ultimately led to permanent physical and psychological injuries.
Understanding the Effects
As a result of this doctor’s negligence, our client has endured over five years of pain and suffering, including numerous surgeries, medications, secondary mental health conditions, damage to her marital relationship, scarring, as well as physical and functional limitations. She has had to have portions of her jaw removed and reconstructed, in addition to multiple surgeries and procedures to remove portions of her leg muscle, skin, and bone to replace missing portions of her mouth. She has substantial nerve damage and loss of feeling in her lower jaw and lips, which has caused difficulties with speaking and eating. In addition, she has significant facial and leg scarring. Ten of her teeth are still missing and she is anticipating undergoing eighteen additional dental clinic visits and procedures to address some of the remaining issues. Even with further treatment, she has sustained permanent injuries, including nerve damage, scarring, numbness, disfigurement, problems with eating and speaking, and pain.
As for the effects on her life, she has lost jobs due to her physical limitations, delayed her family plans, endured marital strain, and suffers from several psychological disorders. Her personal, interpersonal, and vocational abilities have been adversely impacted by the trauma of her case. This extends to her relationship with her husband, her previous enjoyment and engagement in an active lifestyle, and her participation in social activities. Perhaps most tragically, the stress of such extreme and persistent suffering during and after this preventable ordeal contributed to her experiencing a miscarriage.
Quite clearly, our client’s life has been irrevocably harmed by the negligence of the medical professional that she trusted. Although nothing will repair or truly compensate for her pain and suffering, our compassionate and skilled attorneys worked tirelessly to secure the financial recovery that she deserves, obtaining a $2.5 million settlement on her behalf.
