As an attorney that’s involved in numerous injury cases where someone has been hurt, occasionally we run into a scenario involving a trip to the dentist. Most of us are accustomed to visiting our dentist twice a year for a routine checkup and are perfectly comfortable with our dental care. Choosing a dentist is a very important endeavor and selection should not be treated too lightly. In some cases a dental visit can have lasting effects that could cause you to endure unnecessary pain and suffering. Recently, I read about one such horror story about a patient whose oral surgery went very wrong. What is so alarming is that she did not know she had been harmed until side-effects started to show up a while after her operation.
A lawsuit claimed that a dentist had left a drill bit inside a Tampa woman’s skull for almost an entire year. According to the lawsuit Donna Delgao’s surgeon left behind a one inch length of steel in a wound after her dental surgery in 2008. The tool was lodged in the woman’s right maxillary sinus. Delgao suffered for 11 months with unexplained nosebleeds, dizziness and sinus infections until it was finally discovered and removed by a professional. The Tampa woman’s attorney reported that she may also be experiencing long term effects not yet determined as a result of possible nickel poisoning. The dental negligence lawsuit is seeking unspecified damages along with a trial by jury. The lawsuit mentions the oral surgeon by the name, Ralph Eichstaedt and the St. Petersburg Times newspaper said he would not comment on his lawsuit.
If you have suffered your own injury as a result of negligence of your dentist or oral surgeon, whether by the result of a surgical mistake or dental error, please call a qualified attorney who regularly handles medical malpractice cases. They will be able to tell you about your options to try to get the compensation you deserve.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
2 Comments
Nick Konev
Interesting information --- we don't see too much of this at our clinic. Is there a certain length of time that someone must report these types of injuries?
Shapiro, Lewis & Appleton
Thanks for the question Nick. The statute of limitations for a personal injury in North Carolina is typically three years. Though, there are some exceptions to the general rule.
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