Family Settles Dental Negligence Lawsuit for $1 Million
The family of a thirteen-year-old girl, who died while she was undergoing dental surgery, has settled a wrongful death lawsuit for $1 million.
The incident occurred at a dental office on December 21, 2010, when thirteen-year-old Melissa Kingery was undergoing surgery. The girl had been administered general anesthesia, and during the surgery, suddenly stopped breathing. She died soon after.
Autopsies later confirmed that the death was the result of complications arising from anesthesia use. The girl suffered diffuse hypoxic ischemic encephalopathy from respiratory arrest brought on by anesthesia complications.
Her parents filed a lawsuit against the dentist, an 81-year old man. His insurance company has now settled the lawsuit for $1 million. The settlement was brought about through the help of the State Dental Board which negotiated between the parties and approved the final settlement. The settlement will be shared by the parents of the girl.
The dentist insists that the settlement by his insurance company was against his wishes. He soon stopped giving intravenous sedation, and on September 1, agreed to retire. The victim’s family hopes that current regulations involving the use of anesthesia on children will be modified in order to better protect them.
Shockingly enough, this was not the first time that the dentist had been sued for wrongful death. In an earlier case in 1997, a fifty-seven-year-old woman died of similar complications under the care of the same dentist. That case was settled for $550,000.
Robert Fleming is an Atlanta dental malpractice lawyer, helping victims of negligence by dentists, dental assistants and other professionals, recover compensation for their injuries.
