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Dental Negligence Lawsuit Settles for $1 Million

The family of a thirteen-year-old girl who died while she was undergoing dental surgery, has reportedly settled a wrongful death lawsuit for $1 million.

The incident occurred at a dental office on December 21, 2010, when the thirteen-year-old 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 81 year-old dentist. The case has now settled and the lawsuit dismissed in exchange 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 reportedly settled for $550,000.

Robert J. Fleming is an Atlanta dental malpractice lawyer, helping victims of negligence by dentists, dental assistants and other professionals, recover compensation for their injuries. He has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.